ATTACHMENT A
CONTRACT SERVICES AGREEMENT NO. 26B090
(BB&K 2024)
1 CONTRACT SERVICES AGREEMENT 26B090
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
PALM SPRINGS INTERNATIONAL AIRPORT
This Contract Services Agreement (“Agreement”) is made and entered into on July 1, 2026, (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Universal Green LLC , a California limited liability company , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm, to provide landscape and grounds maintenance services for Palm Springs International Airport, (“Project”).
B. Contractor has submitted to City a Bid to provide landscape and grounds maintenance services for Palm Springs International Airport, to City under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform the the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality , experienced, and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract Documents.
The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Contractor’s signed, original proposal submitted to the City (“Contractor’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Invitation for Bids and the Contractor’s Bid, which are both attached as
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2 Exhibits “A” is incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Contractor’s Bid. All provisions of the Scope of Services, the City’s Invitation for Bids and the Contractor’s Bid shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Invitation for Bids ; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Contractor’s Bid.
1.3 Compliance with Law . Contractor warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services . Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor 's risk until written instructions are received from the City.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of eight hundred thirteen thousand six hundred dollars and zero cents ($813,600.00) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “ B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment . Un less another method of payment is specified in the Schedule of Compensation (Exhibit “ B”), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based
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3 upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years , commencing on the July 1, 2026, and ending on June 30, 2029 The Parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period.
3.2 Termination Prior to Expiration of Term . The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor.
Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically ap proved 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 after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
3.3 Schedule of Performance. Contractor shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the C ontract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
(BB&K 2024)
4 3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwiths tanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
Salvador Moreno-Ramos, Member. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services . Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreem ent shall create any contractual relationships between any subcontractor and Cit y. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement
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5 may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor ’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
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6 the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified pay roll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions , unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
required
X is not required;
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor ; or ( b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a
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7 period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other i nsurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In t he event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, w orkers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions . City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
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8 insurance policies required of Contractor under this Agreement:
A. For any claims related to this Agreement, Contractor ’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Contractor agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor ’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Contractor agrees to ensure that subcontractors, and any other parties involved with the Project who are 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 the City for review.
G. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.
(BB&K 2024)
9 I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or 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 limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City , or to reduce or dilute insurance available for payment of potential claims.
L. Contractor agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s activities or the activities of any person or person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are w aived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work comm ences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." (" as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
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10 C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
6.2 Design Contract Services Indemnification and Reimbursement.
If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
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11 7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services . If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use.
Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.
Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them . In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents , and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally acc epted accounting principles and shall clearly identify and make such items readily accessible to such
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12 parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor . Contractor ’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete
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13 compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses . These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of thi s Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
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14 10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. Intentionally Omitted
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the addres s of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor: Universal Green LLC
Attention: Salvador Moreno-Ramos
17989 Corkill Rd 63
Desert Hot Springs, CA 92241
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party
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15 beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i ) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
10.11. Bond requirements.
10.11.1 For any Extra Work (defined by line items 29 and 30 for additional work on the Bid Form) authorized by City over Twenty-Five Thousand Dollars and 00/100, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Extra Work authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference.
10.11.2 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall
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16 promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
10.11.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be consider ed qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
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[SIGNATURES ON NEXT PAGE]
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17 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY
OF PALM SPRINGS AND UNIVERSAL GREEN LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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18 EXHIBIT “A”
SCOPE OF SERVICES
1.1 Scope:
A. Contractor shall furnish all labor, tools, materials, and equipment, except where otherwise specified, to provide landscape and grounds maintenance services (Work).
B. The scope of work includes providing daily (7 days per week) landscape and grounds maintenance services for Palm Springs International Airport zones consisting of approximately 11.9 acres of turf, 18 acres of desert landscape,
13.5 acres native landscape, and 55 acres of planted landscape area and 24626 ft of fence line. Tree trimming services are excluded except to the extent dead or damaged tree limbs have broken and are hanging from a tree, or fallen onto the ground and require removal, which is expressly included in the scope of work.
C. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Airport and shall comply with all legal construction and landscape maintenance practices. The premises shall be maintained at the level of service always provided for in the scope of work.
D. The City and Airport has prohibited the use of gasoline leaf blowers. The Contractor shall only use electric, and battery powered leaf blowers.
E. Contractor shall recycle green waste generated from their contract performance and submit a monthly report identifying the weight and/or volume of green waste recycled.
F. Contractor shall provide landscape maintenance of all work sites, including, but not limited to the following:
1. Fertilize, prune, shape and trim trees, shrubs, vines and ground cover plants.
2. Control weeds and plant diseases.
3. Mow, edge and fertilize turf grass.
4. Blow or rake hardscape clean (method must have minimal impact on airport operations and patrons). Sweep, blow or wash as needed all walkways or sidewalks in each zone in a clean and safe condition.
5. Maintain plant material in a healthy condition with horticultural acceptable growth and color.
6. Inspect, maintain and repair all irrigation systems in their entirety.
7. Removal of Damaged Plant Material. All dead, damaged, declining, hazardous or broken plant material (Trees, shrubs, vines, ground cover, turf), whether a result of the Contractor negligence or an Act of God shall be removed by the Contractor at no additional cost to the Airport. This scope of work includes removal of dead or damaged tree limbs can be managed by the landscape crew and with the use of hand tools that have broken and are hanging from a tree or have fallen onto the ground. Anything bigger in si ze will be handled by the arborist.
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19 8. Perform general area clean-up, including the removal of leaves, trash, dog feces and other debris from the work sites.
9. Maintain all work sites in a safe, attractive and usable condition.
10. Maintain hardscape and drainage systems.
G. The Contractor must provide continuous inspections of its work areas.
H. The Airport Contract Administrator will schedule inspections to monitor the Contractor’s activities and ensure that the work performed is done to the quality level and prescribed methods and time schedules.
I. Discrepancies and deficiencies in the work will be brought to the attention of the Contractor and corrected in the manner and time frame specified by the Airport.
J. The Contractor shall meet daily with the Airport Contract Administrator at a time mutually agreed upon by the Airport and the Contractor. This daily contact is for the purpose of discussing areas to be maintained, Contractors’ work schedule for the day, ar eas that need to be inspected for approval, and Site Inspection Forms that need to be signed off. Failure to contact the Contract Administrator or designate on a daily basis will constitute a breach of contract.
K. Emergency Response:
1. Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. (Emergencies that involve maintenance work included in these general conditions shall not be compensated).
2. Calls of an emergency nature received by the Airport shall be referred to the Contractor for immediate disposition.
3. If the Contractor cannot be reached and is unresponsive within the two (2) hour timeframe the Airport will deduct from the monthly billing the cost of Airport forces, or other sources, used to repair the emergency.
4. The Contractor shall not receive additional compensation for responding to emergencies for work included within the scope.
5. In situations involving emergency repair work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours.
a. The Contractor’s vehicle shall carry sufficient equipment to effect safe control of traffic.
b. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair on a temporary/permanent basis.
c. If a Airport Representative is still at the site when the worksite Contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with that responsible person.
1) If the repair will take only a few minutes, the Airport Employee may stay to continue to direct traffic while the Contractor makes the repairs.
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20 2) If the repair will take longer than the Airport Employee can wait, the Contractor shall immediately set up temporary traffic control devices and all other necessary warning devices and relieve the Airport Representative.
d. The Contractor shall notify the Airport, or his representative by telephone within 24 hours of any emergency work that is performed.
L. Areas to be Maintained:
1. Work sites may include medians, parkways, facilities, slopes, greenbelt areas, or natural areas.
2. An identification of the areas to be maintained is provided in the Appendix “A”
3. For any additional service if needed at Airfield, the airport staff will provide the escort.
4. Inventories supplied with this bid package are only approximate and may contain errors.
M. Contractor shall perform a maintenance inspection, during daylight hours, of all areas. Such inspection shall be both visual and operational. It shall include, but not be limited to, the operation of all irrigation and/or other mechanical systems to check for proper condition and reliability. Contractor shall post signs indicating the system is being checked for maintenance purposes.
N. Contractor shall attend a mandatory inspectors’ meeting each week in order to receive important information and resolve any problems.
O. Contractor shall complete and submit a monthly Site Inspection form and keep a monthly complaint log.
P. Site Inspection Form: The Site Inspection Form will consist of a written list of specified monthly tasks landscape and grounds maintenance. The Site Inspection Form shall be considered complete when all work on the sheet has been inspected and approved by the Airport and has been signed by both the Airport and the Contractor indicating that agreement exists as to the information shown on the Site Inspection Form. Such information shall consist of specific worksite locations and the acceptability of the maintenance activities performed.
The completed sheets dated, certified, and signed by the Contractor and the Airport will be submitted to the Airport monthly along with an invoice with the Contractor’s letterhead, and an affidavit for evaluation and pay. It s hall be mandatory that all forms be completed at the end of each month before another Site Inspection Form may be issued. Failure to obtain a Site Inspection Form prior to beginning the next month’s maintenance services can result in nonpayment for work performed.
Q. Contractor Staff:
1. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the Airport, all work required under this contract during the prescribed hours.
During this Contract, Contractor shall provide the following minimum crew assignments and full-time staffing levels on-site at all times:
a. One (1) full-time project manager/superintendent
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21 b. Two (2) full-time lead workers
c. Two (2) full-time landscape technicians turf, and landscape maintenance. iv. Two (2) full-time irrigation technicians
2. Contractor shall also provide additional manpower as needed to adequately perform all tasks as specified in the Contract.
3. All of these people shall work Monday through Friday and be assigned to the Airport facilities in the city. Additionally, workers shall be assigned to work a full eight (8) hour shift on Saturdays, Sundays and holidays to provide the Airport with seven (7) day-per-week coverage, as required on each Task List.
4. At least four (4) full -time employees shall be allocated seven (7) days per week and assigned to provide services at Airport zones, The Airport reserves the right to require additional full-time employees to be assigned to the zones if the required landscape maintenance services are not being adequately provided at these zones.
5. The Contractor shall have competent supervisors, who may be working supervisors, on the job always work is being performed who are capable to communicate effectively both in written and oral English and discuss matters pertaining to this contract. Supervis ors must be able to demonstrate to the satisfaction of the Airport that they possess adequate technical background.
Adequate and competent supervision shall be provided for all work done by the Contractor’s employees to ensure accomplishment of high-quality work which will be acceptable to the Airport. Any order or communication given to the supervisor shall be deemed as delivered to the Contractor.
6. The Contractor, and their employees, shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. The Airport may require a Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the Airport and City.
7. The Contractor shall require each of his employees to wear basic public works working attire. These are basically proper shoes, and other gear required by State Safety Regulations, and proper wearing of the clothing.
Shirts shall be worn and always buttoned; safety vests are required when indicated by the Work Area Traffic Control Handbook, or the City/Airport.
8. The Contractor shall establish an identification system for personnel assigned to service this Agreement which clearly indicates to the public the name of the Contractor responsible for the landscape maintenance services.
The identification system shall be furnished at the Contractor’s expense and includes appropriate attire and/or name badges.
9. The superintendent, lead worker, landscape technician, and irrigation technician shall each have a cell phone in their vehicles and be always available for telephone contact during normal working hours to respond to calls and settle problems that may occur throughout the workday.
R. Apprenticeship Standard: Where required under law, the Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code.
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22 S. Protection of Public / Safety:
1. The Contractor shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation; to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; furthermore, to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to, OSHA and CAL-OSHA.
2. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the Contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. All construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CA -MUTCD) for Streets and Highways, or subsequent editions in force at the time of construction. Part 6 of the California MUTCD is available online at: https://dot.ca.gov/programs/safety- programs/camutcd.
3. All signs, barricades and other temporary traffic control devices required for the work shall be the responsibility of the Contractor. The contractor shall safely delineate any area where repairs are being performed to prevent passengers or tenants from entering
4. The Airport, or his representative, reserves the right to issue restraint, or cease and desist orders, to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract.
T. Hazardous Conditions:
1. It shall be the Contractor’s responsibility to identify, any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe practices occurring thereon. The City/Airport shall be notified immediately of any unsafe condition that requires major correction.
2. The Contractor shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas and paving, diverting water sheet flow, using barricades or traffic cones to alert persons of the existence of hazards, replac ing valve box covers, and securing exercise and/or play apparatus to protect all persons from injury.
3. The Contractor shall inspect all work sites for hazards, or potential hazards daily.
4. During the required inspection of all work sites for hazards, or potential hazards, the Contractor shall keep a log indicating the date the area was inspected, any unsafe conditions, and the action taken.
5. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the City/Airport within five (5) days following the occurrence.
U. Non-Interference: The Contractor shall not interfere with the public use of the premises, nor disrupt the peace and quiet of the area within which the services
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23 are performed. Contractors shall conduct their operations to offer the least possible obstruction and inconvenience to the public.
V. Reporting Damage or Malfunction: Any damage to, or malfunction of, any facility not specifically stated in this Agreement shall be promptly reported to the Project Manager.
W. Wear & Tear, Vandalism / Theft:
1. The Contractor shall be responsible for reporting any vandalism/theft of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractor.
2. The Contractor shall be responsible for performing maintenance, repairs, and replacement of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractor
3. Compensation will be reimbursed only for the cost of parts which are directly related to the normal wear and tear, theft and/or vandalism; labor shall be provided by the Contractor at no additional cost to the Airport. The Contractor must receive the Airport’s prior approval and shall maintain a full accounting of any additional parts.
4. The following conditions shall be met prior to the Contractor identifying additional parts as being needed due to normal wear and tear, theft and/or vandalism, and for any proposal of Extra Work requiring additional payment over and above the monthly allowance:
a. Submit a written proposal for the replacement part(s) costs documenting with photos the condition of the part requiring replacement, or the theft or vandalism that has caused the damage requiring repair to the irrigation system.
b. Secure written authorization for the purchase of the replacement parts by the Airport, or his delegated representative.
c. Submit a photocopy of the original invoice(s) for the replacement parts. d. Submit a copy of a report filed with the City Police Department which relates to the specific incident if required by City/Airport.
X. Utilities:
1. The Airport shall pay for the maintenance-related water and electrical utilities.
2. The Contractor may pay for all excessive utility usage due to the Contractor’s failure to repair irrigation systems or unauthorized increases in water usage.
3. The excess cost will be determined by comparing the current usage with historical usage for the same time period.
4. The excess cost factor may be deducted from payments to the Contractor; however, the Contractor will be allowed to explain the increase in utility usage prior to the actual deduction.
Y. Local Office:
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24 1. The Contractor shall maintain an office with a telephone and always provide the following:
a. A responsible person(s), employed by the Contractor, which shall have the ability to take necessary action regarding all inquiries and/or complaints received from the City or the Airport.
b. This person(s) shall be reachable twenty -four (24) hours per day and seven (7) days per week.
c. An answering service shall be considered an acceptable substitute to full- time coverage, outside of prescribed working hours, provided the Contractor is notified of any communication within one (1) hour after receipt of said communication.
2. During normal working hours, the Contractor’s Supervisors, who are responsible for providing maintenance services, shall be available for notification through cellular telephone communication.
Z. Storage Facilities: The Airport shall not provide any storage facilities for the Contractor. The Contractor shall be responsible for obtaining an appropriate administrative office, storage yard, and secure parking lot for its equipment and vehicles. The location of its facility shall be within the City of Palm Springs, subject to the approval of the City.
AA. Locks and Keys and Controller Remote Transmitters:
1. Where City locks and keys are required as part of this contract, the Contractor shall:
a. Not duplicate any coded City key furnished by the Airport. b. Surrender all keys furnished by the Airport at the end of the contract period, or at any time deemed necessary by the Airport to prevent loss to the City.
c. Protect the security of Airport property by keeping controller cabinet and enclosure doors always locked.
d. Refrain from using premises behind locked doors for storage of materials, supplies or tools except as approved by the Airport.
e. Be required to pay a $100.00 deposit for each key issued to open controller cabinets. This deposit is refundable upon return of the key to the Airport. Loss of a key will result in the forfeiture of the key deposit and may restrict the Airport from issuing any future keys.
f. Be required to pay a $450.00 deposit for each controller remote transmitter issued to the Contractor. This deposit is refundable upon return of the remote transmitter in good condition to the Airport. Loss of the remote transmitter or a return of a non-working remote transmitter will result in the forfeiture of the deposit and may restrict the Airport from issuing any future remote transmitters.
BB. Signs:
1. The Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon.
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25 2. The Contractor shall, always, remove all unauthorized signs and advertising matter in the areas under maintenance.
CC. Parking:
1. During the Contractor’s daily operations and completion of the Work, the Contractor shall park their vehicles and equipment within designated public parking areas or approved locations, in accordance with local and state laws, maintaining clear travel lanes for vehicular traffic. Overnight parking of the Contractor’s vehicles and equipment shall be located within the Contractor’s own secured storage facility, and not within any Airport facilities or public parking lots.
2. The Contractor’s vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA.
DD. Vehicles: The Contractor’s vehicles used in performance of the services required hereunder shall be maintained in first class condition. Upon commencement of the services, the Contractor shall furnish and apply an appropriate logo on all vehicles to be used within the City identifying the Contractor’s company and its capacity working on behalf of the Airport. The logo shall be prepared by the Contractor and submitted to the Airport for approval prior to use.
EE. Unknown Obstructions: Should any unknown obstruction be encountered during this contract the Contractor should immediately bring it to the attention of the Airport. The Contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area.
FF. Removing Obstruction and Maintenance of Existing Improvements:
GG. Use of Chemicals:
1. The Contractor shall submit a list of all chemical herbicides and pesticides, proposed for use under this contract for approval by the Airport. Materials included on this list shall be limited to chemicals approved by the State of California Department of Pesticide Regulation and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor where required by law.
2. The City and Airport has prohibited the use of any herbicide containing Glyphosate.
3. The use of chemicals shall conform to the current County of Riverside Agriculture Commissioner regulations. No chemical herbicide or pesticide shall be applied until its use is approved, in writing, by the Airport as appropriate for the purpose and area proposed.
1.2 Work Standards:
A. Method of Irrigation
1. Since water requirements by plants vary according to the season and a particular year, extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun, wind, shade and location in the individual planters. The var iation in size of plants installed, as well as the
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26 varieties, shall be taken into consideration. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth for operational mode.
2. Contractor shall create an annual irrigation schedule, post within each controller and provide a copy to the Contract Administrator.
3. Adequate soil moisture shall be determined by programming the irrigation system as follows:
a. Adjusting and setting the automatic controller to establish frequency and length of watering period.
b. Consideration must be given to the soil conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during freezing weather to prevent icy conditions and manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather.
c. A soil probe shall be used to a depth of twelve inches (12”) to determine the water penetration by random testing of the root zones.
4. Watering shall be regulated to avoid interference with any use of the facility’s roadways, paving or walks.
5. In the areas where wind creates problems of spraying water onto private property or road rights -of-way, the controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or during early morning hours.
6. Irrigation system shall be controlled in such a way as to not cause any excessively wet or “waterlogged” areas that could interfere with the ability to mow all turf. “In lawn” trees and other planting shall be protected from over watering and runoff drowning.
7. New turf [up through the sixth (6th) mowing] shall be watered immediately after mowing. Well-established turf shall not be watered for at least four (4) hours after mowing.
8. All ground cover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken to not over water in shady areas.
9. Contractor shall be responsible for the operation of the automatic controllers, valves and sprinkler heads in managing the overall irrigation water delivery system of the area. All irrigation systems shall be regularly inspected and tested in accordance with the specifications set forth herein.
10. Contractor shall ensure that all personnel working on the irrigation system are fully trained in all phases of landscape irrigation systems and can easily identify and isolate problems and perform the proper testing and inspection of the irrigation system and the maintenance of the sprinkler heads. This knowledge of landscape irrigation systems shall include, but not be limited to, the operation, maintenance, adjustment and repair of said systems and their components.
11. Contractor shall be responsible for total maintenance of the irrigation system by performing the following tasks:
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27 a. Setting, scheduling, and monitoring all irrigation controllers. b. Inspecting and reporting of irrigation system status. c. Adjusting and cleaning of sprinkler heads.
d. Repairing or replacing broken or damaged sprinkler heads with equal size and quality.
e. Providing all P.V.C. schedule 80 nipples, caps, plugs, elbows, couplings, fittings, etc.
f. Providing replacements of all risers and swing joints due to normal wear, vandalism and/or third-party negligence.
g. Flushing irrigation pipelines, as needed.
h. Replacing valve box covers due to normal wear, vandalism and/or third- party negligence with ones of equal size and quality.
i. Replacing and/or relocating sprinkler heads. Contractor shall confer with the Contract Administrator regarding the need for replacement or relocation of sprinkler heads. Airport may require the Contractor, at no additional cost, to relocate the sprinkler heads to those areas within the facility identified by the Contract Administrator
j. Repairing and/or replacing the following items of the irrigation system with equal size and quality: quick couplers, automatic valves, gate valves, valves, automatic controllers, and back flow devices.
k. Annual inspection of the back flow devices.
12. Complete piping replacement of the irrigation system shall not be required by the Contractor. Contractor shall be responsible for the repair or replacement of leaking main and lateral irrigation lines.
13. Replacement of irrigation components shall be completed within twenty-four (24) hours of determining damage or inoperable irrigation components or as otherwise specified.
14. Replacement for the irrigation system shall be with originally specified equipment of the same size and quality or substitutes approved by the Contract Administrator prior to any installation thereof.
15. Maintenance of the water and irrigation systems is one of the most important functions of this Contract. The Airport expects the Contractor to properly staff, inspect and maintain these systems to the highest possible standard.
16. Water supplied by the City for irrigation may be Recycled Water, indicated by purple color -coded sprinklers, valves, valve boxes, tags and signs.
Contractor understands that recycled is not intended for human contact or consumption.
17. Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled Water, and for having appropriate state licenses required for operation and maintenance of Recycled Water systems.
B. Initial Irrigation Inspection
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28 1. Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all work sites and identify all needed repairs.
2. Required repairs shall be submitted to the Airport in a written statement within two (2) weeks after the start date of the maintenance contract.
3. If a written statement which documents required repairs is not received by the Airport within the stated timeframe, the entire system shall be interpreted as fully operational, and deemed acceptable by the Contractor.
4. The Airport shall review and verify all submitted repairs from the initial inspection. Repairs may be completed by the following methods:
a. Authorize the Contractor to make appropriate repairs. b. Use Airport forces to make required repairs.
c. Use another source to make required repairs.
5. Upon completion of all repairs following the initial inspection, the Contractor shall sign-off each individual area as being fully operational C. Weekly Irrigation Inspections
1. To ensure the operability of the irrigation system, Contractor shall sequence controllers to each station manually to check the function of all facets of the irrigation system and report any damage or incorrect operation to the Contract Administrator. This shall be done weekly in all areas and immediately following the mowing operation in all turf areas.
2. During testing, Contractor shall:
a. Adjust all sprinkler heads for correct coverage to prevent excessive runoff and/or erosion and the spread of water onto roadways, sidewalks, hard surface areas, buildings and private property.
b. Unplug clogged heads and flush lines to free lines of rocks, mud and debris.
c. Replace or repair inoperable irrigation equipment.
d. All system malfunctions, damage and obstructions shall be recorded, reported to the Contract Administrator and corrective action taken.
3. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.
4. Malfunctioning sprinkler heads shall be repaired or replaced within one (1) watering cycle.
5. Malfunctioning irrigation systems and equipment shall be corrected within two (2) hours of identification or following verbal notification.
6. The irrigation system shall be controlled during inclement weather conditions and the use of water limited concurrent with the weather situation to the satisfaction of the Contract Administrator.
7. The irrigation lines shall be flushed of grit and gravel by removing the last head on each lateral and operating the system until those materials are expelled.
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29 8. A weekly report, indicating the time and date of each site inspection, shall be given to the Airport. This report shall be in a form acceptable to the Contract Administrator.
9. In addition to regular weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.
10. All system malfunctions, damage and obstructions shall be recorded, reported to the Airport, and corrective action taken.
D. Irrigation Maintenance and Repairs – Irrigation system repairs is required for all areas to be maintained.
1. Contractor shall maintain all irrigation systems in such a way as to:
a. Guarantee proper coverage and full working capability. b. Make whatever adjustments may be necessary to prevent overspray or excessive runoff into street right-of- ways or other areas not meant to be irrigated.
2. All irrigation system repairs shall be provided by the Contractor at no additional cost to the Airport, except for any parts required for such repairs upon prior Airport approval pursuant to Part One, Section K of these specifications.
3. Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system, including but not limited to, pressure pipes from the water meter to the control valves, all irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems, backflow devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers.
4. Maintenance includes, but is not limited, tightening of loose fittings and packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters, strainers, and backflow devices; adjusting sprinkler heads, anti -drain valves and pressure regulators, adjus ting and lubricating controllers; and cleaning drip emitters.
5. Irrigation repairs shall be made within the following time limits:
a. Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification.
b. All other irrigation repairs shall be made within one (1) day of identification or notification.
c. Failure to complete irrigation repairs in the timeframes listed above will result in the Airport utilizing City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead.
6. Replacement of irrigation components shall be with originally installed materials of the same size and quality. Substitutions must be approved by the Airport in writing prior to installation.
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30 7. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.
8. The Contractor shall keep all irrigation heads clean of flow impediments and adjusted properly at all times.
9. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material.
10. Contractor shall restore any landscape areas disturbed by irrigation repair work back to their preexisting condition.
11. Damages to plant material due to the Contractor’s lack of performance in accordance with these specifications shall be the responsibility of the Contractor; dead or damaged plant material shall be replaced at the Contractor’s expense.
12. Damage to the irrigation system caused by conditions under which the Contractor has no control, shall be repaired by the Contractor at the Airport’s expense, if approved in advance by the Airport.
13. At any time, the Airport may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.
14. The Contractor shall keep all controller enclosures free of debris and pests (slugs, ants, spiders, etc.) always. Any resultant damage due to the Contractor not meeting this specification will be the responsibility of the Contractor.
15. The Contractor shall be responsible for hand watering at no additional cost for any areas not provided with an automatic irrigation system. Contractor will also be required to hand water at no additional cost any landscape areas with a non-functioning irri gation system if it is the Contractor’s responsibility to maintain that system.
16. The Contractor may be required to hose off plant material monthly in areas where a drip system is used.
17. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system.
E. Water Conservation – The City/Airport utilizes a central irrigation system
1. Contractor shall monitor all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. Contractor shall notify the Contract Administrator any time irrigation systems are turned off.
2. Contractor shall comply with all City/County/State Ordinances and/or Resolutions which relate to water conservation.
F. Turf Grass Care
1. Turf Grass Mowing:
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31 a. Contractors shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance. This mowing schedule shall be approved by the Airport.
I. All turf areas shall be mowed once every week.
II. Any alteration of the approved mowing schedule shall be submitted in writing to the Airport for approval prior to implementation. b. Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
c. Unless otherwise directed by the Airport, cut cool season turf grass at two (2) inches by using rotary type mowers.
d. Unless otherwise directed by the Airport, mowing height for regular Bermuda grass and ryegrass shall be not less than three-fourths inch (3/4”). Mowing height may be set as high as one and one- half inch (1- 1/2”), with one inch (1”) being considered normal. Mowing height for hybrid Bermuda grass shall be no less than one-half inch (1/2”). Mowing height may be set as high as three-fourths inch (3/4”), with five-eighths inch (5/8”) being considered the normal for hybrid Bermuda grass.
Mowing heights may vary for special events and conditions. e. Avoid removing more than one-third of the leaf area blade at any one time.
f. All mower blades shall be sharpened or replaced at least twice a week.
The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.
g. All debris must be removed daily and disposed of legally off-site. h. 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.
i. Do not mow areas that are saturated with water. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas. If ruts are made, Contractor shall make all necessary repairs at the Contractor’s expense.
j. The Airport shall approve of all mowing equipment used by the Contractor.
k. Small rotary push mowers will be required for parkways and other small areas.
2. Turf Grass Edging and Trimming:
a. Turf grass edging and trimming shall be performed once every week at the time of mowing.
b. Edging of turf grass shall be performed with a power edger containing a steel blade.
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32 c. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line.
d. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
e. Tree trunk protectors shall be provided and installed, at no additional cost to the Airport, when string trimmers are utilized for trimming around the base of trees. The Airport may allow a sixteen (16) inch diameter mulch ring around trees to eliminate continual string trimming. f. In areas where there is no mow curb, a six (6) inch barren strip shall be provided, and maintained, between turf grass and adjacent ground cover.
Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
g. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
h. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site.
At no time shall the Contractor blow clippings into the planter areas. i. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean. At no time shall the Contractor blow clippings from gutters into the turf grass. All clippings must be removed from site.
3. Turf Grass Fertilization:
a. The turf grass shall be fertilized monthly, or as directed by the Contract Administrator to provide a healthy and vigorously growing turf grass with horticulturally acceptable growth and color, as determined by the City/Airport.
b. Fertilization shall be performed with a balanced fertilizer, consisting of a 4-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area. Confirm type of fertilizer to be used in advance with the Airport Contract Administrator; the type of turf and time of year will determine the type of fertilizer used.
c. Fertilizer shall be applied as often as required to always maintain deep green color. The frequency of application will greatly depend on the amount of leaching caused by excess use of water.
d. Contractor shall notify the Airport, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
I. Location and exact date the fertilizer application will be performed.
II. Type of fertilizer and method of application to be used. e. Contractor shall immediately irrigate after each fertilizer application. f. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
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33 4. Turf Grass Aeration:
a. All turf areas shall be aerated by using a device that removes cores to a depth of two inches (2”) at not more than six inches (6”) spacing. b. All turf areas shall be aerified twice annually during the growing season from April to August.
5. Turf Grass Irrigation:
a. All turf grass shall be adequately irrigated to maintain a healthy and attractive appearance.
b. Irrigation run-off and overspray shall be minimized. c. A regular, deep watering program shall be implemented to give the best results.
d. Allow turf to dry out before mowing.
G. Annual Winter Rye Grass Over-Seeding
1. All turf areas may be selected for annual winter rye grass over -seeding by the Airport. The approximate acreage of turf areas to be maintained are identified in the Appendix “A”. Contractor shall provide the quantity of Pure Live Seed necessary to over -seed all areas as specified. Over -seeding is usually done in the Fall beginning as early as September. The Contractor shall provide a schedule for annual over-seeding for Airport zones.
2. The Contractor shall provide additional staff and multiple crews, as may be necessary to ensure all regular landscape maintenance services continue concurrently with the annual over-seeding.
3. All schedule changes or modification must be pre-approved by the Contract Administrator.
4. All areas shall be scalped, vertically mowed and swept free of any loose grass clippings and debris. A maximum acceptable height of remaining turf after this operation is one-fourth inch (1/4”). Soil must be visible throughout the turf area to ensure positive soil contact with the seed.
5. Scalping hall be “smart scalping” and contractor shall provide proof of completing the online College of the Desert Landscaper course. https://www.collegeofthedesert.edu/community/pace/landscaping-cert.php
6. Debris generated or accumulated during the course of the renovation operations shall be removed from the landscape site and disposed of at an appropriate landfill or disposal site at Contractor’s expense. If stockpiling is necessary, pre-approval to do so must be obtained from the Contract Administrator and all material must be removed daily. Absolutely no debris shall be allowed to be left on site after scheduled daily work hours.
7. Irrigation in all areas that may have been damaged as a result of renovation practices must be repaired immediately prior to seeding with acceptable methods and materials at Contractor’s expense. Approval prior to seeding in any area shall be a consensus j udgment between the Contractor and the Airport, if applicable.
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34 8. Acceptable performance and turf renovation practices shall be at the sole judgment of the Airport. If adequate renovation is not performed within any turf area, Contractor may be required to redo any area, in whole or in part, to achieve the desired and intended result. This shall be done at the sole discretion of the Airport’s representative or authorized designee.
9. For overseeding purposes, all turf areas shall be fertilized with a “balanced” fertilizer blend with a minimum guaranteed analysis of fifteen percent (15%) nitrogen, fifteen percent (15%) phosphorus, and fifteen percent (15%) potassium at the time of overs eeding. This fertilizer application shall be in addition to all other fertilization requirements as referred to in this document.
Fertilization must occur prior to the initial irrigation on the seed. Minimum rate: one (1) pound each of actual nitrogen, phosphorus and potassium per thousand square feet of area covered.
10. Seeding shall be done after renovation and prior to fertilization. Seeding must be done in two (2) perpendicular directions at half the recommended rate in each direction to ensure even coverage. After seeding and prior to fertilization, turf is to be mowed at one-fourth inch (1/4”), with grass stubble debris to remain in place for additional coverage.
11. Only Oregon-grown “Blue Tag Certified” seed shall be allowed. Seed must be a perennial ryegrass blend. A minimum of two (2) locally proven grass varieties and not more than three (3) varieties may be used in the blend. The maximum allowable percentage of any single variety within the blend shall not exceed fifty percent (50%) of the entire blend.
12. To compute seeding rates as required, the PLS method shall be used. This calculation is based upon determining viable seedlings by multiplying the germination percentage, as stated on the bag tag, by the percentage of pure seed, as stated on the bag tag, per individual seed lot.
13. Rates will vary depending upon the area of application. An approximate total acreage of each area shall be provided, although bids are to be based upon a per-acre basis.
14. General turf areas shall be seeded at twelve (12) pounds PLS per one thousand (1,000) square feet.
H. Weed Control
1. Weed control shall be provided at all sites daily.
2. Chemical application may be used in and around certain sites, such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc., as approved by the Contract Administrator. Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to four inches (4”). Precautionary measures shall be employed since all areas will be open for public access during application.
3. Spot treat with a portable sprayer or wick wand using a herbicide approved by the Contract Administrator and applied in accordance with the manufacturer’s recommendations. Water shall not be applied to treated areas for the length of time specified by the product manufacturer.
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35 4. Where trees and shrubs occur in turf areas, all grass growth may be limited to at least eighteen inches (18”) from the trunks of trees and away from the drip line of shrubs by use of approved chemicals upon approval to do so by the Contract Administrator.
5. Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. A four -inch (4”) barrier width shall be considered normal.
6. Detailing of sprinkler heads to provide maximum water coverage, valve boxes, meter boxes, and similar obstacles in turf areas may be performed in a manner that ensures operability, ease of location and/or a clean appearance. A four-inch (4”-) clearance shall be considered normal.
7. All grass like -type weeds, morning glory or vine-weed types, ragweed or other underground spreading weeds shall be kept until strict control.
8. All weeds and grass shall be removed from the following areas: roadways, driveways, parking lots, patios, drainage areas, slopes, hillsides, and expansion joints in all hard-surface areas.
9. All weeds shall be mechanically removed from shrub beds, planters and other cultivated areas.
10. Weeds treated with a contact weed chemical shall be left in place for a minimum of seven (7) days. If kill is not complete, additional applications shall be made, at no additional cost to the Airport, until target species are eliminated. All turf and lands cape areas are to be treated annually with a systemic pre-emergent granular weed control agent for the control of both broadleaf and grassy weeds. This application shall be included in the base price for the Contract. The material to be used and the applic ation method proposed shall be approved by the Contract Administrator prior to application.
11. Weeds treated using a systemic chemical shall be left in place in accordance with the manufacturer’s recommendation. The initial application of pre- emergent herbicides typically occurs in the early spring months from February to April each year. If kill is not complete by the time specified in the manufacturer’s recommendation, a second application, at no additional cost to the Airport, shall be made at the request of the Contract Administrator.
12. After complete kill, all dead weeds shall be removed from the area.
I. Shrub Care
1. Pruning of Shrubs:
a. Shrubs shall be pruned once per week, or as required for removal of broken, dead and diseased branches, general containment, and appearance.
b. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain its size with respect to species, size of planters and the best health of the plant.
c. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use.
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36 d. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.
e. Remove any spent blossoms or dead flower stalks as required to present a neat appearance.
f. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle sight distance depending upon roadway topography (i.e. medians and street corners).
g. Shrubs shall be pruned and trimmed using sound horticultural techniques.
h. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same. i. Shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property.
2. Shrub Fertilization:
a. Shrubs shall be fertilized once a year to maintain horticulturally acceptable health and color.
b. Foliar fertilization may be performed when appropriate. c. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1- 1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet.
Any change in the fertilizer ratio and/or rate shall be submitted in writing and approved by the Airport prior to usage.
3. Irrigation of Shrubs:
a. All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
b. Irrigation run-off and overspray shall be minimized.
4. Shrub Replacement:
a. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species of plant and size of plant will be determined by the Department. Contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor’s faulty maintenance or negligence, as determined by the Airport. b. All dead Shrubs must be replaced within one month.
c. Substitutions for any plant materials must have prior written approval by the Airport.
d. Original plans and specifications shall be consulted to determine correct identification of species.
e. All shrubs shall be guaranteed to live and remain in a healthy condition for no less than six (6) months from the date of installation, inspection and verification by the Airport.
f. Care shall be taken to prevent soil build-up around the crown of shrubs.
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37 J. Vine Care
1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.
2. Do not use nails to secure vines on masonry walls.
3. Pruning of vines will be in accordance with good horticulture practices.
4. Vines shall be trimmed as required for safety, disease, general containment or appearance, or as directed by the Contract Administrator.
5. All vines planted on walls shall be trimmed and maintained 18” from the top of the wall. This distance may be modified at the discretion of the Contract Administrator.
6. Vine Irrigation:
a. All vines shall be irrigated to maintain a healthy and attractive appearance.
b. Where possible the vine irrigation shall be on a separate program from turf grass.
c. Existing vines planted in pockets not provided with sprinklers shall be deep watered as needed to promote optimum growth.
K. Ground Cover Care
1. Ground covers are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited to arctotheca, gazania, vinca, lonicera, ivy, trachelosperum, and varieties of iceplant.
2. Edging and Trimming of Ground Cover:
a. Edging of ground cover areas shall be performed weekly or every other month as defined in the Frequency Schedule.
b. All ground cover adjacent to sidewalks, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line. c. All ground cover shall be continually trimmed at the drip line of all shrubs. d. Keep ground cover trimmed back from all utility cabinets, irrigation controller units, valve boxes, quick couplers, or any other appurtenances or fixtures.
e. Do not allow ground cover to grow up the trunks of trees, into shrubs, on structures or walls unless directed by the Contract Administrator. f. Keep ground cover trimmed back approximately 4 inches from structures, walls, etc.
g. Coordinate trimming around base of shrubs/trees with the Contract Administrator.
h. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.
i. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.
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38 j. After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters.
k. Weeds hall be controlled and not allowed to reach two inches (2”) in height. Remove weeds by chemical or mechanical means as approved by the Contract Administrator.
3. Ground Cover Irrigation: All ground cover areas shall be adequately irrigated to maintain a healthy and attractive appearance. Irrigation run-off and overspray shall be minimized.
4. Ground Cover Fertilization:
a. The ground cover shall be fertilized one (1) time per year to provide a healthy and vigorously growing ground cover with horticulturally acceptable growth and appearance, as determined by the Airport. b. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1- 1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet. c. Contractor shall immediately irrigate after each fertilizer application. d. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.
e. Contractor shall notify the Airport, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
1. Location and exact date the fertilizer application will be performed.
2. Type of fertilizer and method of application to be used.
L. Disease and Pest Control
1. Contractor shall monitor and provide disease and pest control on a weekly basis, as follows:
a. Contractor shall practice Integrated Pest Management. This shall involve common-sense practices that use environmentally acceptable methods of pest control with the least possible hazard to the public, Airport property, and the environment. Practices shall combine the use of current information on pest life cycles, exclusion, natural enemies, and host resistance.
b. Contractor shall provide complete control of all plant pests and/ or diseases.
c. The Contractor shall obtain all necessary licenses and permits to comply with City, County, State and Federal regulations or laws. d. Contractor will assume responsibility and liability for the use of all chemical controls.
e. Pest and disease shall include, but shall not be limited to all insects, mites, other vertebrates, and invertebrates including pocket gophers and squirrels, pathogens and nematodes.
f. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code.
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39 g. All areas of the landscape shall be inspected for infestations of 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.
h. Contractor shall identify the cause of plant injury and consult a Pest Control Advisor before application of chemical treatments. i. Cultural preventive methods shall begin before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. New plant growth shall be monitored for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. A 10-power magnifying glass is helpful for identifying mites.
Evidence of ant activity may be seen in soil, along walks, and trunks of shrubs and trees.
j. Adult beetles shall be controlled before they lay eggs on bark in the spring. Ongoing 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.
l. Contractor shall prevent the spread of disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut. m. Weeds must be removed upon appearance. Selective post-emergent herbicides shall be used to kill weeds without permanent injury to other plants.
n. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration.
o. Grass weeds in lawns shall be controlled with selective post-emergent herbicides.
p. Creeping grasses shall be kept out of shrubs and groundcovers. q. Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor’s expense. All replacements must be made within 7 calendar days after receiving notice from the Airport.
r. Contractor shall be responsible for controlling weeds in the cracks and expansion joints of hardscape areas that are contiguous to maintained areas. Weed control in hardscape includes, but is not limited to, curb and gutter areas, sidewalks, sport courts, trails, parking lots, etc.
2. Application
a. Airport shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Contract Administrator. Material Use Reports for all pesticides shall be fil ed with the Airport no later than the 10th day of every month for the preceding month.
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40 b. Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors. Early morning application shall be used when possible, to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid applications prior to inclement weather, to eliminate potential runoff in treated areas. c. 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 the area is capable of absorbing without excessive runoff.
d. 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.
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.
e. Spray equipment shall be in good operating condition, quality, and design to efficiently apply materials to the target area. Spray drift from pesticide applications shall be minimized.
f. Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Contract Administrator. g. There shall be no application of a pesticide without written permission from the Airport.
h. There shall be no pesticides sprayed in the Monarch Butterfly Waystation located at the Animal Shelter.
3. Certification of Materials:
a. All materials shall be transported to the site in original containers.
Materials shall be subject to inspection by the Contract Administrator. b. The State of California Agricultural Code requires that pesticides and/or chemicals may be used only after a written recommendation by a State of California Licensed Pest Control Advisor is obtained, with a copy forwarded to the Contract Administrator prior to chemical usage. These recommendations shall be updated on a yearly basis. A recommendation consists of all the information the applicator should know for accurate and safe usage. The recommendation must be time and site specific. c. If a Restricted Use Pesticide is recommended, a use permit issued by the County of Riverside Agricultural Commissioner must be provided to the Airport.
d. All pesticides shall be applied only by an operator possessing a California state issued Qualified Applicator’s License or a Qualified Applicator’s Certificate.
M. Green Waste Disposal
1. Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips and other garden organic materials.
(BB&K 2024)
41 2. Contractor shall be responsible for recycling all green waste generated from their contract performance.
3. Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled.
4. Contractor shall deliver all green waste to a Airport approved reclamation site, for the purposes of recycling. Approved reclamation sites are:
a. California Valley Compost Facility – 87011 Landfill Road, Coachella. b. So Cal Recycling – 29250 Rio Del Sol, Thousand Palms
5. Contractor shall submit a monthly report identifying the weight and/or volume of green waste recycled during the preceding month. Payment of maintenance invoice will not be made until green waste monthly report is completed and received by the Airport.
6. 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. (Failure to remove and dispose of debris shall result in a liquidated damages charge of $100 to be deducted from the Contractor’s payment.)
7. All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. (Failure to separate and dispose of debris appropriately shall result in a liquidated damages charge of $100 to be deducted from the Contractor’s payment.)
N. General Clean-up
1. Litter / Debris Removal. All areas in the work sites shall be kept free of, but not limited to, the following items: bottles, glass, cans, paper, cardboard, metallic items, and other debris. In addition, dog feces are also to be removed from the walkways, turf or ground cover areas. Contractor shall promptly remove from the work area, all debris generated by their performance.
2. Policing of Areas. The Contractor shall ensure the maintained areas of all Airport zones are policed and have trash removed by 9:00 AM daily.
3. Curb and Gutter Maintenance. The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area. The Contractor is responsible to ensure the roadway is cleared of all dirt and debris within four (4) feet of the curb and gutter in all areas adjacent to maintenance responsibilities.
4. Walkway Maintenance. Walkways shall be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment as per the schedule. This includes removal of all foreign objects from surfaces such as gum, glass, dog feces, and grease. All walkway cracks and expansion joints shall be always maintained weed and grass free. NOTE:
THE AIRPORT AND CITY HAS PROHIBITED THE USE OF GASOLINE
LEAF BLOWERS, THE CONTRACTOR SHALL ONLY USE ELECTRIC AND BATTERY POWERED LEAF BLOWERS.
(BB&K 2024)
42 5. Drain Maintenance. All drains and catch basins shall be always kept free of siltation and debris. All v-ditches and drainage areas shall be kept clean and edged regularly by the Contractor.
6. Removal of Leaves. Accumulation of leaves shall be removed as required.
7. Removal of Damaged Plant Material. All dead, damaged, declining, hazardous or broken plant material (Trees, shrubs, palm fronts, palm husks vines, ground cover, turf), whether a result of the Contractor negligence, or an Act of God shall be removed by the Contractor at no additional cost to the Airport.
8. All trash, litter and debris shall be removed and disposed of daily and as requested by the Contract Administrator.
9. Contractor shall be responsible for the upkeep and cleanliness of the Airport’s onsite trash enclosures. This includes removal and disposal of illegally dumped debris inside of and around the exterior of the enclosures whenever scheduled services are provi ded, and when requested by the Contract Administrator. Any hazardous materials found in the trash enclosures must be left in place and reported immediately to the Contract Administrator.
10. Trash cans shall be emptied, and liners replaced daily. Trash cans shall be cleaned inside and out at least twice per week. All lids and Airport logos must be wiped clean at time of services or as requested by the Contract Administrator. The Airport reserves the right to relocate, add or delete trash cans within the various Airport facilities, at its discretion, and the Contractor shall adjust its services accordingly.
11. Trash can liners shall be replaced at the time of service. Contractor shall provide liners at the Contractor’s expense. Liner size shall be no smaller than 36” by 58”. Liner thickness shall be no less than 1.5 mil.
12. All sidewalks, trails, pathways, and hardscape areas contiguous to Airport landscape areas shall be swept, cleaned or hosed down daily, if necessary, to remove glass, sand/dirt, leaves, pine needles or any other debris that is hazardous to foot traffic or the intended use of the area.
O. Lighting Inspection
1. All security lighting and monument lighting systems shall be inspected for vandalism, safety hazards, and serviceability on a monthly basis.
Deficiencies shall be reported in writing immediately to the Contract Administrator.
P. Drinking Fountain Maintenance
1. All drinking fountains shall be inspected weekly and always kept clean and operational.
2. Every instance of damage, leaks, non-operation, etc., shall be reported to the Contract Administrator.
Q. Graffiti Removal
1. Contractor shall monitor daily for graffiti and promptly remove all graffiti as directed by the Airport. Graffiti eradication and control shall include all
(BB&K 2024)
43 surfaces within each designated maintenance area and may include, but not be limited to, the following areas:
2. All materials and processes used in graffiti eradication shall be not injure surfaces or adjacent property and be approved by CAL-OSHA.
3. Appropriate surface preparation shall be made on painted walls and paint applied shall be the exact shade of color as existing paint, unless otherwise specifically approved by the Contract Administrator.
4. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted unless instructed to do so. Contractor shall use materials and methods of application as provided and approved by the Contract Administrator.
5. Contractor shall not be required to sandblast walls or walkways but may be required to pressure wash surfaces.
6. Contractor shall immediately always remove all graffiti during the days and hours of operation when observed or within 24 hours when notified by the Contract Administrator
R. Liquidated Damages
1. Time is of the essence in the completion of the scope of service and associated tasks required by the Contract Documents. Each maintenance task or maintenance services is associated with a frequency of occurrence. These frequencies identified are as follows:
FREQUENCY ALLOTTED COMPLETION TIME
“A” Completed Daily, before 9:00 a.m.
“B” Completed Daily, before the close of business
“C” Completed Daily, before the close of business –
Monday through Friday Only
“D” Completed Twice weekly
“E” Completed Weekly before close of business on
Friday
“F” Completed Bi-weekly or 2x a month
“G” Completed Monthly or 12 times a year
“H” Completed Bi-monthly or six times a year
“I” Completed Quarterly or four times a year
“J” Completed Bi-annually or two times a year
“K” Completed annually
“L” As required
a. Tasks A through E are considered “regular” maintenance services. b. Tasks F through H are considered “periodic” maintenance services.
(BB&K 2024)
44 c. Tasks I though L are considered “occasional” maintenance services.
2. If an individual task is not performed correctly or within required timelines, Contractor shall be considered to be in default. Once considered in default, liquidated damages may be assessed against Contractor on a per -task, site- specific location basis until the default is corrected. The assessment shall be:
a. Fifty Dollars ($50) per occurrence for regular tasks; b. Two Hundred Fifty Dollars ($250) per occurrence for periodic tasks; and
c. Two Thousand Five Hundred Dollars ($2,500) per occurrence for occasional tasks.
3. The Airport may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
4.3 Schedule:
A. Contractor shall begin work and shall proceed with all reasonable dispatch to completion. The Contractor will be required to maintain all areas in accordance with the contract documents. Work must be completed in consecutive days.
Inclement weather may res ult in the cancellation of certain landscape maintenance services only if the Airport Contract Manager or designee determines that there was insufficient time available for the services described to be performed.
B. The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 AM and 3:30 PM, daily (or as otherwise required), for the Fall/Spring months (November through April), and between the hours of 6:00 AM and 2:30 PM, daily (or as otherwise required), for the Summer/Fall months (May through October). Exceptions may be made to normal working hours, where incidences of use may be too great during the hours specified to allow for proper maintenance. The Airpor t may grant, on an individual basis, permission to perform contract maintenance at other hours. No maintenance functions that generate excess noise which would cause annoyance to residents of any area shall be commenced before 8:00 AM. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract.
C. The Contractor shall submit a weekly detailed job schedule, time sheet, names and titles of all persons working on the project within ten (10) days after the start of the maintenance contract. Materials and/or chemicals to be used on any site shall be appr oved by the Airport or their representative. The Airport shall be notified within five (5) working days of any deviation from this schedule or material usage.
D. The Contractor shall maintain and keep current a report form that records all on- going, seasonal, and additional work maintenance functions performed daily by the Contractor’s personnel. Said report shall be in a form and content acceptable to the Airport and shall be submitted to the Airport upon request.
E. The Airport has the authority to cancel scheduled mowing cycles on a week to week basis. The cancellation will be based upon need and prevailing weather conditions.
(BB&K 2024)
45 4.4 Compensation:
A. Work will be compensated on a monthly basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the work completed for the previous month with a detailed progress report by line itemed by each zones is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document to: [email protected]
B. Annual Allowance Included in Contract Price: Included in the Contractor’s bid price and the Contract Price is an annual allowance of Twenty -Five Thousand Dollars ($25,000) (the “Irrigation Parts Allowance”) for the cost of additional irrigation system parts required due to Normal Wear and Tear, Theft, and/or Vandalism (collectively, “Covered Causes”).
(BB&K 2024)
46 Appendix “A”
Palm Springs International Airport Information
(BB&K 2024)
47 (BB&K 2024)
48 (BB&K 2024)
49 (BB&K 2024)
50 (BB&K 2024)
51 (BB&K 2024)
52 (BB&K 2024)
53 (BB&K 2024)
54 (BB&K 2024)
55 (BB&K 2024)
56 (BB&K 2024)
57 (BB&K 2024)
58 (BB&K 2024)
59 (BB&K 2024)
60 (BB&K 2024)
61 (BB&K 2024)
62 (BB&K 2024)
63 (BB&K 2024)
64 Zone 18 – Accelerator Campus
Location: 2901 E Alejo Road
Total Area: 2.75 Acres
Trees: 10 Trees and 6 Palm Tress
Hardscape: 12,459 square feet w/boxwood shrubs and fountain grass Desertscape: 0 square feet
Parking lot: 107,331 square feet
(BB&K 2024)
65 (BB&K 2024)
66 (BB&K 2024)
67 (BB&K 2024)
68 EXHIBIT “B”
SCHEDULE OF COMPENSATION
(BB&K 2024)
69 (BB&K 2024)
70 (BB&K 2024)
71 EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
(BB&K 2024)
72 EXHIBIT “D”
PAYMENT AND PERFORMANCE BONDS
(BB&K 2024)
73 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated her ein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfull y fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total
(BB&K 2024)
74 amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount pr eviously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
(BB&K 2024)
75 THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
(BB&K 2024)
76 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s ), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
(BB&K 2024)
77 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, 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 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original
(BB&K 2024)
78 contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
(BB&K 2024)
79 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s
), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above