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2200 - True Green Landcare - Landscape Maintenance ServicesCITY OF ROSEMEAD LANDSCAPE MAINTENANCE SERVICE AGREEMENT (LANDCARE) AMENDMENT#2 The Agreement that was made and entered into on the 1st day of July, 2017 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Boulevard, Rosemead, CA 91770 and LandCare with its principal place of business at 4134 Temple City Boulevard, EI Monte, CA 91770, is hereby extended from the period of July 1, 2017 through July 31, 2017. All existing provisions of the original agreement and previous extension remain in effect. Signed: CITY OF ROSEMEAD LANDCARE ZLI Bill R. Manis Date on Cully Date City Manager Region Manager CITY OF ROSEMEAD LANDSCAPE MAINTENANCE SERVICES AGREEMENT LANDCARE AMENDMENT#1 The Agreement that was made and entered into on the 1st day of April, 2017 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Boulevard, Rosemead, CA 91770 and LandCare with its principal place of business at 4134 Temple City Blvd, EI Monte, CA 91770, is hereby extended from the period of April 1 st, 2017 through June 30'", 2017. All existing provisions of the original agreement, and previous extension of the period February 8", 2013 through March 31s�, 2017, shall remain intact. Signed: CITY OF ROSEMEAD LANDCARE By: IJ:9lA Z By Bill R. Manis Date Don Cully Date City Manager District Manager ACORO° CERTIFICATE OF LIABILITY INSURANCE 4/292015 DATE (MWDOAvvrl 4/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyNes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorserm nqs). RR000CEN Lockton Insurance Brokers, LLC OMI Csa 725 S. Figueroa Street, 35th PI- CA license k l 001 CAA900❑ ac No E MNL D.S. 21A6geles /v3) 689-0065 t IXSURERa AFFORDING LOVERAOE HNC• V GL04]8359303on INSURER ^,Zurich American Insurance Company16535 INSURED TNGMRn I.ardCarc LLC 339932 9416 Doctor Item Rd. INSURERS, INSURFRC_ INSURER 0 a IJUn19'11C IVID 217J4 INSURER E INSURER F: COVERAGES TRDLADI CERTIFICATE NUMBER: 11239448 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CL11MS. INER LAR TYPE OF INSURANCE O SVBR MAND POLICY DM POOBER LIC'EFF POLICDFYYYrn NMIDOY EXP MITS X COMMERCNLGENERALLW LT' V V GL04]8359303on 4/29;2014 4/29/2015 AMACEr'(1' Eo PREMI6E6(Ee oxureenwl 61DBfi DfiB CIIJMSMAOE �OCCVR MEO EXP M PERSONAL a AOV INJURY E 1000,000 GEN L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE 5 10,000,000 POTOv ❑ JEOT �. LOC E 2000,000 $ OTHER' A • OBILE LIABILITY AUTOMOBILE Y Y RAP 478359403 4129,2014 489/2015 (E—dav0 $ i BODILY INJURYFEIFI $ XXXXXXX X AUL 0I SCHEDULEDBODhV ATOS AUTOS INJVRV Pee accOeml $ XXXXXXX PROPERttOAMAGE S ZL•XiL•XXXX ED AVTO RONDSWNED $XXXXXXX UMBRELLA we _ OCCUR NOTAPPLICABLC FACT ocCURRENCF 5 XXXXXXX E%CESSLAB GAIMSMADE AGGREGATE $ xxxxxxx DED RETENTIONS 5 xxxxxxx A AND EMPLOYERS COMPENSATION YIN Y WP 47835920/ 4"9/2014 4,'91+ .015 T - X SiaruiE ER L EACH ACGIDENi 5 000000 ETUOr'/MEMBER ITOE%OLLDEDp ECV11VE K1 IA EL. DISEASE-EAEMPWYE $1,000000 (IMIRSrylnNHl DrI Hea�ba ander ONsb.Ia. E L DISEASE POLICY LIMIT IS 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES NECOND 01 es. Ram cHa I ay e N o • .N I MISS IaMOam. 1.1 C-Hmncb 6245. City ofis-s—TS, dcdcd uraRpmSNd AMWD oR[iels, employees, a6eves nd YolunaeO--raded ovdeT It, General Liebi iq Roley p[raea UP! CG20100701 CCT17 0104 and. 1.1a1,JR1 U1A, ,0 fWP1Yl U,I'ti 1y —,--1 o, vh,I.emvlb....... bJRIOIT,ai—lamlLL¢if ,ANblwvnen J.J.U. ks rvf 5obmgaeioo cppliceeo eM1CGmml Liabll'uy. Avmmobile Llabillry avtl\vvrkers Compensanvv lwluies lGequired by wrinenwmma xAM1 Ci v Nf Rpamad Gcnmal Liffii4F 1, PIT, and Non -...N1 by Sf,ii-d by —, mmwL Si¢ID:6245 iemead SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Valley Boulevard CA 91770 GSA _ w riehts reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Additional Insured - Automatic - Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pol. Exp. Date of Eff. Date of End. Producer Adi Return POI. No. Prem. Prem. GLO 4783593 03 4/29/2014 4/29/2015 4/29/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: TruGreen Landcare, L.L.C. A. Section It -Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work' as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 'Bodily injury', 'property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: U -GL -1175-C CW (07/10) Attachment Code: D464900 Conireate1D: 11239448 Page 1 of 2 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured maybe an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U.GL-1175-C CW (07110) Page 2 of 2 Attachment Code: D464900 Certificate 1D. I I?39448 WAIVER OF SUBROGATION (BLANKET) ENDORSEMENT ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of Endt. GLO 4783593 03 4/29/2014 4/29/2015 4/29/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ 11 CAREFULLY. This endorsement modifies insurance provided under the'. Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you arc required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Attachment Code. D464940 Certificate ID: 11239449 POLICY NUMBER: BAP 4783594 03 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds' under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 4/29/2014 Named Insured: Tru Green LandCare, L.L.C. SCHEDULE Name of Persons) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page 1 o 1 Attachment Code D464942 Cemfo,.te ID: 11239448 ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To US Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of Endt. BAP 4783594 03 4/29/2014 4/29/2015 4/29/2014 This endorsement is issued by the company named in the Declarations. It changes the policy on the effective dated listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured TruGreen LanclCare, L.L.C. 9416 Doctor Perry Rd. Ijamsville, MD 21754 This endorsement modifies insurance provided under the Business Auto Coverage From Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: BLANKET -AS REQUIRED BY WRITTEN CONTRACT We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident' or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. U -CA -320-B CA (4/94) Page 1 of 1 Attachment Code: D464950 Ccrtificate1D: 11239446 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule WHERE REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insured: TruGreen LandCare, L.L.C. Policy No: WC 4783592 03 Insurance Company: Zurich American Insurance Company Attachment Code: D464968 Cemficatc ID: 11239448 PROFESSIONAL SERVICES AGREEMENT LANDSCAPE MAINTENANCE SERVICES (TRUGREEN LANDCARE) d.rY c�Rl yo - 2,�,tq C50014 1. PARTIES AND DATE. This Agreement is made and entered into this 2az a of 20 t (Effective Date) by and between the City of Rosemead, a municipal organi ation organized underthe laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City') and TruGreen Landcare with its principal place of business at 4134 Temple City Boulevard, Rosemead, CA 91770 ("Contractor"). City and Contractor are sometimes individually referred to herein as 'Party" and collectively as "Parties" 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing landscape maintenance services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such landscape maintenance services on an annual maintenance services basis, also referred to as "Services" as set forth in this Agreement. 3. TERMS 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional landscape maintenance services necessary for the Project, herein referred to as "Services'. The Services are more TRUGREEN LANDCARE Page 2 of 10 particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term: The term of this Agreement shall be from the Effective Date shown above to March 31, 2017 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this agreement in the form of two one-year intervals. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor: The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the TRUGREENLANDCARE Page 3 of 10 Project by the Contractor at the request of the City. 3.2.5 City's Representative: The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative: Contractor will designate a designee to act as its representative for the performance of this Agreement ("Contractor's Representative'). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. TRUGREENLANUCARE Page 4 of 10 3.2.10 Insu rance: Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries, and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Two Hundred Thirty -Six Thousand Four Hundred Sixty Dollars ($236,460.00) per fiscal year. Extra Work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment and Compensation: Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the startof the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means anywork which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance' projects. If the Services are being performed as part of an TRUGREENLANDCARE Page 5 of 10 applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Contractorto provide all finished or unfinished Documents/ Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties atthe following address, or at such other address as the respective parties may provide in writing for this purpose: TRUGREEN LANUCARE Page 6 of 10 CONTRACTOR: TruGreen Landcare 4134 Temple City Boulevard Rosemead, CA 91770 Attn: Joe Espinoza, Branch Manager Phone: (626)377-9748 CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Chris Marcarello, Director of Public Works Phone: (626) 569-2150 Fax: (626)307-9218 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity TRUGREENLANDCARE Page 7 of 10 pertaining to the Services orthe Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, and Contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expert witness fees, and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy anyjudgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official's officers, employees, agents, or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5. 10 City's Right to Employ Other Contractors: City reserves right to employ other Contractors in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. TRUGREENLANDCARE Page 8 of 10 3.5.12 Assignment or Transfer: Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References, Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicitor secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees orsubContractors to file, a Statement of Economic Interest with the City's Filing Officer as required understate law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Contractor represents that it is an equal opportunity employer and it shall not d incriminate against any subcontractor, employee TRUGREENLANDCARE Page 9 of 10 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Contractor certifiesthat it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without priorwritten approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] TRUGREENLANDCARE Page 10 of 10 CITY OF ROSEMEAD By; 4"S �l l Jeff Ofired,City, Mana er at Attest: Gloria Molleda, City Clerk Dat Approved as to Form: Rach Ichm Date City Atforney TRUGREEN LANDCARE sy: 1 Date �(OC.. ��l� I N OZ✓� Title: �A'Ocq-- [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 Name: Title: Date TRUGREEN LANDCARE EXHIBIT A SCOPE OF SERVICES SEE REQUEST FOR PROPOSAL (RFP) AND CONTRACTOR'S PROPOSAL F-Im ATTACHMENT A Annual Park Maintenance Total: $ 171,780.00 Annual Street/Open Space Maintenance Total: $ 64,680.00 Annual Contract Total: $ 236,460.00 Parks/ Facilities/ Roadways Maintenance Locations Parks P Address Approx. Acreage Annual Cost 1 Angelus Park 2200 Block of Angelus Ave. 0.25 960.00 2 Ellis Park 3900 Block of Ellis Ln. 0.35 1,320.00 3 Garvey Community Center 9108 Garvey Ave. 1.0 3,840.00 14 Garvey Park 7900 Block of Emerson PI. 7 0 26,760.00 5 Guess Park 8555 E. Mission Dr. 0.35 1,320.00 6 Klingerman Park 8800 Klingerman Ave. 0.75 2,880.00 _7 Olney Park 8600 Block of Olney St. 0.35 1,320.00 8 Rosemead Community Center Park 3936 N. Muscatel Ave. 1.0 3,840.00 -9-Rosemead Park 9100 Block of Mission Dr. 18.0 68,400.00 10 Sally Tanner Park 8343 E. Mission Drive 1.0 3,840.00 11 Jess Gonzales Sports Complex 8471 Klingerman Ave. 3.5 13,200.00 12 Triangle Park 800 Block of San Gabriel Blvd. 0.75 2,880.00 13 Zapopan Park 3000 Block of Angelus Ave. 6.0 22,920.00 14 Jay Imperial Park San Gabriel Blvd/Pine Avenue, SCE Transmission Corridor 5.5 18,300.00 Facilities/ Streets From -To Limits/ Address Annual Cost 1 City Hall Exterior Landscaping 6,030.00 2 County Library (Next to City Hall) Exterior Landscaping 6,030.00 _3 Dinsmoor House 9632 Steel St. - Exterior Landscaping 1,920.00 4 Garvey Blvd. — Medians & Parkways New Ave. to Rio Hondo Bridge and Sidewalk Cleaning 4,440.00 5 Marshal St. — Medians 1 00'West of Rosemead BI. to Hart Ave. 780.00 6 Rosemead Blvd. — Medians 10 Fwy to North City Limit 780.00 7 Rush St.- Medians & Parkways and Walnut Grove Ave. to San Gabriel Blvd. Sidewalk Cleaning 3,840.00 8 San Gabriel Blvd. — Parkways and Hellman Ave. to Rush St. Sidewalk Cleaning 12,000.00 9 Valley Blvd. — Parkways and Charlotte Ave. to Strang Ave. Sidewalk Cleaning 15,000.00 10 Walnut Grove Ave. East Slopes East side of Walnut Grove Ave on both hillsides of Interstate 10 Freeway 5,760.00 11 Walnut Grove Ave. West Slopes West side of Walnut Grove Ave on both hillsides of Interstate 10 Freeway 1,050.00 12 Rosemead Blvd Slopes West and East sides of Rosemead Blvd, north of Interstate 10 Fwy 1,050.00 13 Del Mar Ave Slopes West and East sides of Del Mar Ave, south of Interstate 10 Fwy 1,050.00 14 San Gabriel Blvd Slopes West and East sides of San Gabriel Blvd, south of Interstate 10 Fwy 1,050.00 15 Walnut Grove Ave — Medians Hellman Ave to Marshall St 780.00 16 Walnut Grove Ave —Medians Marshall St to Valley Blvd 780.00 17 San Gabriel Blvd — Medians West City Limit to State Route 60 Freeway 780.00 18 Towne Center Drive— Medians San Gabriel Blvd to Montebello Blvd 780.00 19 Montebello Blvd — Medians Towne Center Dr to South City Limit 780.00 ✓ Six (6) Crew Members Minimum with Added Scope. Currently at Five (5) ✓ Turf Mowing and Edging ✓ Includes regular shrub pruning, shearing or hand pruning where best utilized ✓ Fertilizer applications for turf and shrub areas as needed for health and appearance ✓ Wecd control may involve a combination of chemical and manual means ✓ Clearance pruning of trees or to 15' for vehicle and pedestrian clearance. ✓ Irrigation adjustments, adjustment of controllers, turning off during periods of rain. ✓ Monitor all planting areas for pests, rodents and disease and propose corrective actions ✓ Dispose and recycle all debris off site ✓ Landscape installation utilizing out "FmPlan design staff ✓ Certified Arborists overseeing out Arbor Care programs ✓ Minor landscape pest control applications ✓ Client feedback reporting tools ✓ Consultative enhancement design using digital renderings ✓ Account manager available by Smartphone and email ✓ Quality Audits using out quality control staff outside of normal crew ✓ Local branch support with 24-hour Emergency response ✓ Customized Business Plan to snap out short and long temp landscape goals for your property, which we call "TruPlan". LandCare Management Agreement o TOGREEN LandCare TruGreeu LandCare (hereinafter referred to as TGLC) will provide all tools, equipment, and materials: necessary to perform the specified work for the Owner or designated Owner's Representative (hereinafter referred to as `Owner). Turf Management Lawn Mowing a) For all turf areas, "PraGreen IandCare (TGLC) will inspect and police the grounds for litter and debris prior to each mowing and dispose of it. b) Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting. Mowing height for all irrigated lawn areas will be no less than 11/2" and no more than 2'/2" for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Mowing equipment is to be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns. Edging & String Trimming a) All sidewalks attb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all notes, shrubs road signs, guard posts, utility poles, and other obstacles. Cleaning of Walks a) At the conclusion of each visit, walks adjacent to work areas will be blown dean. Shrub & Bed Maintenance Landscaped areas will be patrolled throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas. Planter beds will be groomed to promote an attractive and fresh appearance. Conercte swales (if applicable) are to be kept dear of miscellaneous dirt and debris. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis. Major pruning will be done following flowering or during plant's dormant season. Printing will be performed by TGLC staff that have been mined and demonstrate competency in proper printing techniques. Prune shrubbery and hedges at established "maintenance" height. b) Prune groundcover as required to "contain" perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces. c) Shearing of plants will occur, only where previous practice has been to shear, or as directed. d� Removal of leaves from and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance. LandCare Management Agreement TRUGREEN LandCare Arbor Care & Pruning All trees will be "skirted" as needed to allow for pedestrian and vehicle clearance. Remove lower branches of trees when in conflict with growth of plantings beneath. On trees that are over 12', only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement. All trees less than 12' total height will be pruned to remove weak, (lead, damaged, and diseased portions of the plant for natural growth development. a), Cots will be flush and clean, leaving no stubs or tearing of bark. Major penning will be done following flowering or during plant's dormant season. b) Penning will be performed by TGLC staff that have been trained and demonstrate competenry in proper pruning techniques. r) Monitor trees that are staked or guyed. Loosen and/or remove supports when appropriate to prevent girdling of the tank and encourage mot development for support. Fertilization TGLC will provide all labor and materials to fertilize lawn, shmbs, and ground cover to maintain proper nument levels and provide a consistent, healthy appearance Turf, shrub, and ground cover areas will be fertilized with specially formulated products including well balanced, slow-release fertilizers customized seasonally by TGLC. Fertilizer product will be selected based on plant type and season. Environmental W d& Pest Control Program All applications of herbicides or pesticides will be performed under the direction of a California Licensed & Certified Pest Control Specialist. All safety precautions will be taken in the Landing; and application of chemicals as stated on manufacturer's labels. Broadleaf turf weeds will be treated as needed in the spring and fall with applicable materials. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by the use of selective herbicides, including pre -emergent herbicides. al Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measures will be made b) Material Safety Data Sheets (b1SDS) for all chemicals used on site(s) are available from TGLC to clients in accordance with EPA and Off LA regulations. �) TGLC will comply, at all times with requirements for hazardous communications programs. Pest control specialists are trained and smpervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSFL1, and DPR regulations. Irrig;Lbian Equipment & Operation Schedule all irrigation controllers on project to maximize existing irrigation systems efficiency. Controller programs will be adjusted as determined by weather and plant requirements. Controllers will be shut off during periods of rain. Watering will be scheduled for night or early mornings unless instructed differea dy by owner or owner's representative. LandCare Management Agreement TRUGREEN LandCare Clean and adjust the sprinkler system to provide the best coverage possible from your existing system. Tum on each zone, monitor for leaks or nulfirncnoning parts, and adjust for proper spray arc and maximum system efficiency. Upon inspection, any accidental damage or vandalism caused by others shall be reported to .net promptly. Repair and/or replacement of any damaged or malfunctioning components beyond q'GLC's control will be submitted as an extra. Damage caused to the irrigation system by TGLC shall be repaired immediately and at no charge. General Conditions Owner is responsible for a0 costs associated to water. 'I''GLC will provide uniformed staff supervised by fully trained ,Supervisors and Area Managers. Radio, cellulae phone, and pager communications are in use during regular business hours and emergency after-hours communication is available. TGLC provides all payment of wages, workers' compensation insurance, social security tax, employment compensation tax, employer's Lability insurance, and all other requirements of federal, state, and local government. Licenses and proof of insurance are available on request. Contractor License: C-27 License — 970508 Inspection of site(s) will be made regularly and problems, if found, will be discussed by TGLC with the Owner. Written, comprehensive inspection reports will be provided, upon request. Debris generated by landscape activities will be removed from the site unless prior arrangements are made. Organic debris collected by TGLC is recycled and/or composted. Work Performed at an Additional Fee Extra work will need prior permission from the Owner. AL extra work will be billed at TGLC's standard hourly rate unless specifically noted in the • Trimming of trees over 12'm meal height • Treatment for rodents, snails, diseases, or pests on lawns, trees & shrubs, except as specified • Parking lot maintenance Tarkinglot sweeping, leaf pickup, litter pickup) • Aeration, scalping, or renovation of lawn areas • Connecting pre-existing conditions such as dead or dying plant material requiring remedial work • Cleattittg and/or repairing from acts of vandalism, natural disorders, or acts of God • Irrigation repairs Addendum The Addendum is for additional specifications, requ nanents, or provisions in addition to die standard LandCare Specifications above. Not used. List of Locations Currently Maintained: Parks Angelus Park Ellis Park Garvey Community Center Garvey Park Guess Park Klingc=an Park Olney Park Rosemead Community Center Park Rosemead Park Sally Tanner Park Jess Gonzales Sports Complex Triangle Park Zapopan Park Facilities /Sneers City hall County Library (Next to City Hall) Dimmer House Garvey Blvd — bfedians & Parkways and Sidewalk Cleaning Marshall Street — Median Rush Street— Medians & Parkways and Sidewalk Cleaning San Gabriel Blvd—Parkways and sidewalk cleaning Valley Blvd —Parkways and Sidewalk Cleaning Projected Projects and Start Dates: Immediate Del Mar Ave — South Side Slopes/Hillsides San Gabriel Blvd — South Side Slopes/Hillsides Walnut Grove Ave — South Side Slopes/Hillsides Rosemead Blvd— South Side Slopes/Flillsides Rosemead Blvd Medians Walnut Grove Medians September 1, 2014 %XWmat Grove Ave (Marshall Street to Valley) December 1, 2014 ]ay Imperial Park San Gabriel Blvd Medians (West City Llnnit to 6017W'Y) Towne Center Drive (San Gabriel Blvd to Montebello Blvd) Montebello Blvd (Towne Center Drive to South City Limit) LandCare Management Agreement TRUGREEN LandCare THIS AGREEMENT is entered into 2014 by and between TruGreen LandCare, a California general partnership, Incated at 41341'emple City Blvd Rosemead, CA 91770, hereafter refected to as the "Contractor," and City of Rosemead Public Works hereafter referred to as the Owner or designated Ow ter s Representative, hereinafter referred to as "Owner". 1'he parties wish to enter into an agreement to define the terms and conditions under which Contractor will provide landscape maintenance services to Owner. the parties hereby agree as follows: 1. Services. The Contractor agrees to perform the landscape management services in accordance with the "Landscape -Management Specifications and Client Addendum" attached to and incorporated into this Agreement, for the property of the Owner at 7933 Emerson Place Rosemead, CA 91770 (Service Locations listed on Addendum), hereinafter referred to as the "Property". 1 Stat[ Date: This Agreement shall commence on , 2014 and shall renew on an annual basis unless terminated by either party by providing dirty (30) days or more written notice prior to the end of the then current tern. 3. Consideration/Payment. a. In consideration for the Contractor's performance described herein, Owner agrees to pay Contractor the sum of LandCare Management Program Cost Current Monthly Maintenance Cost - $17,505. Per month Proposed Monthly Maintenance Cost with Additional Scope - $19,705. Per month b. Payments. Invoices will be sent on or about the 1st clay of each month for current month's services and payment shall be due upon receipt A late charge of 1.5% per month shall be charged on all amounts 30 days past due and a $20.00 fee will apply to any returned check. 4. Additional Services. Services performed and/or materials delivered, which are not specifically mentioned herein, or changes in the size or physical condition of the Property will be deemed `additional services'. Additional services will be billed separately and all payments are due upon receipt The performance of, and the payment for additional services are subject to all the terms and conditions of this Agreement. 5, Materials, Supplies, d Equipment. Contractor will ftuaish all materials, labor, supplies, and equipment necessary to perform the services specified. b. Lam. This Agreement shall be governed by the laws of the State of California with venue hr the same county where Connector's service location is based. 7, Minor Repairs. Contractor is authorized to perform op to $ worth of repairs not covered by this Agreemennvithout prior approval of Owner. (If left blank, itis understood that the value will be zero.) 8. Attorney's Fees. In the event of suit or action commenced to enforce the terms of the Agreement, the prevailing party shall be entified to reirebersernent of its reasonable expenses, attorney's fees and costs, including appeals. 9. Liabili Contractor is an independent contractor and the Owner assures no liability for injury to the Contractor or the Contractors agents or employees, unless such injury is caused by the Owner, the Owner's agents, servants, or cmployces. It is further understood that the Contractor is not Gable for any damage of any kind whatsoever that is not caused by the Contractor, its agents, or employees and Contractor shall not be responsible for any damages other than direct damages. This exclusioin includes, without liniltation, incidental, consequential, special and punitive choosers. LandCare Management Agreement TRUGREEN LandCare e..� 10. Insurance Contractor agrees to carry worker's compensation, comprehensive public liability, and automobile insurance in an ,mount or less than 11.020 11. Notification of Deficient Work. If Owner believes Connector is providing deficient work, Owner agrees to notify Contractor of deficiencies, in writing, within 10 clays of said occurrence. If written notice is not received by Contractor widen 10 days Owner knew or should have known of the deficiencies, Owner is deemed to have waived all claims to recover past payments and/or rights to withhold present or future payments due under dus Agreement. Upon a notification of deficient work, Contractor agrees to rectify such deficiencies within 14 days to the catent commercially reasonable. If cite Contractor corrects Are deficiencies in accordance with the schedule, it shall not forfeit any amwnts due under this Agreement. 12 Termination. It is agreed that either party may terminate this Agreement in the event of breach of this Agreement by giving thirty (30) days written notice of breach and at least fourteen (14) days to cure such breach. It is further agreed that Contractor may immediately cease performance without termination notice if Owner refuses or fails to pap Contractor according to the terms of this Agreement. 13. Assignment. Neither party may assign this Agreement without the others written consent and then only after thirty (30) days prior written notice. Should Owner assign this Agreement to a new Owner or entity, Contractor may require n approval of the credit wordiness of the new Owner and (u) written assumption by the new Owner of all terms of this Agreement Contractor may subcontract any portion of this :Agreement to a qualified third patty. 14. Agreements ConcemingEnil2loyees of a Path a. Agreements. During the term of this Agreement and for it period of one year thereafter neither parry will ,all upon any employee of the other party or persons who were employees of the other widen the then previous hvelve months, to employ, hire or otherwise interfere with the employment relationships of such employees, without the prior written approval of tite other party; nor will either party directly or indirectly, for itself or on behalf of or in connection with, any other persons, ruin, partnership, corporation, association or facility, solicit, hue, employ or take awry any such employee from the other party. The parties agree that this provision is for die protection of their respective legitimate business interests and is not intended to restrict the employment rights of individuals. b. Remedies for Breach. If either party breaches the above covenant, the offended party shall have the right, in addition to any other nights set forth herein, to apply to it court of competent jurisdiction for an injunction to restrain the offending patty from emplo}mhg such employee and for an order to enforce the terms of this section so breached, and the offending party shall be liable to the offended party for all reasonable attorneys' fees, costs and ecprnses inward by it to enforce the covenant. 15. Complete Agreement. This Agreement constitutes the entire Agreement of the parties. Both parties have read this Agreement and fully understand its contents. T.Greee, LandCare Client/Owner Name By: By. Name: Name: 'rite: Branch Manager Tide: Date: 12014 Date: TRUGREENLANDCARE EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subContractors or others involved in the Work. The scope of coverage provided is subject to approval of Cityfollowing receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1,000,000.00 per occurrence. 9K TRUGREEN LANCCARE Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed underthis agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are licensed carriers in the state of California and with an A. M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. MIN TRUGREEN LANDCARE 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates 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 certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. B-3 TRUGREENLANDCARE 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. 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 impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or MI TRUGREENLANDCARE Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. GW AC R ` CERTIFICATE OF LIABILITY INSURANCE 4/29,2015 04/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policyNeS) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condition. of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Locklon Insurance Brokers, LLC MAMT CT PHONE ue 725 S. Figueroa Street, 35th FL CA Lbecnse #OF 15767 Los Angeles CA 90017 (213)689-0065 MAIL ADDRESS: -_ INSURERS AFFORDING cgvERADE xArcx INSURERAZurich American Insurance Company 16535 WSUREn T.Grecn LanlCme, L, L 1339932 9416 Doctor Perry Rd. IxsuRER a_ IxsuRER c IxsuREa o, Ijamsville MD 21754 INSURER E'. O E%P (AnyoR1111) s 5000 INSVRER G' COVERAGES TRULA01 CERTIFICATE NUMBER' 11239448 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. aRTYPE R OF INSURANCE ADD eUaR POLICY NUMBER EFF MMNOYIWW POLICYYIBay LIMITS A X. COMMERCIALGENEMLLIABILT' OLAI .ADE Lxj..B Y Y GLD 478359303 4/29/2014 4/292015 DAMAGE TO RENTED PREMISES IE, nw s 1 000 DOO O E%P (AnyoR1111) s 5000 PEPsoRALa ADYWJUeY s 1,000,000 GEN' GENERAL AGGREGATES10000000 L AGGREGATE LIMIT APPLIES PER'. PIRELLI -CO NOR AEG POLICY C POT X] LOO S OTHER: A AUTOMOBILE LIABILITY Y Y BAP 478359403 4/292014 4/292015 IEaewmml E 5,000,000 BODILY IN IURY(Per person) 3 XXXXXXX XANY AUTO BODILY INJURY Por aeadonl ALL OWNED SCHEDULED AUTOS APERUTOO\YNEO PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUTOS $ XXXXXXX UMBRELLA UPS OCCUR NOT APPLICABLE. EACH OCCURRENCE $XXXXXXX AGGREGATE S xxxxxxx EXCESS WB CIAIMSMADE DED RETEmN $ xxxxxxx A COMPENSATION Was -ERS EMPLOYERS AND EMPLOYER5LIABILT' IS ANY PROPPIETUFF OFFICEIYMEMBER E%CL,EPA ELUTIVE O ManEabry In x01 NIA Y WC 478359203 4292014 4292015 X RANTE ER EL EACH AGO DENT 5 EL. DISEASE -EA EMPLOYE $ 1,000,000 EL. DISEASE -POLICY LIMIT 8 000000 /yea tlesttlOe antler J OE cxwnory of OPERATIONS Yom1 CRP o noxsr Loc IVExIa s 1 ROIBI ae R d s n a M nMn e a TmGrecn 1. JC LLC -BIT bM1 <S (Nof 0.0sc d IJ aPp dR nl pl g d'I IJJ d IcUeneealL Flry Porcypc hR—o10 J794end CCO,n.M w.A til L til npDlq M1 sp el b'F_ -: g ofb nortl,f Mh if "..on L I'll g'Li by WL f56La odNon 11G IL ti$ryA HII:ablryandNorkcrs Compcnsa(On Febp'.Ifq W! by urwnlnclwlL Cim oB cad (.cneml l: ab'I'ry 3Primazy mdF PLU'lln, CL,onedb mionln[t Site ID. 6245 11239448 City of Rosemead Attn: City Clerk 8838 East Valley Boulevaed Rosemead CA 91770 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACCORD Additional Insured - Automatic - Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pol. Exp. Date of Eff. Date of End. Producer Add1. Return Pol, No, Prem. Prem. GILD 4783593 03 4/29/2014 4/29/2015 4/29/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: TruGreen Landcare, L.L.C. A. Section II - Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work' as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage' or "personal and advertising injury' arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: U -GL -1175-C CW (07/10) Attaehmeot Code: D464900 Certificate 1D: 11239448 Page 1 of 2 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U -GL -1175-C CW (07110) Page 2 of 2 Attachment Code: D464900 Certificate Ili 11239448 WAIVER OF SUBROGATION (BLANKET) ENDORSEMENT ZURICH Policy No. Eff. Date of Pol. Exp. Dale of Pol. Eff. Date of Endt. GLO 4783593 03 4/29/2014 4/29/2015 4/29/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Par[ The following is added to the Transfer Of Rights Of Recovery .Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Attachment Code: D464940 Certificate ID: 11239448 POLICY NUMBER: BAP 4783594 03 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies persons) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 4/29/2014 Named Insured: TruGreen LandCare, L.L.C. SCHEDULE Name of Persons) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page 1of 1 Attachment Code: D464942 Certificate ID: 11239448 ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To US Policy No. Eff. Dale of Pal. Exp. Date of Pol. Eff. Date of Endt. BAP 4783594 03 4129/2014 4129/2015 4/29/2014 This endorsement is issued by the company named in the Declarations. It changes the policy on the effective dated listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured TruGreen LandCare, L.L.C. 9416 Doctor Perry Rd. Ijamsville, MD 21754 This endorsement modifies insurance provided under the Business Auto Coverage From Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: BLANKET - AS REQUIRED BY WRITTEN CONTRACT We waive any right of recovery we may have against the designated person or organization shown in the schedule because of payments we make for injury or damage caused by an "accident' or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The waiver applies only to the designated person or organization shown in the schedule. U -CA -320-B CA (4/94) Page 1 of 1 Attachment Code: D464950 Ccni6catc ID: 11239448 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule WHERE REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Insured: TruGreen LandCare, L.L.C. Policy No: WC 4783592 03 Insurance Company: Zurich American Insurance Company Attachment Code: D464968 Certificate ID: 11239448 AILP 4ci;z- CERTIFICATE OF LIABILITY INSURANCE 4129/2015 1 4/28/201TS UPON THE 4 THIS CERTUICERTIFICATE CDDES NOT UAFFIRMATIVELY EOR NEGAR OF IIIVELYI AMENOrEXTEND OR ALTER AND CONFERS -0 RICH COVERAGE AFFORRDED By TTIFICATE HE POLICIES EIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N Cha certifwate holtlar Iz an ADDITIONAL INSURED, the Pallcy0es) must ba endorsed. If SUBROGATION IS WAIVED, subject to the term. sad Mnd'Nions M Ne policy, 'or policies may require an endorsement A statement on this certiRrah does not can/er NOhts to Na certificate holder In lieu of such endorsement s). COMA IR..UC- LOCkwn Insurance Brokers. LLC vnoxE_- 725 S. Figueroa Sum, 35th FI, p¢, No. Est, CA Licmtm%OF 15767 ° — Los Angeles CA 90017 ,��(213)689-0065 M.0 T.G1R9 rm1 Lerma rC, L 1339932 9416 Doctor Perry Rd. Iprry vllic MD 21754 MAY 012014 DIES FICATE NUM BER: 1 MIYI REOUIRE�BOF L MAY PERTAIN, THE INSURANCE SUCH POLICES. LIMITS SHOWN Mf �.��......I POLICY is A X�, cORLrERCIu aFNeuL LuaMY I Y I Y I GIA 478359303 CrAIMSIMOE X OCCUR A PDucr,J SEs* LXJ Loc OT,iln MOBILE ILaWTY ANY ALT— SdEW LEn ALL OSNEO UTOS NON-0WNED HIRED AUTOS ,AUTOS ClAML , W. OCCUR I'Ana..e Atin: City Clcrk 9838 East Valley BUMICVetd Rosemead CA 91770 USA Y WC 478359203 4.R912013 14129,2015 IS SUBJECT TO ALL THE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (1014101) The ACORD name and logo are registered marks of ACORD Additional Insured -Automatic - Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pal. Exp. Date of ER. Date of End. Producer Addl. Return Pol. No. Prem. P.M. GLO 478359303 412MO14 4/29/2015 4129/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Tru Green Landcare, L.L.C. A. Section II - Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a writer contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury, "property damage" or "personal and advertising injury' covered under Section I - Coverage A - Bodily Injury And Property Damage Liability and Section 1- Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products -completed operations hazard", which Is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A. and B. above: I. We will not extend any insurance coverage to any additional Insured person or organization: a. That is net provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: U -GL -1175-C CW (07110) Auachmenr Code: D464900 Certificate ID: 11239448 Page 1 of 2 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by thisendorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured an which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or'suit . This provision does not apply to any policy In which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U -GL -1175-C CW (07110( Page 2 of 2 Attachment Code: D464900 Certificate ID: 1 1239448 WAIVER OF SUBROGATION (BLANKET) ENDORSEMENT ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of Endt. GLO 4783593 03 412912014 - 412912015 412912014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, in waive your rights of =every from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual now, Attachment Cade: D464940 Certificate ID: 11279448 POLICY NUMBER: BAP 4783594 03 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Endorsement Effective: 4/29/2014 Named Insured: TruGreen LandCare, L.L.C. SCHEDULE Name of Person(s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc. 1998 Page 1 o 7 Attachment Code: D464942 Certificate ID: 11239448 ZURICH Waiver Of Transfer Of Rights Of Recovery Against Others To US Exp, Date Of POI. Eff. Date of Endt. Policy No. Eff. Date of Pol. 4/29/2015 4/2912014 BAP 4763594 03 412912014 This endorsement is issued by the company named in the Declarations. It changes the policy on the effective dated listed above at the hour stated in the Declarations. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: TmGreen LandCare, L.L.C. 9416 Doctor Perry Rd. Ijamsville, MD 21754 This endorsement modifies insurance provided under me - Business Auto Coverage From Truckers Coverage Form Garage Coverage Form Motor Carrier Coverage Form SCHEDULE Name of Person or Organization: BLANKET - AS REQUIRED BY WRITTEN CONTRACT ,a may have ion wn in he We because off recovery A payments we make for injury ry or damage caused by anainst the designated person 'accident" otr 'losso resulting from the ownership, maintenance, or use of a covered "auto" for which a Waiver of Subrogation is applies required1nly tojunction with work n designated person ort organization you the clemgthetscheduleed n or organization. The waiver the U -CA -320-B CA (4194) Page 1 of 1 Anachmenl Code: U464950 Certificate ID: 11239446 WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE POLICY W (Ed. 3 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule WHERE REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (Th. information below is required only when this endorsement Ie 1 .... d.ubsequem to preparation of the policy.) Insured: TruGreen LandCare, L.L.C. Policy No: WC 4783592 03 Insurance Company: Zurich American Insurance Company Attachment Codc. D464968 Certificate 11) 11239448 CITY OF ROSEMEAD CONTRACT SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE (TRUGREEN LANDCARE) AMENDMENT1 The Agreement that was made and entered into on the 24th day of February, 2009 by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Boulevard, Rosemead, CA 91770 and TruGreen LandCare with its principal place of business at 1323 W. 130TH Street, Gardena, CA 90247, is hereby extended from the period of March 5, 2013 through February 28, 2014. All existing provisions of the original agreement and previous extension remain in effect. Signed: CITY OF ROSEMEAD By:q*ww kff Allred .. - City .- TRUGREENLANDCARE By: 2/11/13 Jo spin a Date a Acc:p oe CERTIFICATE OF LIABILITY INSURANCE161 now °a;n;ul^3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORLCEO REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the p.Iic,(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. oouCEN I Y,klon lmumcge Brokcrs LLC Xp NMICOIYYYYI F25 S Figueroa Sheet J5th FI, CALlc°nF sc SOF LOS Angcled CA 90017 (2131689-01 RECEIVED PHONENS E(.W�R .Eu IAK.xal' Mopxem WwRERS MFFoa°Na ceaFRACE It. INSURER A] Zurich American Insurance Cam lanv 16535 Cp"TruG-n xsuNEo lard( -T,. L. L.( MEAD 1339932 9416 DucrorPCY'Rd. APR 1%Z014 IxsuREea. INSURER(: INSURER ]llln5r'1C Vif)11 2175'1 I L INSURER E CITY CLERK,3 INSURER F: 1RLL.A01 TE NUMBER: 1123944K REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF ASITIL = ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH -HIS CERITICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SI:BJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INrq TIRE OF INSURANCE MOO S POLICY NUMBER EFF MM00M1YYY Xp NMICOIYYYYI LIMITS A COMMERCIAL GENERAL LwNILIFY X CLAIMS Y 1. IR Y Y IT 111-11511 C i"1 20 4 JI4 X,.;AC D E T 5 Loi ,IFO IF, IA", one UI 3 51100 CAL AAOYIN"i S 1.900.000 COLD nISUPS1ArS MI AEIL.1 R GEN'ERAI AGORECATE 5 CoUCY .11T X ca 0 77,7111. C —C. S 1000.000 A AUT0YOoLE uneluTY y Y BAP47A339402 4:9201:1 4'9'-014 ,Enacumml r t. S 5000nnn I V)YIYINLLFYPer9emmI $ XXXXXXX X AI,YAU IT Ead"YINJLRY Po aeLemll 5xxxxxxx Am FC ;Fop R 'o MAGL. S XXXXXXX .Amos T o SXXXXXXX UMBRELLAMAN OaT , NOT %PPI.ICABLE EACH L[<VEVENCE S XXXXXXX xxxxxxx E TIaNN ARILIIY MD ENY R O E S Yj A .PRFTORIPAR I YETEXEUTIVE -N 111111MEMEER EXOLWE+ �X Y A, Tn nH' I '9^.114 LLP X An -E Ea _ - 5 Onn n0U _ - ` S 1.000.000 Maznaa{o-YRe XN — OCDCLIPTIC, OFbOPEFATIONS oiimv nnn nnn DESCRINCON OF OPERATIONS LOCATIONS I VEHICLES ACORDIDI,Adoo,ral Re—SaSCNe]ule. may Ee aludleJ it more apxeIF requlreJ 1. 1—MLL H -LL Ban t y 11'Rain J' - UN IINLIA:11.1—.11ale"S ILL 111H. all HE Il 11 .1LIIY e cypa a'.'M1 1611110'ITS I III. IG'11 1.I1 N M1I FI yP P- II { II kPd edby III, , ;' 'J' vT Hp 'a G'c nil y.. lAV.rcm LO Paa uTol aT3 r.na Bann p,IRr d G11-1 IICII mY'1 a.Ao i 0.. n'9uu'Il1 .oar eea. Nil' IR. 614g CFRTIFIPATE MOI TER CANCELLATION SCO Attacho-e is 11239448 Clry Of Rosemead Aun, CITY Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE ACCORDAIRATION DATE THEREOF. NCEWTH THE POLICY PROVISIONS. WILL BE DELIVERED IN 8838 E.ns'I Valley Boulevard Ruscmcad CA 91770 USA AurxoR¢E NEP 170 IF 1888-201CACWD CORPORATION. All fights reserved. ACORD 25 (2014101) The ACORO name and logo are registered marks of ACORD Additional Insured - Automatic - Owners, Lessees Or Contractors ZURICH Policy No, Elf Date of Pol. Exp. Date of Eft. Date of End. Producer Add 1. Return Pot. No. Prem. Prem. GLO 4783593 02 4/29/2013 4129/2014 412912013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: TruGreen Landcare, L.L.C. A. Section II - Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section 1 - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured person or organization. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization. a. That is not provided to you in this policy: or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a. The Limits of Insurance provided to you in this policy', or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury""property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: U -GL -1175-C CW (07110) 4aachmzm Codc: D464900 Certificate 16. 1 1 '34448 Page 1 of 2 TRUGREEN LandCare­ March 5, 2013 John Scott Public Services Superintendent 7933 Emerson Place Rosemead, CA 91770 Re: Landscape Maintenance Agreement Dear Mr. Scott TruGreen LandCare would like to offer our current scope of services for the City of Rosemead with no changes to pricing or level of services. This offer is for the next fiscal year from February 2013 through February 2014. Please accept this letter as our official offer to pricing and services at their current thresholds. Feel free to contact me if have any questions. Branch #6354 is located at: 1323 West 130th Street Gardena, California 90247 Phone: 310/354-1520 Fax: 310/323-4780 E-mail address: Joe. Esoinoza(c)landcare.com Sincerely, Jo moza Branch Manager Pasadena - 6354 i1 t April 11, 2012 John Scott City of Rosemead 7933 Emerson Place Rosemead, CA 91770 9kuGreen LandCare 1323 West 130th Street Gardena, CA 90731 Office: 3103541520 R El 71C YOFROE 1hEAD V APR 16 2012 CITY CLERK'S OFFICE BY RE: City of Rosemead Contract Service Agreement for Landscape Maintenance Mr. Scott, We agree to continue working on the City Landscape Maintenance Agreement as currently in effect ( February 29/2012 to February 29, 2013) for a period of 1 year. If you have any questions, please contact me at 310-354-1520. Sincerely, John Heimann Branch Manager -6354 Cc: William Ornelas Tyler Dickinson 22(0 TRUGREEN LandCare' April 11, 2012 John Scott City of Rosemead 7933 Emerson Place Rosemead, CA 91770 RE: City of Rosemead Contract Service Agreement for Landscape Maintenance Mr. Scott, 7)ruGreenLandCare 1323 West 130th Street Gardena, CA 90731 Office: 310-354-1520 We agree to continue working on the City Landscape Maintenance Agreement as currently in effect ( February 29/2012 to February 29, 2013) for a period of 1 year. If you have any questions, please contact me at 310-354-1520. Sincerely, John Heimann Branch Manager -6354 Cc: William Ornelas Tyler Dickinson 2Z� TOGREEN LandCare 5/4/2011 Dear City of Rosemead : TruGreen LandCare Branch 6169 1367 N 9th St Upland, CA 91786 Office: 909-920-4308 Fax: 909-920-9377 As you may recall, last November ServiceMaster announced a decision to explore strategic options for the TruGreen LandCare brand. After an extensive search, the right partner has been found to acquire the business and help position us for sustained profitability and growth. ServiceMaster has entered into an agreement with Aurora Resurgence—a private investment firm based,in Los Angeles, California, to purchase the TruGreen LandCare operations. We expect the transaction to close by the end of April. We spent a great deal of time reviewing many potential buyers, and we believe that we have found the strongest partner to help TruGreen LandCare reach its full potential. Aurora Resurgence is focused on investing in businesses with strong competitive positions, compelling growth opportunities and outstanding management teams. TruGreen LandCare will have the resources required to successfully grow, and an ownership group and management team who are specifically focused on the success of this new standalone business. I want to assure you that we expect it to be business as usual for us. Since Aurora Resurgence focuses on supporting management teams, we expect very little, if any, change in the way we service your properties and the people you are used to seeing. Your current contract with TruGreen LandCare will continue following the acquisition. And you can count on the same quality and service you've come to expect from us. I'll share more information about our future business plans with Aurora Resurgence as they become available. Meanwhile, if you have any questions, please don't hesitate to e-mail your branch manager Jim Angel at Jim_Angel@landcare.com or call him at (909) 721-8227. Thanks again for your continued loyalty and confidence in TruGreen LandCare as we work to build a business that will continue to meet all of your commercial landscaping needs. Sincerely, Mac Mcllvried President TruGreen LandCare ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: FEBRUARY 10, 2009 SUBJECT: LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS, FACILITIES AND PUBLIC RIGHT-OF-WAY— AWARD CONTRACT SUMMARY At its December 16, 2008 meeting, the City Council approved specifications to solicit landscape maintenance services from qualified contractors. The existing contract for these services with Mariposa Horticultural Enterprises expired in June 2007 and the City has continued to work with Mariposa on a month-to-month basis. The services in this contract include turf mowing, turf edging, blowing, turf aeration, weed eradication, pest control and general cleanup for City parks, facilities and the public right-of-way. The City Council further authorized staff to seek proposals from a list of fifteen (15) qualified landscape maintenance providers. Request For Proposals (RFP) were solicited and on January 13, 2009, six (6) proposals were received. Staff reviewed the proposals for completeness, understanding of scope of work, methodology, experience and proposed cost. Staff Recommendation Staff recommends that the City Council authorize the City Manager to enter into a contract with TruGreen Landcare for. a fixed annual cost of $ 210,060 for the first three (3) years, with an annual option to renew for the following two (2) years. DISCUSSION The City of Rosemead currently has 15 parks and facilities locations available to the public. These locations fall into several categories, including: • Community centers and libraries (Garrey Community Center, Rosemead Community Center) • City facilities (City Hall, Dinsmoor House) • Sports field park sites (Sports Complex, Garvey Park) • Park sites (Rosemead Park, Zapopan Park, etc.) APPROVED FOR CITY COUNCIL AGENDA: 0 • ITEM EM 1\ ®> .-4D� CONTRACT SERVICE AGREEMENT FOR LANDSCAPE MAINTENANCE THIS AGREEMENT, entered into this 11"t -h day of V-7t'A0f0C V`, -j 20C_, ("Commencement Date") by and between the City of Rosemead , a Municipal Corporation ("City"), and TruGreen LandCare ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California. B. City desires to engage the Contractor to provide landscaping and maintenance services to the City. C. Contractor possesses the skills, experience, ability, background, certification and knowledge to provide the services described in this Agreement. D. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render landscape and maintenance services under the terms and conditions set forth in this Agreement. E. Contractor acknowledges that City has relied upon Contractor's representations and Contractor commits to faithfully perform the services required by this Agreement and in accordance with the terms and conditions of this Agreement. F. Contractor has examined the location of all proposed work; carefully reviewed and evaluated the specifications relative to the type, nature and frequency of work to be performed, is familiar with all conditions relevant to the performance of services, and has committed to perform all required work for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Landscape Maintenance Agreement Page 2 1. AGREEEMENT TERMS AND CONDITIONS Unless earlier terminated in accordance with Section 16 of tlus Agreement, the Term of this Agreement shall be for a period of three (3) years, with option for renewal for two (2) one- year periods, on a annual basis, based on the Contractor performance. The term shall commence within ten (10) working days of City Council approval, upon receipt and approval of all required bonds and insurance and final execution of the Agreement by both parties. After the initial three (3) year Agreement, the City has the option to renew the Agreement for two (2) one-year extensions, in one (1) year increment, upon the Contractor's consent. If the City chooses to extent the Agreement, a formal letter will be forwarded to the Contractor for approval and advising Contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended or terminated, the City will evaluate the performance of the Contractor and determine whether the Contractor's performance is satisfactory. In addition, the City reserves the right to terminate the Agreement at any time upon thirty (30) days written notice to the Contractor. In case of a dispute in the meaning of any clause within this Agreement, the City shall have the final authority in the interpretation of such clause, as long as it is reasonable. New additional landscape areas or irrigation maintenance needs, as developed or assumed by the City, may be added to the maintenance Agreement. Such additional scope of work will be considered change orders to the initial Agreement, and the value will be based on unit prices provided in Exhibit D, if applicable, and/or negotiated between the two parties of the Agreement. 2. SCOPE OF SERVICES A. In compliance with all terms and conditions of this Agreement; Contractor shall perform the landscape and maintenance services specifically described in, and in strict compliance with the requirements of Exhibit A (Scope of Work), which services may be referred to herein as the "services" or "work". The locations and addresses of the parks, facilities and streets are listed in Exhibit B. The services shall be performed at least as frequently as specified in Exhibit C (Maintenance Frequency Schedule). The City shall have the right to reasonably alter the frequency of maintenance as necessary to ensure highest industry standards of maintenance, as Iona as the total hours required performing the work remains the same. Maintenance of areas can be substituted at the request of City as long as the total hours required performing the work remains the same. Maintenance unit prices and costs are contained in Exhibit D (Unit Prices). Exhibit E is a copy of the Contractor's proposal and Request For Proposal and is hereby included as part of this Agreement. All of the Exhibits are considered to be a part of, and incorporated into, this Agreement by reference. 2 Landscape Maintenance Agreement Page 3 B. 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 services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For the purpose of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first- class firms performing similar work under similar circumstances. 3. WORKMANSHIP, SUPERVISION, EOUIPMENT AND MATERIAL A. The Contractor shall provide a workforce sufficient to perform the contract services. The Contractor shall comply with all state and federal laws and regulations. Contractor shall make any records related thereto available to the City within ten (10) days of receiving a written request for said records by the City. B. All contract services shall be performed by competent and experienced employees. All pesticide operations, where required, shall be performed by a California State Licensed Pest Control Operator through written recommendation by a California State Licensed Pest Control Advisor. Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. Contractor shall employ or retain, at its sole cost and expense, all professional and technical personnel necessary to properly perform contract services. C. The workforce shall include thoroughly skilled, experienced, and competent supervisor(s) who shall be responsible for adherence to the specifications. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be deemed delivered to the Contractor. The supervisor(s) assigned must be identified by name(s) to ensure coordination and continuity. D. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days notice from the City. E. All vehicles and equipment (mowers, etc.) used in conjunction with the work shall be in good working order and have appropriate safety guards. All vehicles shall bear the identification of the Contractor. F. Contractor shall provide an Operations Manager to coordinate work with the City Administrator and ensure satisfactory performance of contract services. Area supervisor(s) shall coordinate work crews on a daily basis to ensure compliance with the terms of this Agreement. 3 Landscape Maintenance Agreement Page 4 4. LICENSES FEES, PERMITS AND ASSESSMENTS The Contractor shall hold a valid and current California C-27 License and submit a copy thereof. The Contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The name and permit number will be supplied to the City at the beginning of contract, and any changes forwarded within twenty-four (24) hours of said change. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement: 5. FURTHER RESPONSIBILITIES OF PARTIES Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 6. COMPENSATION TO CONTRACTOR City shall pay Contractor the sum of $ 210.060.00 per year ("Contract Amount") to perform all the work and services contemplated by and described in Exhibits A through D, and the submitted Contractor's proposal and RFP (Exhibit E). Contractor shall submit invoices to City on a monthly.basis. City shall pay invoices within thirty (30) days after approval by the City. Payment shall be deemed made when deposited in the United States mail, first class postage pre -paid, and addressed to Contractor. Upon the third anniversary of the execution of the Agreement, after the initial three (3) year Agreement, the City has the option to renew the Agreement for two (2) one-year extensions, in one (1) year increment, upon the Contractor's consent. If the City chooses to extent the Agreement, a formal letter will be sent to the Contractor for approval and advising Contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended or terminated, the City will evaluate the performance of the Contractor and determine whether the Contractor's performance is satisfactory. Subsequent to the initial three-year contract, and if the option for renewal is exercised at the third and fourth anniversary effective date of the Agreement, the Agreement amount shall be adjusted in proportion to the change in the Consumer Price Index — All Urban Customers, Los Angeles, Riverside, Anaheim, at the time, subject to a 2.5% maximum increase per year. 7. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent Contractor basis and Contractor is not an agent or employee of the City. The manner and means of conducting 0 Landscape Maintenance Agreement Page 5 the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. 8. PROPERTY AND EQUIPMENT DAMAGE A. Contractor shall advise the City of any damage to City equipment or property immediately upon becoming aware of the damage. B. Contractor shall repair, at its sole cost and expense, any damage to City equipment or property caused by Contractor or its agents, employees, representatives or officers. C. Contractor shall, at its sole cost and expense, replace all plant materials (including shrubs, ground cover, mulch and bark) which require replacement due to the failure of Contractor to properly perform the services required by this Agreement or has been damaged by the acts of Contractor or its employees. Contractor shall replace plant materials damaged or destroyed by the acts of others only after the City Administrator approves a written estimate of the costs of replacement including materials and labor costs. 9. FAMILIARITY WITH WORK A. 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. Contractor warrants that Contractor has investigated the site and is fully acquainted with the conditions existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, 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. B. City and Contractor agree that City has made no representation regarding the order or condition of any area or location for which Contractor is to provide services or that the site or location of work will be free from defects, apparent or hidden, at the commencement of, or at any time during the term of this Agreement. 10. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, commissions, officers, agents and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind and nature 5 Landscape Maintenance Agreement Page 6 whatsoever which may arise from or in any manner related to any work performed or services provided under this Agreement. 11. INSURANCE AND PERFORMANCE BOND Prior to the commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability -insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City prior to commencement of services. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California and approved by the City. C. Coverage Requirements. i. Workers' Compensation Coveraee. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California; however, in no event shall the Employer's Liability Insurance be less than one million dollars ($1,000,000) per occurrence. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days to such change. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Endorsements. The general liability and automobile liability insurance policy shall be endorsed as follows: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work.performed by or on behalf of the Contractor. , This policy shall be considered primary insurance as respects to the City, its elected or appointed officers, officials, employees, agents G'. Landscape Maintenance Agreement Page 7 and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. V. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, agents and volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days of a written notice received by City. vii. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. viii. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. D. PERFORMANCE BOND Concurrently with execution of this Agreement, Contractor shall deliver to the City a performance bond in the sum of the amount of this Agreement, which secures the faithful performance of this Agreement. The bond shall contain the original notarized signature of an authorized officer of the surety, and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 12. PROHIBITION AGAINST TRANSFERS OR ASSIGNMENT Contractor may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of City. Any attempted or purported assignment without consent of City shall be null and void. Contractor acknowledges that these provisions relative to assignment are commercially reasonable and that Contractor does possess special skills, abilities, and personnel uniquely suited to the performance of contract services and any assignment of this Agreement to a third party, in whole or in part, could jeopardize the satisfactory performance of contract services. Contractor may not employ any subcontractors unless specifically authorized by City. 13. INCREASE OR DECREASE IN SCOPE OF WORK A. Contractor shall perform additional landscape maintenance services as requested by the City or its representative. The City may give verbal authorization for additional services up to $500. City shall provide Contractor with written authorization prior 7 Landscape Maintenance Agreement Page 8 to the performance of any additional services that exceed $500. Contractor shall be compensated for additional services in accordance with the unit prices specified in Exhibits D. B. City reserves the right to withdraw certain park or facility locations from the Scope of Work to be performed by Contractor pursuant to this Agreement. City shall notify Contractor in writing of its intent to do so at least thirty (30) days prior to the effective date of withdrawal of any location. In the event a location is withdrawn from the scope of services, compensation to Contractor shall be reduced in accordance with provided costs in Exhibits A through E. In the event the location is withdrawn for a period of less than a full one (1) year term, Contractor's compensation shall be reduced on a prorated basis. 14. LAB6R A. Contractor shall conform to all applicable provisions of State and Federal law including, applicable provisions of California Labor Code and the Federal Fair Labor Standards Act. B. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 15. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with this project. 16. TERMINATION/DEFAULT A. In the event Contractor fails or refuses to timely perform any of the provisions of this Agreement in the manner required or.if Contractor violates any provisions of this Agreement, Contractor shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and Contractor fails to give adequate assurance of due performance within two (2) working days after Contractor receives written notice of default.from City, City may terminate the Agreement forthwith by giving written notice. City may, in addition to the other remedies provided in this or authorized by law, terminate this agreement by giving written notice of termination. B. This agreement may be terminated without cause by City upon thirty (30) days written notice. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. The Contractor may only terminate the Agreement in the event of nonpayment by the City. In the event of nonpayment by the City, Contractor shall give the City thirty (30) days written notice thereof and the City shall have fifteen (15) working days to cure the alleged breach. E Landscape Maintenance Agreement Page 9 C. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City, the level of maintenance falls below appropriate landscape maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall have the right to retain, funds withheld until the City determines that contract services are performed as well and as frequently as required by this Agreement. 17. COST OF LITIGATION If any legal action is necessary to enforce any provision of this Agreement or for damages by reason for an alleged breach of any provisions of this Agreement, the parties agree that attorneys' fees shall not be recoverable by the prevailing party. 18. COMPLIANCE WITH THE LAW All services rendered hereunder by Contractor shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, State, Federal or local governmental agency having jurisdiction in effect at the time the services are rendered. The Contractor shall have in his/her possession and be familiar with all safety regulations issued by the State Division of Industrial Safety and shall comply with these and all other applicable laws, ordinances and regulations. The Contractor shall provide all safeguards and protective devices and take any other action necessary to protect the health and safety of their employees on the job, safety of City employees and the public.in connection with the performance of the work required by this Agreement. 19. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. In case of a dispute in the meaning of any clause within this Agreement, the City shall have the final authority in the interpretation of such clause, as long as it is reasonable. 20. AMENDMENTS/ CHANGE ORDERS This Agreement may be modified or amended only by a written document, an amendment or a change order, executed by both the City and the Contractor. 21. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 0 Landscape Maintenance Agreement Page 10 22. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a California court of law. 23. REQUEST FOR PROPOSAL (RFP) AND CONTRACTOR'S PROPOSAL The Request For Proposal, Specifications and contractor's proposal are hereby attached as Exhibit E and are made part of this Agreement document. 24. LIST OF EXHIBITS Exhibit A Scope of Work Exhibit B Parks/ Facilities/ Roadways Maintenance Locations Exhibit C Maintenance Frequency Schedule Exhibit D Unit Prices Exhibit E TruGreen Landcare Proposal and the Request For Proposal (RFP) 10 Landscape Maintenance Agreement Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. CITY OF ROSEMEAD A Municipal Corporation OLby(: Oliver Chi City Manager ATTEST: A C, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 11 TRUGREEN LANDCARE Reviewed and Accepted by Contractor: IM Landscape Maintenance Agreement Page 12 SCOPE OF WORK EXHIBIT A I. DESCRIPTION OF PROJECT Furnish all labor, equipment, materials, and supervision to perform landscape maintenance at City parks, public facilities, roadside medians and street parkways. The maintenance, as described herein, shall include, but not limited to, the following: 1. Mowing, Edging, blowing and aerating 2. Turf grass weed eradication and control both mechanically and with chemicals 3. Fertilizing — post and pre -emergent 4. General pest control 5. Removal of all grass clippings from site, if and when necessary, and as may be directed by the City. 6. Turf grass renovation 7: Rototill (8"-12" depth), rack and level play areas that have existing protective sand 8. Trash/ litter collection and removal (Monday - Friday) New additional landscape areas or irrigation maintenance needs, as developed or assumed by the City, may be added to the maintenance Agreement. Such additional scope of work will be considered change orders to the initial Agreement, and the value will be based on unit prices provided in Exhibit D, if applicable, and/or negotiated between the two parties of the contract. II. WORKING HOURS Normal working hours shall be within a ten-hour day between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No Saturday or, Sunday work is to be scheduled without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 7:00 a.m. nor after 5:00 p.m. III. LEVEL OF MAINTENANCE All work shall be performed in accordance with the highest maintenance standards, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper 12 Landscape Maintenance Agreement Page 13 maintenance of the sites. A minimum, sufficient and adequate number of manpower labor and supervision shall be provided on a day-to-day basis as part of this Agreement. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. IV. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Rosemead. There shall be a minimum of one weekly meeting between the Contractor and the City staff to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of said month. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth . in the specifications. V. RECORDS/REPORTS A. The Contractor shall, within fifteen (15) calendar days of an executed contract, prepare and submit a written annual maintenance calendar to the Public Works, Public Services Division Manager. This maintenance calendar shall clearly indicate. all of the park maintenance tasks required by this contract and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Public Works, Public Services Division Manager for approval prior to the date the changes take effect. B. Contractor shall keep records and invoices in connection with its work performed under this Agreement.. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All Contractor's books and other business records, or such part as may be used in the performance of this Agreement, shall be subject to inspection and audit by any authorized City representative during regular business hours. C. No report, information, or other data given to or prepared or assembled by Contractor pursuant to this Agreement may be made available to any individual or organization without prior approval by City. 13 Landscape Maintenance Agreement Page 14 D. Contractor shall, at such time and in such form as City may require, provide reports concerning the status or cost of services required by this Agreement. E. Contractor shall complete the following reports: • Annual Maintenance Schedule • Weekly Maintenance Schedule • Weekly Maintenance Report • Monthly Maintenance Report • Monthly Chemical Use Report • Monthly Fertilizer Use Report • Pesticide List (if applicable) with EPA Numbers • monthly Green Waste Recycling/ Diversion Report VI. STREET CLOSURES, DETOURS, BARRICADES Waring signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon roadways issued by the State of California, Department of Transportation and as directed by City staff. Contractor shall keep a copy of Work Area Traffic Control Manual ("W.A.T.C.H.") in all of its vehicles servicing this Agreement at all times. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. VII. DISPOSAL At least 50% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall estimate the turf/ grass clippings that are being mulched and left in place. The Contractor shall dispose of all other cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal nor the cost of disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location and tonnage on a monthly basis to the City. VIII. EMERGENCY SERVICES The Contractor will provide to the City the names and emergency telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during off hours. These representatives shall promptly respond to said emergencies. Contractor response time'to emergencies shall not exceed a maximum of thirty (30) minutes from the time Contractor was first notified of emergency. 14 Landscape Maintenance Agreement Page 15 IX. PERFORMANCE DURING RAINY NVEATHER 1. During the periods when the weather conditions hinder normal operations, the Contractor shall adjust his/her workforce in order to accomplish those activities that are not affected by weather. 2. The Contractor shall immediately notify the City the workforce has been removed from the job site due to weather conditions or other reasons. X. EQUIPMENT All vehicles and equipment used in conjunction with the work shall be maintained in a neat, clean, and orderly manner and shall be in good working order. The Contractor shall use mulching mowers. The City authorized agent may reject any vehicle or piece of equipment and order it removed from the job site. Contractor vehicles used within this Agreement shall, at all times, bear identification signs identifying Contractor. XI. SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, and comply with all safety standards required by CAL -OSHA. The City 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 the work under this contract. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from the Contractor's operations. Any hazardous condition noted by the Contractor, which is not a result of the Contractor's operations, shall be immediately reported to the City. XII. SPECIFICATIONS The specifications included in this "Scope of Work" are intended to cover all labor, material and standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. XIIL PESTICIDES The City must maintain all documents that pertain to the use of pesticides on its property. Contractor must provide the Public Works, Public Services Division Manager with all of the following: 1. A "Pesticide Use Daily Record" for any site that a pesticide was used, within 24 hours of application. 2. If a restricted pesticide is going to be used, a copy of the "Notice of Intent To Use Restricted Materials", 24 hours before application. 15 Landscape Maintenance Agreement Page 16 3. A list and Environmental Protection Agency numbers and Material Safety Data Sheets of all the pesticides Contractor intends to use for this contract, before any such use. 4. The Contractor shall not use any pesticide that has not been authorized by the City. All materials must be properly labeled and certified for intended use. Proper and legal disposal of any and all pesticides used is solely the responsibility of the Contractor. All state, county, and city laws regarding pesticide use and disposal must be followed. XIV. TECHNICAL MAINTENANCE SPECIFICATIONS 1. All maintenance functions shall be performed in accordance with the following specifications and at the frequencies, indicated. The City shall have the right to determine schedule days and the extent and frequency of additional "as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed facilities, so long as the total work hours remain the same. 2. All operations will be conducted iso as to provide maximum safety for the public and minimize disruption of the public use of City facilities. 3. The Contractor will keep all gutters, curbs, and walks adjacent to contract areas free of weeds and other maintenance debris. 4. The Contractor will clean sidewalks, roadways, and any other areas littered or soiled by the Contractor maintenance operations. 5. The Contractor shall maintain the work areas clean of debris upon completion of any work. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used to discard any waste generated by the Contractor. 6. Contractor must notify the City immediately of any irrigation system malfunction, and unusual and hazardous conditions in the work site. 7. Contractor must notify City within one (1) hour of malfunctioning facilities or conditions that may break, malfunction, or interrupt the public's use of City facilities. 8. All insects and other like pests shall be controlled by the Contractor. Any control measures should be approved first by the City with written recommendations from the Contractor's Pest Control Advisor. All rodent activity shall be eradicated as soon as possible. Particular attention to burrowing rodents is necessary to protect the site. 16 Landscape Maintenance Agreement Page 17 9. All animal feces or other materials detrimental to human health shall be removed from the park areas immediately. 10. All broken glass and sharp objects shall be removed immediately. 11. All sand and wood chip areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations, as required. 12. Borders shall be edged at each mowing. 13. Mechanically trim around sprinklers as needed to provide proper and unobstructed irrigation. The cutting of holes around sprinklers shall not be permitted. 14. All turf shall be fertilized three times per year using a homogenous, pellet or granular slow release material. City must approve the material used. Apply at the following rates and time: a) February: 22-3-9 (or approved equal) fertilizer at one pound actual nitrogen per 1,000 square feet. b) June: 21-3-5 (or approved equal) fertilizer at one pound actual nitrogen per 1,000 square feet. C) October: 16-6-8 (or approved equal) fertilizer at one pound actual nitrogen . per 1,000 square feet. d) Material shall be applied uniformly, ensuring even overlap. All excess fertilizer deposited on sidewalks, parking lots, and other hardscape areas shall be properly cleaned and removed. e) The Contractor shall perform a soil fertility analysis at individual parks as directed by the City in the month of December and review the analysis with the City representative in the month of January. f) All materials must be approved by the Public Works, Public Services Manager. Quantities used must be submitted to the City on a "Monthly Fertilizer Use Report." 15. Appropriate fungicide, weed control, and insecticide materials shall be applied to all turf areas throughout the year on a curative basis. a) Turf areas must be maintained in a weed -free basis. b) Chemical control of broadleaf weeds shall be initiated as needed on all turf. 16. Aerate all turf areas as often as required (minimum of twice per year; between April 1 and May 15 and between September 1 and November 1). 17 Landscape Maintenance Agreement Page 18 a) Aerate all turf with a mechanical aerator set with 1/2" core spoons at not more than 6" spacing and a minimum depth of 4". 17. Control all rodent pests as necessary to provide a healthy and safe environment for plants and public. 18. Visually check all turf areas on a weekly basis for pest, fertility, damage, and other needs. Correct and/or report to City as necessary. XV. TURF FERTILIZERS, ETC., 1. All commercial fertilizers must be homogenous. 2 All organic fertilizers must have lowest salinity rate possible. 3. No steer or chicken manure is allowed. 4. All fertilizers, planting medium, humus material, etc. must be City approved. XVI. REQUIRED REPORTS , 1. Annual Maintenance Schedule 2. Monthly Maintenance Report 3. Weekly Maintenance Schedule 4. Weekly Performance Report 5. Monthly Chemical Use Report 6. Monthly Fertilizer Use Report 7. Pesticide List (if applicable) With EPA Numbers 8. Monthly Green Waste Recycling/ Diversion Report IIF Landscape Maintenance Agreement Page 19 EXHIBIT B Parks/ Facilities/ Roadways Maintenance Locations Subtotal: $ 153,480.00 Parks Address Approx. Acreage Annual Cost 1 Angelus Park 2200 Block of Angelus Ave. 0.25 960.00 2 Ellis Park 3900 Block of Ellis Ln. 0.35 1,320.00 3 Garvey Community Center 9108 Garvey Ave. 1.0 3,840.00 4 Garvey Park 7900 Block of Emerson Pl. 7.0 26,760.00 5 Guess Park 8555 E. Mission Dr. 0.35 1,320.00 6 Klingerman Park 8800 Klingerman Ave. 0.75 1 2,880.00 7 Olney Park 8600 Block of Olney St. 0.35 1,320.00 8 Rosemead Community Center Park 3936 N. Muscatel Ave. 1.0 3,840.00 9 Rosemead Park 9100 Block of Mission Dr. 18.0 68,400.00 10 Sally Tanner Park 8343 E. Mission Drive 1.0 3,840.00 11 Jess Gonzales Sports Complex 8471 Klingerman Ave. 3.5 13,200.00 12 Triangle Park 800 Block of San Gabriel Blvd. 0.75 2,880.00 13 Zapopan Park 3000 Block of Angelus Ave. 6.0 22,920.00 Total Acreage (Approx.) 40.3 Subtotal: $ 153,480.00 Subtotal: $ 56,580.00 ANNUAL CONTRACT TOTAL: $ 210,060.00 109 Facilities/ Streets From -To Limits/ Address Annual Cost 1 City Hall Exterior Landscaping 6,030.00 2 County Library (Next to City Hall) Exterior Landscaping 6,030.00 3 Dinsmoor House 9632 Steel St. - Exterior Landscaping 1,920.00 4 Garvey Blvd. — Medians, and Parkways & Sidewalk Cleaning New Ave. to Rio Hondo Bridge 4,440.00 5 Marshal St. - Median Strip 100' West of Rosemead Bl. to Hart Ave. 780.00 6 Rosemead Blvd. - Median Strip 10 Fwy to De Adelena St.. 780.00 7 Rush St.- Medians, and Parkways & Sidewalk Cleaning Walnut Grove Ave. to San Gabriel Blvd. 3,840.00 8 San Gabriel Blvd. — Parkways and Sidewalk Cleaning Hellman Ave. to Rush St. 12,000.00 9 Valley Blvd. — Parkways on Both Sides of Street and Sidewalk Cleaning Charlotte Ave. to Strang Ave. 15,000.00 10 Walnut Grove Slopes (i.e.Sloping Parkways) @ Fwy 10 East Side of Walnut Grove on both sides of Fwy 10 5,760.00 Subtotal: $ 56,580.00 ANNUAL CONTRACT TOTAL: $ 210,060.00 109 Landscape Maintenance Agreement Page 20 EXHIBIT C Maintenance Frequency Schedule FUNCTION FREQUENCY Turf Maintenance Mowing Weekly Edging At each mowing Blow At each mowing String Trimming At each mowing Fertilize Three times/year Aerate Twice/year Pest and Weed Control As needed Visual Inspection Weekly Annual Ground Cover Replacement Three times/ year Renovation/ Overseeding (80% Perennial Rye, Once/ year (Oct./ Nov.) 20% Hulled Bermuda) Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and Weed control As needed Visual Inspection Weekly Ground Cover Replacement Three times/ year Play Ground/ Areas Rototill Sandy Park Play Areas Four times/ year Litter/ Trash Removal All listed parks/ facilities, including associated Daily (M -F) parking lots Total of 210 trash cans at parks/ facilities Daily (M -F) Total of 45 BBQ containers at parks/ facilities Weekly Hardscape Maintenance Not Applicable Irrigation Maintenance Not Applicable 20 Landscape Maintenance Agreement Page 21 UNIT PRICES EXHIBIT D 1. The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. 2. Contractor is advised that the submitted unit prices will be used as one of the determining- factors eterminingfactors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the Contractor. . 3. The unit price quoted by the Contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. 4. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices FUNCTION COST/UNIT OF MEASURE TURF Turf Mow -Real Blade $ 5 / 1000 Sq. Ft. Turf Mow -Rotary Blade $ 3 / 1000 Sq. Ft. Turf Mow and Clippings Picked Up $ 8 / 1000 Sq. Ft. Turf Edge $ 5 / 1000 Lin. Ft. Turf String Trim $ 5 / 1000 Lin. Ft. Turf Chemical Edge 6" Swath $ 5 / 1000 Lin. Ft. Turf Chemical Edge 12" Swath $ 8 / 1000 Lin. Ft. Turf Aerate $ 7 / 1000 Sq. Ft. Turf Fertilize $ 9 1000 Sq. Ft. Turf Dethatch/Renovate $1,000 / Acre Turf sweeping $ 7 / 1000 Sq. Ft: Flail Mow of Natural Areas 500 / Acre HARDSCAPE Cleaning $ 7 / 1000 Sq. Ft. GROUNDCOVERS Mow $ 9 / 1000 Sq. Ft. Edge $ 3 / 1000 Lin. Ft. Fertilize $ 9 / 1000 Sq. Ft. 21 Landscape Maintenance Agreement Page 22 PEST CONTROL Turf disease/insect spray Boom Application $ 20 / 1000 Sq. Ft. Hand Application 23 / 1000 Sq. Ft. Turf Broadleaf Spray $ 9 / Each 5 Gal. Shrub Boom Application 20 / 1000 Sq. Ft. Hand Application 23 / 1000 Sq. Ft. Groundcover disease/insect spray 25 / 1000 Sq. Ft. Shrub disease/insect spray $ 22 / 1000 Sq. Ft. Soil Sterilant Applicant 23 / 1000 Sq. Ft. Turf Pre -Emergent 20 / 1000 Sq. Ft. Landscape Planter Weed Control 23 / 1000 Sq. Ft. General Weed Control Post Emergent 20 / 1000 Sq. Ft. SHRUB PRUNING 1-4 Feet, Lacing 10 / Shrub 1-4 Feet, Hedging $ 5 . / Shrub 4 plus Feet, Lacing 15 / Shrub 4 plus Feet, Hedging 12.5 / Shrub TREE PRUNING $ Up to 8 Feet 12 / Tree PLANTING 1 Gal. Shrub $ 9 / Each 5 Gal. Shrub 25 / Each 15 Gal. Shrub 65 / Each 15 Gal. Tree with root barriers 95 / Each 24" Box Tree with root barriers 285 / Each 64 Count Flat Groundcover $ 25 / Flat 16 Count 4" Flat Annual Color $ 30 / Flat Turf - Seed and Top Dress 400 / 1000 Sq. Ft. Turf - Sod $1,250 / 1000 Sq. Ft. LABOR Landscape Maint. Supervisor $ 60 / Hour Pest Control Applicator 47 / Hour Irrigation Specialist $ 45 / Hour Landscape Maim. Leadworker $ 35 / Hour Equipment Operator $ 45 / Hour Landscape Maint. Laborer ` $ 25 / Hour PARK AND FACILITY MAINTENANCE $ 6,000 / Acre/Year 22 EXHIBIT E (Includes TruGreen Landcare Proposal and RFP) January 12, 2008 Chris Marcarello Deputy Director of Public Works Business Unit City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Re: City of Rosemead / Request for Proposal Mr. Marcarello, TruGreen LandCare West L.A. Branch 6245 1323 West 130th Street Gardena, California 90247 Office: 310-354-1520 Fax: 310-3234780 California Contractors State License Board #774548 TruGreen LandCare (Branch 6245) is pleased to submit our Request for Proposal for the landscape maintenance of city parks and facilities to the City of Rosemead. Our company has been providing landscape maintenance services to municipalities and public agencies for over 42 years (through acquisitions). We are experienced in all phases of Landscape Maintenance Services including irrigation, turf maintenance/renovation, tree care services, landscape installation and sports field maintenance. We are equipped with such specialty items as turf aerators / renovators, tractors, large riding turf mowers, boom trucks, brush chippers and stump grinders. TruGreen LandCare currently has multiple satellite yards spread throughout Los Angeles and Orange Counties. If TruGreen LandCare is awarded this contract with the City of Rosemead, this contract will be managed out of our main office located at 1323 West 1301h Street, Gardena, CA, 90247. Our telephone number is 310/354-1520 and our fax number is (310) 323-4780. We hold a State of California C27 Contractors License and are legally permitted to conduct business in the State of California providing Landscape Maintenance Services. Additionally we hold a Qualified Pesticide Applicators License, Agricultural Pest Control Registration and a Pest control Business License. Furthermore we have sufficient insurance coverage as described in your SOQ. The proposed price submitted for this request for proposal shall be valid for a period of a minimum of 3 years. DESIGNATION OF REPRESENTATIVE I, Thomas E. Courtney, Vice President & Associate General Counsel of TruGreen LandCare L.L.C., the general partner of TRUGREEN LANDCARE, a California general partnership ("Company"), with full power and authority, do hereby authorize and direct Sergio Hernandez, Branch Manager, TruGreen LandCare, 1323 West 130°i Street, Gardena, California 90247 to represent the Company to execute any and all bid documents, related contracts and documents to effectuate the terms of contracts entered into on behalf of the Company with the City of Rosemead, Landscape Maintenance of City Parks and Facilities. This Designation of Representative expires at midnight; January 12; 2010. TRUGREEN LANDCARE, a California general Partnership By: TruGreen LandCare L.L.C., Its: General Partner By: Thomas E. Courtney Vice President & Associate General Counsel Dated: January 12, 2009 STATE OF TENNESSEE} COUNTY OF SHELBY} Before me, Letha W. Sanders, a Notary Public for said State and County, personally appeared THOMAS E. COURTNEY, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence) and who, upon oath, acknowledged himself to be the Vice President & Associate General Counsel of TruGreen LandCare L.L.C., a Delaware limited liability company, the General Partner of TRUGREEN LANDCARE, the within named bargainor, a California general partnership, and that he as such Vice President & Associate General Counsel, executed the foregoing instrument for the °oF1tftYes-therein contained. 4� •/� STOAT E ' STOAT my hand; at office, this = day o nary, 20 TENNESSEE NOTARY 5 PUBLIC \\' otary ublic ft l} Commission Fc ares: �i B�j �csiiimission Expires: SePtcmber 26, 2012 1�ilY� LS IY 13 �Z. ��u@altREEN Latnkar3e' Truare West L.. Branch 6?45 WestL.A.ra ch 624 1323 West 130th Street Gandena, California 90247 Office: 310-354-1520 Background and Approach Fax: 310-3234780 California Contractors State License Board #774548 TruGreen LandCare, Branch 6245, is more than qualified to provide the City of Rosemead with landscape maintenance services at City Parks, Public Facilities, Roadside Medians, and Street Parkways. TruGreen LandCare, has over 42 years of experience and knowledge to serve our customers. We provide professional landscape maintenance to many city and public work projects. TruGreen LandCare is qualified to provide landscape maintenance Services to the City of Rosemead with the most up-to-date horticultural practices keeping within the scope of work. Our fleet of trucks and equipment includes small pick-ups, mowing equipment, carrier trucks, utility trucks, aerial towers and refuse trucks. In addition, we have several tractors as well as various other pieces of large equipment to provide for related services. We have an on-site shop supervised by a Shop Manager whose employees maintain approximately 195 company vehicles and miscellaneous equipment. The company employs licensed Pest Control Advisors, Pest Control Applicators, Certified Arborists, and Certified Tree Trimmers. Our branch currently employs 287 field staff employees and is able to fully staff this project with crewmembers and equipment. Our Supervisory Staff has both technical knowledge and practical experience in all phases of landscape services. We also provide continuing education through various seminars and classes in field related subjects. Approximately 99% of all contracts are handled by our staff. The majority of our contracts are performed with little assistance from subcontractors. TRUGREEN LavtdCare' WORK PLAN TruGreen LandCare West L. A. Branch 6245 1323 West 130th Street. Gardena, California 90247 Office: 310-354-1520 Fax: 310-32311750 California Contractors State License Board #774545 Turf Maintenance All contract sites shall be mowed, edged and detailed on a weekly basis. A 21" and 36" mower shall be used to cut the turf in the medians. A 72" mower, and a 7 gang reel mower shall be used on large turf areas. Aeration shall be performed two times per year. Pest and weed control will be performed on an "as needed" basis. Visual inspections of turf areas shall be performed on a weekly basis. Fertilization will be performed three times per year. Renovation/overseeding will be performed one time per year (between October and November). Commercial equipment such as push/stick edgers and line trimmers shall be utilized to do detail work. Groundcover Maintenance All contract sites shall have shrubs, hedges, vines and groundcover areas trimmed on a monthly basis. Pest and weed control shall be performed on an "as needed" basis. Fertilization shall be performed two times per year. Annual color shall be replaced three times per year.. Visual inspections of groundcover areas shall be performed on a weekly basis. Motorized extension hedge trimmers, loppers and hand shears shall be used to perform this work. All employees shall receive proper training so that the best horticultural and arboricultural practices are used. III. Playground Area Maintenance Sand in playground area shall be rototilled four times per year. IV. Litter/Trash Removal Litter and trash removal shall be performed on a daily basis (Monday — Friday). 45 BBQ containers shall be emptied on a weekly basis. Note: Days of service, and dates for special projects such as aeration, fertilization, and rototilling shall be agreed upon by both TruGreen LandCare and Contract Administrator upon award of contract. Methodology TruGreen LandCare West L.A. Branch 6245 1323 Rfest 130th Street Gardena, California 90247 Office: 310-354-1520 F= 310-3234750 California Contractors State License Board #774548 To aid you in evaluating our proposal, we have listed some of TruGreen's unique qualifications that will ensure that the work is completed to your expectations. We hope this list will prove helpful when comparing our service to others. Our Program: Pro Active Quality Audit — to insure consistency, detect problems and provide solutions C Communication — Nextel radio/cell phones for rapid response, email & web site, internet solution e Commitment to Excellence — commitment to provide year-to-year quality service Comprehensive Resources — ability to handle installations, tree care, lawn care & pest control Our Staff: 0 Experienced, Pro -active, Tenured Area Manager — English speaking personalized service ISA Certified Arborists — on staff advisors to insure that tree care is performed properly Certified Pest Control Applicator and Operators on Staff — to meet all governmental requirements o Supported by Service Master Resources — best equipment & exceptional purchasing power Our staff is dedicated to providing you with peace of mind that your expectations will be met today and for years to come. TruGreen LandCare Value Proposition Statement "TruGreen is committed to the delivery of exceptional Landscape Services, a commitment ensured by our dedication to client communications, incomparable quality and a resolve to provide cost value for our service offerings." TRuGREEN LandCare. TR df LSV LL West L.ABranch 6245 1323 West 130th Street Gardena, California 90247 Office: 310-354-1520 Fax: 310-3234780 - California Contractors State License Board #774548 CONTRACT ORGANIZATION AND STAFFING TruGreen LandCare Branch 6245 is a branch that specializes in the managing of municipal landscape maintenance contracts. We feel that by concentrating our efforts on one aspect of landscape maintenance, municipalities; that we have the knowledge and experience to provide our customer the type of service required for public works contracts. The Branch Manager, Sergio Hernandez, will oversee the entirety of the contract, in doing so ensuring the highest level of service possible. Sergio has been in the landscape maintenance business for over 24 years. Throughout this time he has ascertained a fundamental understanding of all aspects of horticulture. The Operations Manager, Dave Evans, will attend monthly meetings in the event the area manager cannot attend and will provide back up support for the area manager. Dave has been in the landscaping industry for over twenty years, and holds a BS in Ornamental Horticultural. The Area Manager will be responsible for communicating with the city's representative on a daily basis. He will attend monthly meetings and will be performing weekly inspections and generating punch lists for the crew. There will be one Area Supervisor assigned to the crew forty (40) hours per week. He will oversee the crew's daily operations and will perform routine landscape maintenance. He will also assist with required reporting. Three laborers will be assigned forty (40) hours per week each. They will perform the routine landscape maintenance as per contract specifications, including the trashing and detailing. A complete staffing plan will be provided upon award of contract. Specialty crews will be called in on an as -needed basis for such activates such as aerification, fertilization and pest control. TRu BEEN �.�.WiCare Related Experia ,e en LandCare Branch G245 West L.A.L West CI Of Cerritos 1323 West 130th Street Gardena, California 90_47 18125 Bloomfield Avenue Office: 310-354-1520 Cerritos, CA 90703-3130 Fax: 310-3234780 562/916-1224 Landscape Maintenance of Center Medians California contractors Todd R. Kuh and other Landscaped Areas State License Board#774548 Parks Superintendent 1995 to Present TruGreen's Operations Manager: Nabor Garcia - Responsible for supervision, scheduling, and management City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 949/361-8278 Streetscape, Beach, Restroom and Dennis Roger Reed Interim Park Maintenance Beaches and Parks Manager 1989 to Present TruGreen's Operations Manager: Nabor Garcia - Responsible for supervision, scheduling, and management TruGreen's Supervisor: Agustin Garcia — Supervises laborers as well as the day to day operations of the contract requirements City of La Mirada 15515 Phoebe La Mirada, CA 90638 714/522-6821 Steve Forester Landscape Maintenance of City Parks Public Works Director 1981 to Present TruGreen's Operations Manager: Nabor Garcia - Responsible for supervision, scheduling, and management City of Laguna Niguel 27781 La Paz Rd Laguna Niguel, CA 92677 949/795-1537 Landscape Maintenance & Faculties Jerry Sollom and Sports Parks and Facilities Parks Maintenance Supervisor 2000 to Present TruGreen's Operations Manager: Nabor Garcia - Responsible for supervision, scheduling, and management City of Norwalk 12700 Norwalk Blvd Norwalk, CA 90651 Gary DiCorpo Landscape Maintenance Services Director of Public Services 562/929-5511 2000 to Present TruGreen's Operations Manager: Nabor Garcia - Responsible for supervision, scheduling, and management _ Truand CareTYuGRSN ffidIA(Laie` RestL.A-Banch 6?40 1323 West 130th Street Gardena, California 90247 Office: 310-354-1520 Contract Schedule Fax: 310-3234780 California Contractors State License Board #774548 Contract schedule will be provided to the City of Rosemead upon award of contract. ATTACHMENT A (Revised 1-6-09) Parks/ Facilities/ Roadways Maintenance Locations Parks Address Approx. Acreage Annual Cost City Hall Angelus Park 2200 Block of Angelus Ave. 0.25 960.00 2 Ellis Park 3900 Block of Ellis Ln. 0.35 1320.00 3 E61 Garvey Community Center 9108 Garvey Ave. 1.0 3840.00 4 Garvey Park 7900 Block of Emerson PI. 7.0 26760.00 5 Guess Park 8555 E. Mission Dr. 0.35 1320.00 Walnut Grove Ave. to San Gabriel Blvd. Klingerman Park 8800 Klingerman Ave' 0.75 2880.00 7 Olney Park 8600 Block of Olney St. 0.35 1320.00 8 Rosemead Community Center Park 3936 N. Muscatel Ave. 1.0 3840.00 9 Rosemead Park 9100 Block of Mission Dr. 18.0 68400.00 10 Sally Tanner Park 8343 E. Mission Drive 1.0 3840.00 11 Jess Gonzales Sports Complex 8471 Klingerman Ave. 3.5 13200.00 12 Triangle Park 800 Block of San Gabriel Blvd. 0.75 2880.00 13 Zapopan Park. 3000 Block of Angelus Ave. 6.0 22920.00 Total Acreage (Approx.) 40.3 153480.00 Facilities/ Streets From -To Limits/ Address Annual Cost 1 City Hall Exterior Landscaping 6030.00 2 County Library (Next to City Hall) Exterior. Landscaping 6030.00 3 Dinsmoor House 9632 Steel St. - Exterior Landscaping 1920.00 4 Garvey Blvd. - Medians & Parkways and Sidewalk Cleaning New Ave. to Rio Hondo Bridge 4440.00 5 Marshal St. - Median Strip 1 00'West of Rosemead BI. to Hart Ave. 780.00 6 Rosemead Blvd. - Median Strip 10 Fwy to De Adelena St. 780.00 7 Rush St.- Medians & Parkways and Sidewalk Cleaning Walnut Grove Ave. to San Gabriel Blvd. 3840.00 8 San Gabriel Blvd. - Parkways and Sidewalk Cleaning Hellman Ave. to Rush St. 12000.00 9 Valley Blvd. - Parkways and Sidewalk Cleaning Charlotte Ave. to Strang Ave. 15000.00 10 Walnut Grove Slopes (i.e. Sloping Parkways) @ Fwy 10 East Side of Walnut Grove on both sides of Fwy 10 5760.00 ATTACHMENT B (Revised 1-6-09) Maintenance Frequency Schedule FUNCTION 11FREQUENCY Turf Maintenance Mowing Weekly Edging At each mowing Blow At each mowing String Trimming At each mowing Fertilize Three times/ year Aerate Twice/year Pest and Weed Control As needed Visual Inspection Weekly Annual Ground Cover Replacement Three times/ year Renovation/ Overseeding (80% Perennial Rye, 20% Hulled Bermuda) Once/ year (Oct] Nov.) Ground Cover Maintenance Trim Monthly Fertilize Twice/ year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Replacement Three times/ year Play Ground/ Areas Rototill Sandy Park Play Areas Four times/ year Litter/ Trash Removal All listed parks/ facilities, including associated parking lots Daily (M -F) Total of 210 trash cans at parks/ facilities Daily (M -F) Total of 45 of BBQ containers'at parks/ facilities Weekly Hardscape Maintenance Not Applicable Irrigation Maintenance Not Applicable STATEMEvdT OF COMPLIANCE/SUGGEb i ED CHANGES This Proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed below: Listing of Suggested Changes To City of Rosemead Request for Proposal Scope of Work Section C. Term of Contract The term of the contract shallbe for a eriod of three (3) years, with an option for renewal for two (2) one-year extensions, on a annual basis, based on the contractor performance. The City reserves the right to terminate the Agreement at any time upon thirty (30) days written notice to the contractor. After the initial three (3) year contract, the City has the option to r ne the co11 ntract for two . (2) one -yea extensions, in one (1) year increment : If they City In ses to extent the contract, a formal letter will be sent to the Contract advising contractor of the one (1) year extension. This process will be used for eac of the optional two (2) years. In determining whether the Agreement should be extended, the City will evaluate the performance of the contractor and determine whether the contractor's performance is satisfactory. Listing of Suggested Changes To City of Rosemead Contract Service Agreement for Landscape Maintenance Section 1, second paragraph as shown in the attached Draft Agreement. Section 2A, third sentence as shown in the attached Draft Agreement. Section 6, second paragraph as shown in the attached Draft Agreement. 7 Section 10 as shown in the attached Draft Agreement. • Section 11, first paragraph as shown in the attached Draft Agreement. ➢ Section 11A and 11C(iv) as shown in the attached Draft Agreement. ➢ Section 16B and Section 16C as shown in the attached Draft Agreement. ➢ Exhibit A — Scope of Work, Section III, second paragraph as shown in the attached Draft Agreement. The above Listings of Suggested Changes will not impact the services to be provided under the contract nor affect any contract costs, scheduling or other considerations. The suggested changes are intended to be fair to both parties and to more evenly distribute the liability under the terms of the contract. Request For Proposal — Lar,uscaping Page 11 ATTACHMENT C UNIT PRICES I. The contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices TURF FUNCTION COST/UNIT OF MEASURE Turf Mow -Real Blade Turf Mow -Rotary Blade Turf Mow and Clippings Picked Up Turf Edge Turf String Trim Turf Chemical Edge 6" Swath Turf Chemical Edge 12" Swath Turf Aerate Turf Fertilize Turf Dethatch/Renovate Turf sweeping Flail Mow of Natural Areas HARDSCAPE Cleaning GROUNDCOVERS Mow. Edge Fertilize $ 5 / 1000 Sq. Ft. $_3__/ 1000 Sq. Ft. $ 8 1000 Sq. Ft. $ 5 / 1000 Lin. Ft. $ 5 / 1000 Linear Ft. $ 5 1000 Linear Ft. $ 8 1000 Linear Ft. $ 10 / 1000Sq.Ft. $ 15 / 1000 Sq. Ft. $1.200 / Acre $ 10 / 1000 Sq. Ft. $7501 Acre $ 10 / 1000 Sq. Ft. $ 10 / 1000 Sq. Ft. $ 5 / 1000 Lin. Ft. 15 / 1000 Sq. Ft. Request For Proposal — Lan,. caping Page 12 PEST CONTROL $ 10 Turf disease/insect spray 1-4 Feet, Hedging $ Boom Application $ 20 / 1000 Sq. Ft. Hand Application $ 25 / 1000 Sq. Ft. Turf Broadleaf Spray $ 12.5 Boom Application $ 20 / 1000 Sq. Ft. Hand Application 25 / 1000 Sq. Ft. Groundcover disease/insect spray $ 40 / 1000 Sq. Ft. Shrub disease/insect spray $ 40 / 1000 Sq. Ft. Soil Sterilant Applicant $ 75 / 1000 Sq. Ft. Turf Pre -Emergent $ 40 / 1000 Sq. Ft. Landscape Planter Weed Control $ 40 / 1000 Sq. Ft General Weed Control Post Emergent $ 40 / 1000 Sq. Ft SHRUB PRUNING 1-4 Feet, Lacing $ 10 / Shrub 1-4 Feet, Hedging $ 5 / Shrub 4 plus Feet, Lacing $ 25 / Shrub 4 plus Feet, Hedging $ 12.5 / Shrub TREE PRUNING Up to 8 Feet $ 15 / Tree PLANTING 1 Gal. Shrub $ 11 / Each 5 Gal. Shrub $ 35 / Each 15 Gal. Shrub $ 75 / Each 15 Gal. Tree with root barriers $ 125 / Each 24" Box Tree with root barriers $ 325 / Each 64 Count Flat Groundcover $ 30 / Flat 16 Count 4" Flat Annual Color $ 35 / Flat Turf - Seed and Top Dress $ 0.25 / 1000 Sq. Ft. Turf - Sod 1.75 / 1000 Sq. Ft. Landscape Maint. Supervisor $ 65 / Hour Pest Control Applicator $ 65 / Hour Irrigation Specialist $ 45 / Hour Landscape Maint. Leadworker $ 35 / Hour Equipment Operator $ 65 / Hour Landscape Maint. Laborer $ 25 ! Hour Park and Facility Maintenance .$7,840 / Acre/Year 12 ADDENDUM NO. 1 City of Rosemead January 6, 2009 Request For Proposal Landscape Maintenance of City Parks and Facilities Notice is hereby given that the following section(s) contained in the above -referenced Request For Proposal (RFP) is being amended as follows: • Attachment A "Parks/ Facilities/ Roadways Maintenance Locations" is amended and replaced by Attachment A (Revised, 1/6/09) `Parks/ Facilities/ Roadways Maintenance Locations", hereby attached. • Attachment B "Maintenance Frequency Schedule" is amended and replaced by Attachment B (Revised, 1/6/09) "Maintenance Frequency Schedule", hereby attached. This Addendum is hereby identified as Addendum No. 1 to the Request For Proposal for Landscape Maintenance of City Parks and Facilities. THEREFORE: All proposers are required to note this Addendum No. 1, sign this page, and submit this page with their sealed proposal. 1/13/09 Sig tur Date S r Irn dez, Branch Manager Name, Title TruGreen LandCare Company Name **This form must be included with your bid proposal packet. ATTACHMENT C- REVISED, (1 -21-09) UNIT PRICES The contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. 11. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices TURF FUNCTION COST/UNIT OF MEASURE Turf Mow -Real Blade $ 5 / 1000 Sq. Ft. Turf Mow -Rotary Blade $ 3 / 1000 Sq. Ft. Turf Mow and Clippings Picked Up � 8 / 1000 Sq. Ft. Turf Edge $ 5 / 1000 Lin. Ft. Turf String Trim $ 5 / 1000 Linear Ft. Turf Chemical Edge 6" Swath $ 5 . / 1000 Linear Ft. Turf Chemical Edge 12" Swath $88 ! 1000 Linear Ft. Turf Aerate $ 7 / 1000Sq.Ft. Turf Fertilize $ 9 / 1000 Sq. Ft. TurfDethatch/Renovate $1,000 /Acre Turf sweeping $ 7 / 1000 Sq. Ft. Flail Mow of Natural Areas 500 / Acre HARDSCAPE Cleaning $ 7 / 1000 Sq. Ft. GROUNDCOVERS Mow $ 9 / 1000 Sq. Ft. Edge $ 3 / 1000 Lin. Ft. Fertilize $ 9 / 1000 Sq. Ft. PEST CONTROL Request For Proposal — Lanu,,;aping Page 2 Turf disease/insect spray . 1 Gal. Shrub Boom Application $ 20 / 1000 Sq. Ft. Hand Application $ 23 / 1000 Sq. Ft. Turf Broadleaf Spray 24" Box Tree with root barriers 285 / Each Boom Application $ 20 / 1000 Sq. Ft. Hand Application 23 / 1000 Sq. Ft. Groundcover diseasefinsect spray $ 25 / 1000 Sq. Ft. Shrub disease/insect spray 22 / 1000 Sq. Ft. Soil Sterilant Applicant $ 23 / 1000 Sq. Ft. Turf Pre -Emergent $ 20 / 1000 Sq. Ft. Landscape Planter Weed Control $ 23 / 1000 Sq. Ft. General Weed Control Post Emergent 20 / 1000 Sq. Ft. SHRUB PRUNING 1-4 Feet, Lacing $ 10 / Shrub 1-4 Feet, Hedging 5 / Shrub 4 plus Feet, Lacing $15 / Shrub 4 plus Feet, Hedging $ 12.5 / Shrub TREE PRUNING Up to 8 Feet $ 12 / Tree PLANTING 1 Gal. Shrub $ 9_/ Each 5 Gal. Shrub 25 / Each 15 Gal. Shrub $65 / Each 15 Gal. Tree with root barriers $ 95 / Each 24" Box Tree with root barriers 285 / Each 64 Count Flat Groundcover 25 / Flat 16 Count 4" Flat Annual Color $ 30 / Flat Turf - Seed and Top Dress $ 400 / 1000 Sq. Ft. Turf - Sod $1,250 / 1000 Sq. Ft. Landscape Maint. Supervisor $ 65 / Hour Pest Control Applicator $ 47 / Hour Irrigation Specialist 45 / Hour Landscape Maint. Leadworker $ 35 / Hour Equipment Operator 45 / Hour Landscape Maint. Laborer 25 / Hour Park and Facility Maintenance $ 6,000 / Acre/Year 2 CITY OF ROSEMEAD REQUEST FOR PROPOSAL Landscape Maintenance of City Parks and Facilities December 16, 2008 Request For Proposal — Landscaping Page 2 1. INTRODUCTION The City of Rosemead is seeking Request For Proposals (RFP's) from qualified contractors for landscape maintenance services at various City facilities. Specifically, the City of Rosemead is interested in receiving proposals for landscape maintenance at City parks, public facilities, roadside medians and street parkways. A complete list of the maintenance locations is included in Attachment A. 2. PROPOSAL SUBMITAL DATE AND REVIEW Contractors must submit three (3) complete copies of their proposals before Jan. 13, 2009, at 10:30 AM. All proposals must be delivered to the office of the City Clerk, City of Rosemead, or mail to: City of Rosemead Attn: City Clerk 8838 East Valley Boulevard Rosemead. CA 91770 The received proposals will become part of the official files of the City of Rosemead and will not be returned. Late proposals will not be accepted. The RFP package needs to be sealed and labeled as follows: Proposal For Landscape Maintenance Services - CONFIDENTIAL All proposals will be reviewed to determine conformance with the RFP requirements. Any proposal deemed incomplete, conditional, or non-responsive to the requirements of the RFP may be rejected. The City reserves the right to reject any and all proposals. After a careful review of each submitted proposal, the City will conduct a thorough evaluation, as detailed in Section 6D of this RFP. The evaluation will lead to the selection of a contractor and an award of a maintenance contract. 3. CITY POINT OF CONTACT The sole source of contact regarding this RFP is Chris Marcarello, Deputy Director of Public Works Business Unit, (626) 569-2118. Contractors interested in submitting a proposal are asked not to contact other members of the City of Rosemead staff in connection with the RFP prior to the announcement of the selected contractor. 4. SCHEDULE The following are key dates for the landscape maintenance RFP: Mailing of RFP: December 18, 2008 Mandatory Pre -Bid Meeting: January 6, 2009 at 8:00 AM Public Services Facility (Garvey Park) 7933 Emerson Place Rosemead, CA 91770 Proposals due to the City: January 13, 2009, before 10:30 AM City Council Contract Award: February 10, 2009 2 Request For Proposal — Landscaping Page 3 5. BACKGROUND The City of Rosemead currently maintains the landscaping on its parks, roadway medians and parkways through a combination of a landscape maintenance contract and an in-house maintenance workforce. A complete list of the maintenance locations is included in Attachment A. The intent of this proposal is to provide contractual maintenance services.for these areas. 6. GENERAL CONDITIONS A. Authority to Withdraw RFP and/or Not Award Contract The City Rosemead reserves the right to withdraw this RFP at any time without prior notice. Furthermore, the City makes no representations that any Agreement will be awarded to any contractor responding to the RFP. The City expressly reserves the right to postpone the opening of proposals at its own convenience and to reject any and/or all proposals responding to this RFP without indicating any reasons for such rejection. B. Pricing Approach The City of Rosemead intends to award a fixed annual contract price for the three-year term of this contract, with an option to renew annually for up to two (2) more years, based on performance. A maintenance unit price list should be included as part of the proposal (See Attachment C). The primary purpose of this list is to provide for guidance for any additional work or establish clear payment deductions for contract services not rendered during the course of the contract. Subsequent to the initial three-year contract term, and if the option for renewal is exercised at the third and fourth anniversary of the contract effective date, the contract amount shall be adjusted in proportion to the change in the Consumer Price Index — All Urban Customers, Los Angeles, Riverside, Anaheim, at the time, subject to a 2.5% maximum increase per year. C. Insurance and Performance Bond The selected contractor shall provide to the City the necessary insurances, endorsements and the performance bond in the amount of contract, as specified in the enclosed Draft Agreement. D Proposal Evaluation Criteria Proposals will be evaluated on the basis of the response to all provisions of this RFP. The City of Rosemead may use some or all of the following criteria in its evaluation and comparison of the proposals submitted. The criteria listed are not necessarily an all- inclusive list. The order in which they appear is not intended to indicate their relative importance: 1. The contractor's demonstrated awareness of safety in all operations 2. A demonstrated understanding of the scope of work and other proposal documents 3 Request For Proposal — Landscaping Page 4 3. A logical, proven methodology for carrying out the work tasks described in the proposal 4. The contractor's recent experience in conducting contracts of similar scope, complexity, and magnitude, particularly for government agencies 5. The quality and quantity of personnel to be assigned to the contract, including its recent landscaping maintenance experience 6. The quality and quantity of equipment to be assigned to the contract 7. A listing of the organizational structure of the proposed contract team 8. The financial stability of the contractor 9. Recent references from clients, with particular emphasis on local governments 10. The proposed contract schedule 11. The proposed contract costs E. Landscape License The contractor shall hold a valid and current California C-27 License and submit a copy thereof if selected. The contractor must be licensed as a California State Licensed Pest Control Operator and a California State Licensed Pest Control Advisor. The license/ permit number shall be provided to the City at the beginning of contract. Any changes to the license/ permit shall be forwarded to the City within twenty-four (24) hours of said changes. 7. PROPOSAL FORMAT AND CONTENT Proposals should be typed as briefly as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each contractor: a. Cover Letter A cover letter should summarize key elements of the proposals. The letter must be signed by an individual authorized to bind the contractor. The letter must stipulate that the proposed price shall be valid for a period of a minimum of three (3) years. Indicate the address and telephone number of the contractor's office located nearest to Rosemead, California, and the office from which the contract will be managed. b. Background and Approach The Background and Approach Section should describe your understanding of the City and the work to be done. il Request For Proposal — Landscaping Page 5 c. Work Plan Describe the sequential work tasks you plan to carry out in accomplishing this contract. Indicate all key deliverables and their contents. d. Methodology This section should clearly describe the methodology you plan to use to carry out the specific work tasks described in the Work Plan. e. Contract Organization and Staffing Describe your approach and methods for managing the contract. Provide an organizational chart showing all proposed contract team members. Describe the responsibilities of each person on the contract team. Identify the Contract Manager and the person(s) who will be the key contact (s) with the City of Rosemead. Indicate how many hours each team member will devote to the contract by task, along with a statement indicating the availability of the members of the contract team for the duration of the contract. Please include resumes for key members of the contract team with particular emphasis on their experience and professional affiliation. f. Related Experience Describe recent, directly related, public agency experience. Include on each listing the name of the agency; description of the work done; primary agency contact, address and telephone number; dates for the contract; name of the contract director and/or manager and members of the proposed contract team who worked on the contract, as well as their respective responsibilities. At least three references should be included. For each reference, indicate the reference name, organization affiliation, title, complete mailing address, and telephone number. The City of Rosemead reserves the right to reference check any and/or all of the organizations or individuals listed. g. Contract Schedule Provide a schedule for completing each task in the work program, based upon the Maintenance Frequency Summary (Attachment B). h. Cost Data Indicate the total annual cost for each of the listed park/ facility (See Attachment A) for which you will provide landscaping maintenance services, based upon the information provided. i. Statement of Compliance/ Suggested Changes Contractors must submit a Statement of Compliance to the RFP and to the Draft Agreement terms and conditions, and if any, a listing of exceptions and _ suggested changes. A description of any cost implication for suggested changes must also be included. The Statement of Compliance must declare either: R Request For Proposal — Landscaping Pale 6 1) This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or 2) This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed. For each exception or suggested change, the contractor must include: Reasons for submitting the proposed exception or change. Any impact the change or exception may have on contract costs, scheduling or other considerations. 8. PRE -PROPOSAL MEETING All parties submitting proposals are instructed to attend a mandatory pre-bid meeting. The meeting is 'scheduled for January 6, 2009 at 8:00 a.m. at the Public Services Facility, 7933 Emerson Place, Rosemead, California 91770. Present at this meeting will be representatives of the City of Rosemead Public Works Business Unit. The purpose of this meeting is to familiarize contractors with the scope of work and to answer any questions which may arise prior to submitting proposals. A tour of the listed maintenance locations of will be conducted. Attendance at this meeting is MANDATORY for those wishing to submit proposals. Failure to attend the pre-bid meeting shall result in disqualification from the RFP process. G9 Request For Proposal — Landscaping Pa -Ce 7 SCOPE OF WORK A. DESCRIPTION OF PROJECT (SCOPE OF WORK) Furnish all labor, equipment, materials, and supervision to perform landscape maintenance at City parks, public facilities, roadside medians and street parkways. The maintenance, as described herein, shall include, but not limited to, the following: 1. Mowing, edging, blowing and aerating 2. Turfgrass weed eradication and control both mechanically and with chemicals 3. Fertilizing — Post and Pre- emergent 4. General pest control 5. Removal of all grass clippings from site, if and when necessary, and as may be directed by the City 6. Turf grass renovation 7. Rototill (8"-12" depth), rack and level play areas that have existing protective sand 8. Trash/ litter collection and removal (Monday -Friday) B. WORKING HOURS Normal working hours shall be within a ten-hour day between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. No Saturday or Sunday work is to be scheduled without permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 7:00 a.m. nor after 5:00 p.m. C. TERM OF CONTRACT The term of the contract shall be for a period of three (3) years, with an option for renewal for two (2) one-year extensions, on an annual basis, based on the contractor performance. The City reserves the right to unilaterally terminate the Agreement at any time upon thirty (30) days written notice to the contractor. After the initial three (3) year contract, the City has the option to renew the contract for two (2) one-year extensions, in one (1) year increment. If the City chooses to extent the contract, a formal letter will be sent to the contractor advising contractor of the one (1) year extension. This process will be used for each of the optional two (2) years. In determining whether the Agreement should be extended, the City will evaluate the performance of the contractor and determine whether the contractor's performance is satisfactory. 7 Request For Proposal — Landscaping Page 8 New additional landscape areas, as developed or assumed by the City, may be added to the maintenance contract. Such additional scope of work will be considered change orders to the initial contract, and the value will be based on unit prices provided in. Attachment C, if applicable, and/or negotiated between the two parties of the contract. REQUIRED CONTRACT REPORTS A. Annual Maintenance Schedule B. Monthly Maintenance Report C. Weekly Maintenance Schedule D. Weekly Performance Report E. Monthly Chemical Use Report (When Applicable) F. Monthly Fertilizer Use Report (when Applicable) G. Pesticide List (if applicable) With EPA Numbers H. Monthly Green Waste Recycling/ Diversion Report LIST OF ATTACHMENTS Attachment A Parks/ Facilities Maintenance Locations With Associated Annual Maintenance Costs Attachment B Maintenance Frequency Schedule Attachment C Bid Unit Costs E Request For Proposal — Landscaping Page 9 ATTACHMENT A Parks/ Facilities/ Roadways Maintenance Locations I7 Parks Address Approx. Acreage Annual Cost 1 Angelus Park 2200 Block of Angelus Ave. 0.25 County Library (Next to City Hall) 2 Ellis Park 3900 Block of Ellis Ln. 0.35 9632 Steel St. - Exterior Landscaping 3 Garvey Community Center 9108 Garvey Ave. . 1.0 4 Garvey Park 7900 Block of Emerson PI. 7.0 6 5 Guess Park 8555 E. Mission Dr. 0.35 Rush St.- Medians & Parkways 6 Klingerman Park 8800 Klingerman Ave. 0.75 Hellman Ave. to Rush St. 7 Olney Park 8600 Block of Olney St. 0.35 8 Rosemead Community Center Park 3936 N. Muscatel Ave. 1.0 9 Rosemead Park 9100 Block of Mission Dr. 18.0 10 Sally Tanner Park 8343 E. Mission Drive 1.0 11 Jess Gonzales Sports Complex 8471 Klingerman Ave. 3.5 12 Triangle Park 800 Block of San Gabriel Blvd. 0.75 13 Zapopan Park 3000 Block of Angelus Ave. 6.0 Total Acreage (Approx.) 40.3 I7 Facilities/ Streets From -To Limits/ Address Annual Cost 1 City Hall Exterior Landscaping 2 County Library (Next to City Hall) Exterior Landscaping 3 Dinsmoor House 9632 Steel St. - Exterior Landscaping 4 Garvey Blvd. — Medians & Parkways and Sidewalk Cleaning New Ave. to Rio Hondo Bridge 5 Marshal St. - Median Strip 100' West of Rosemead BI. to Hart Ave. 6 Rosemead Blvd. - Median Strip 10 Fwy to De Adelena St. 7 Rush St.- Medians & Parkways Walnut Grove Ave. to San Gabriel Blvd. 8 San Gabriel Blvd. — Parkways and Sidewalk Cleaning Hellman Ave. to Rush St. 9 Valley Blvd. — Parkways on Both Sides of Street Charlotte Ave. to Strang Ave. I7 Request For Proposal — Landscaping Page 10 ATTACHMENT B Maintenance Frequency Schedule FUNCTION FREQUENCY Turf Maintenance Mowing Weekly Edging At each mowing Blow At each mowing String Trimming At each mowing Fertilize Three times/year Aerate Twice/year Pest and Weed Control As needed Visual Inspection Weekly, Annual Ground Cover Replacement Three times/ year Ground Cover Maintenance Trim Monthly Fertilize Twice/year Pest and Weed Control As needed Visual Inspection Weekly Ground Cover Replacement Three times/ year Play Ground/ Areas Rototill Sandy Park Play Areas Four times/ year Litter/ Trash Removal Weekly Hardscape Maintenance Not Applicable Irrigation Maintenance Not Applicable 10 Request For Proposal — Landscaping Page 11 ATTACHMENT C UNIT PRICES The contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the contract sum shall be adjusted in accordance with the following unit prices. II. Contractor is advised that the submitted unit prices will be used as one of the determining factors in the contract award. Unreasonable prices may result in rejection of the entire bid proposal. Unit prices listed below refer to all items installed, including but not limited to, materials, labor, overhead, and profit for the contractor. III. The unit price quoted by the contractor shall be those unit prices that will be charged or credited for labor and materials to be provided regardless of the total number units and/or amount of labor required for added or deleted items of work. IV. All work shall be performed in accordance with specifications or otherwise herein specified. Workmanship shall be in accord with the best standard practices TURF FUNCTION COST/UNIT OF MEASURE Turf Mow -Real Blade $ / 1000 Sq. Ft. Turf Mow -Rotary Blade $ / 1000 Sq. Ft. Turf Mow and Clippings Picked Up $ / 1000 Sq. Ft. Turf Edge $ / 1000 Lin. Ft. Turf String Trim $ / 1000 Linear Ft. Turf Chemical Edge 6" Swath $ / 1000 Linear Ft. Turf Chemical Edge 12" Swath $ 1000 Linear Ft. Turf Aerate $ / 1000Sq.Ft. Turf Fertilize $ 1000 Sq. Ft. Turf Dethatch/Renovate $ / Acre Turf sweeping $ 1000 Sq. Ft. Flail Mow of Natural Areas $ / Acre HARDSCAPE Cleaning �_/ 1000 Sq. Ft. GROUNDCOVERS Mow $ / 1000 Sq. Ft. Edge $ 1000 Lin. Ft. Fertilize $ / 1000 Sq. Ft. 11 Request For Proposal — Landscaping Page 12 PEST CONTROL Turf disease/insect spray Boom Application $ 1000 Sq. Ft. Hand Application $ / 1000 Sq. Ft. Turf Broadleaf Spray $ / Shrub 15 Gal. Tree with root barriers Boom Application $ / 1000 Sq. Ft. Hand Application $ / 1000 Sq. Ft. Groundcover disease/insect spray $ 1000 Sq. Ft. Shrub disease/insect spray $ / 1000 Sq. Ft. Soil Sterilant Applicant $ / 1000 Sq. Ft. Turf Pre -Emergent $ 1000 Sq. Ft. Landscape Planter Weed Control $ 1000 Sq. Ft. General Weed Control Post Emergent $ / 1000 Sq. Ft. SHRUB PRUNING 1-4 Feet, Lacing $ / Shrub 1-4 Feet, Hedging $ / Shrub 4 plus Feet, Lacing $ Shrub 4 plus Feet, Hedging $ / Shrub TREE PRUNING Up to 8 Feet Tree PLANTING $ Hour 1 Gal. Shrub $ / Each 5 Gal. Shrub $ 1 Each 15 Gal. Shrub $ / Each 15 Gal. Tree with root barriers $ Each 24" Box Tree with root barriers $ / Each 64 Count Flat Groundcover $ / Flat 16 Count 4" Flat Annual Color $ / Flat Turf - Seed and Top Dress $ / 1000 Sq. Ft. Turf - Sod $ / 1000 Sq. Ft. we\=Z61 1 Landscape Maint. Supervisor $ Hour Pest Control Applicator $ Hour Irrigation Specialist $ / Hour Landscape Maint. Leadworker $ / Hour Equipment Operator $ / Hour Landscape Maint. Laborer $ Hour Park and Facility Maintenance �_ / AcreNear 12 1. Garvey Park, 7933 Emerson PI. 2. Rosemead Park, 4343 Encinita Ave. 3. Zapopan Park, 3018 N. Charlotte Ave. 4. Rosemead Community Center, 3936 N. Muscatel 5. Sally Tanner Park, 8343 E. Mission Dr. 6. Guess Park, 8555 E. Mission Dr. 7. Klingerman Park, 8800 Klingerman Ave. 8. Emerson School, 7544 Emerson Place 9. Sanchez Elementary & Roger W. Temple Intermediate Schools, 8470 Fern St. 10. Janson School, 8628 Marshall Street 11. Savannah School, 3720 Rio Hondo Ave. 12. Shuey School, 8472 Wells Street 5. Selly Tanner Park ,. 12. Shuey Scholl 16. Garvey Gymnasium Emerson Place of A_ 6. Emerson school �� ar c e m a' c v m a g c $ Fern Avenue � n 14. Bitely School 10. Janson School a im Dorothy Street E $ ° m m 1. Garvey Park �eAt Ill place 13. Willard School, 3152 Willard St. 14. Bitely School, 7501 Fern Ave. 15. Jess Gonzalez Sports Complex, 8471 Klingerman 16. Muscatel Jr. High School, 4201 W. Ivar Ave. 17. Garvey Community Center, 9108 Garvey Ave. 18. City Hall, 8838 E. Valley Blvd. 19. Garvey Gymnasium, 7954 Dorothy St. 20. Public Safety Center, 8301 Garvey Ave. 21. Angelus Park, 2200 Block of Angelus Ave. 22. Ellis Park, 3900 Block of Ellis Lane 6. Guess Park 16. Muscatel Jr High Scholl " 41feez La oil Wells Street Valley BouWM Marshall Street 3. Leoopan Psrk C O 9 LOWer Azusa Road T 2. Rosemead Park 22. Ellis Park 18. City Hall Q '.A v c o S to OOri 0 CE U will 2 4. Rosemead Community Center 11. Savannah School $ �eeeeYr BERNARDINO FREEWAY 1p0 17. Garvey Community Center s P •y: ; 13. Wllaro School fj 3 Garvey Avenue v 20. Public Safely Center Avenue Avenue Rush%treet 21. Angelus Park ......j a. Sanchez Elementary 6 Roger W Temple Intennecliete Schools 15. Jess Gonzalez Sports Complex 7. Klingerman Park NM to Scale _ Best's Rating Center - Company Information for Zurich American Insurance Company Pagel of 2 Best Ratfflg C' t Rating Center __— )< j•'� View Ratings Financial Strength Issuer Credit Secunhes Advanced Search Other Web Centers: Select One Ratings Deiindions k igh Print this page Search Bests Ratings Zurich American Insurance Company Press Releases .: (a member of Zun h Financial Service lrli rarng is thai M togmmdtl -es that h a our t5batpol rf�F9 _ gNriles[f 02563 NAIC•: 16555 FEIN A: 366230659 pa G an e.cell t tiny to LeeST .Related Products , Address'. 1400 American Lane Phone: 847-605-6000 meeuhelr ongo g obligations AB[eWl•m , Ihdustry &'Regional'>1 Schaumburg, IL 60196-1056 Fax: 847-605-6011 to policyholders, Web. www.zurichna.com _ _ :Country Risk Sliuctured Finance Bests Ratings How to Gel.Rated rFinancial�Strength Ratings view Definitions Issuer Credit Ratings view Cognitions Rating (A (ExceIall Long -Term: a+ Affiliation Code:,g,(Grou) Outlook: Stable hUriCizPSiz&` Category: XV'(i2�Billion or greater) Action: Affirmed Outlook: Stable Date: December 11, 2008 Action: Affirmed Effective Date: December 11, 2008 * Denotes Under Review Ratings. See rating definitions Reports and News Visit our NewsR00m for the latest news and press releases. for this company and its A.M. Best Group. AMB Cretld Report - Insurance ProfessionalUna-bridged) tformerly known as Best's Company Report) - includes Best's Financial Strength Rating and rationale along with Comprehensive analytical commentary, detailed business overview and key financial data. Yj Report Revision Date: 12/11/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Reoort - Insurance Professional (Unabridged) Archive. RiBest's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - P/C, US. Contains data compiled as of 1/26/2009 (Quality Cross Checked). • Single Company -five years of financial data specifically on this company. • Comparison - side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total Composite of your selected peer group. AMB Credit Report - Business_ Professional. - provides three years of key financial data presented with Icolorful charts and tables Each report also features the latest Best's Ratings, Rating Rationale and an excerpt t ')from our Business Review commentary. Data Status: Contains data compiled as of 1/26/2009 (Quality Cross Checked). WBest's Key—Rating—Guide Presentation Report - includes Best's Financial Strength Rating and financial data Jas provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Bests Property/Casualty CenterPremium-Data _& Reports Best s Key_R_abng Guide=P/C US & Canada Best's Statement File - PIC, US B_est_s Statement File= Global Best's Insurance Reports - PIC, US 8 Canada Bests State Line - P/C, US Bests Insurance Expense Exhibit (IEE)=PIC, US Bests Schedule F Lensurance) - P/C, US Best's schedule D (Municipal Bonds)_Us Best's Schedule_D (Common Stocks) _US Bests Schedule D (F referred Stocks) - US Best's Corporate Changes and Retirements=P/C US/CN Best's Schedule P (Loss Reserves) - P/C, U$ Bests Schedule D_- Hybrid—P/C 8 L/H,_US Best's Schedule D &orporate Bonds) _ILLS http://www3.ambest.com/ratings/fullprofile.asp?ambnum=2563&URATI NGI D=1967397... 2/19/2009 BesCs'Rating Center -Company Information for Zurich American Insurance Company Page 2 of 2 Customer Service I Product Support I Member Center I Contact Info I Careers About A M. Best I Si�te.Map I Pnvacy_Pollcy I Security I Terms of Use I Legal & Licensing Copyright 02009 A, M. Best Company, Inc. All rights reserved. A.M. Best Worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http://www3.ambest.com/ratings/ful 1profi le. asp?ambnum=2563 &URATING I D=19673 97... 2/19/2009 BOND NUMBER K08243220 PERFORMANCE BOND TruGreen LandCare, a California General Parrrfrrrrersh'1qq KNOW AL1. MEN BY THESE PRESENTS, 'Ilial we _ 'Qieratmller called "Principal"), and WESTCHESTER FIRE INSURANCE COMPANY authorized to do business in the Slate or ratitom'a (hereinafter called "Surely ") are held and firmly bound unto _._..__-_.--_ .................... ___.CjlyofBc5e=ad_ (hereinafter called "Obligee') as Obligee, fur such monclary amount as incurred by the Obiigee. not m exceed the penal sum or T.Wo.HM(fred_Tea-ThOUSaVA-SiXty-And.Nolloos2M060 nn ) DOLLARS, good and lawful money of the United States of America, the payment of which, well and truly to be made, we do bind ourselves, ow heirs, administrators, executors, successors, and assigns. joiraly and severally, finally by Ihese presents. WHEREAS the above bounded Principal has entered into a certain written Contract with the above named Oblige, effective the day of _ 20, for landscape maiand_F.aeilitfes... __.......... ... _.............. _ _ which Contract is hereby re@rttd to and made a part hereof as fully and to the samc cMer l as ifcnpies m length were attached Itttcin. Ihr obligaliun of this Performance Bond shall be null and void unless: (1) the above Contract is in writing, and has been fully executed by both the Principal and the Obligee; (2) the Principal is actually in default under the above Contract, and is declared by the Obligee thereafter to be in default; (3) the Obllgce has performed all of lho obligations of The Obligee, under the Contract; and (4) the Obligee has provided written notice ofthe defautt to the Surety as promptly as possible, and in any event, within ten (10) days after such default. The Surety, at the sole election and discretion of the Suroy, may take any of the following actions: (1) With notice to the Obligee, provide financial assistance to The Principal to remedy any contractual delhuh by the Principal; or (2) Undertake the completion of the above Contract by the Surety, through its agents or through independent conn meters; or (3) Determine (lie amount for which the Surety may be liable to the Obligee, and as soon us practicable thereafter, tender payment thereof it) the Obliaeet a', (4) Pay the full amount of the above penal sum in complete discharge and exoneration of this Performance Bond, and of all liabilities of the Surety relating hereto. If the Surely so elects m act, all Payments and expenditures by the Surety shall be applied against the above penal stun and in reduction of the limit of liability of the Surety. PROVIDED HOWEVER, Ilial this bond is executed by the Surety and accepted by the Obligee subject to the following expressed conditions' (1) 'Ibis bond is for the term beginning 211312009 ._ and ending 211312010 but may be extended by continuation celli licate executed by the Solely, at the option Of the Surety. (2) Ncither nun -renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligec which is recoverable under this bund. (t) Surety's liability under this bond and all continuation cenincats issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surely as supplements thereto (4) No claim, action, suit Or procccding, except as herein set forth, shall be had or maintained against the Surety on this bond unless samc be brought or inslimted and process served upon the Surely within six ninths following The expiration of the original tern of this bond, or extended term as provided herein. In the event of conflict or inconsistency between the provisions of this Performance Bond and the provisions of the above Conrad, the provisions of this Perfomnance Bond shall control, or the obligation of the Surety be deemed null and void to the extent orany enlargement or augmentation to the liabifilies of the Surety prescribed by this Perf annance Bond. Sealed with our seals and dated this 13th day of February _ _ _ : 20-0.9—_ WI N S. - TRUGREEN LANDCARE, A CALIFORNIA GENERAL PARTNERSHIP (Principal) jVangie minick ✓ By:ile—r�L.n ) -� Y Vivian Carti, Attorney -In -Fact WESIC ,STERFIREINSURAN'E'OMPANY Cynthia Farrell, (Amnmcy-in-Fact) ACCF.P'FED AS -1'O THE OBLIGEE AMES_ n Sandra Diaz Power of Attorne The ServiceMaster Company, ("ServiceMaster"), a Delaware corporation of 860 Ridge Lake Boulevard, Memphis, TN 38120, Federal Employer Identification Number 36- 3858106, hereby constitutes and appoints, jointly and severally, the following employees of certain subsidiaries of Aon Corporation, ("Aon"), as identified below, its true and lawful attorney-in-fact, to execute all surety bonds up to $1,000,000 issued on behalf of ServiceMaster and any of ServiceMaster's subsidiaries. Aon Employee Aon Subsidiary Annette M. Leuschner Cynthia Farrell Vivian Carti Sandra Diaz Susan Welsh Linda Iser Charlene Nakamura KeAna Conrad Aon Risk Services, Inc. Of New York Aon Risk Services, Inc. Of New York Aon Risk Services, Inc. Of Newe York Aon Risk Services, Inc. Of New York Aon Risk Services, Inc. Of Illinois Aon Risk Services, Inc. Of Illinois Aon Risk Services, Inc. Of Southern California Insurance Services Aon Risk Services, Inc. Of Southern California Insurance Services This Power of Attorney shall become effective upon the signing of this document and shall remain in effect until terminated by either party upon ten (10) days notice. This Power of Attorney shall include the following direct and indirect subsidiaries of ServiceMaster and any and all direct and/or indirect subsidiaries that are acquired or formed by the ServiceMaster after the execution of this Power of Attorney: Enti Federal Employer Identification Number American Home Shield Corporation ............ 13-2686654 AmeriSpec, Inc . ................................... 62-1685957 Furniture Medic Limited Partnership ........... 36-4094002 Instar Services Group, L.P....................... 61-1407824 Merry Maids Limited Partnership...............47-0718233 ServiceMaster Residential/Commercial Services Limited Partnership .................. 36-3747477 SM Clean L.L.C. :: ................................ 06-1668984 The ServiceMaster Company.....................36-3858106 The Terminix International Company Limited Partnership .....................36-3478837 TruGreen Limited Partnership d/b/a TruGreen ChemLawn...................36-3734669 TruGreen LandCare L.L.C. or TruGreen LandCare, a California General Partnership ...................... 36-4313318 TruGreen Companies, LLC ......................36-4313320 TruGreen Inc . ...................................... 36-3734601 ServiceMaster Consumer Services, Inc. .........36-3729225 IN WITNESS WHEREOF, the signing party below affirms his/her authority to sign this Designation of Representative and grant the powers contained herein. Dated: 7 a 7 The ServiceMaster Company By: Cristen L. Kogl ce Presiden , Deputy Genera el & Corporate Secretary Dated: 9//7/Ll/ The ServiceMaster Company. By: v C/ Eric R. Zamikoy , as Senior Vice President and Treasurer STATE OF ILLINOIS [Kals���i • • On this Z�day of �vs� , 2007 before me personally appeared Cristen L. Kogl and Eric R. Zamikow, lardwn to me to be the Vice President, Deputy General Counsel & Corporate Secretary and Senior Vice President and Treasurer of The ServiceMaster Company and known to me to be the persons who executed the foregoing instrument and that said instrument was executed for and on behalf of said corporation the uses and purposes therein mentioned. IN W S$ WHEREOF, I have hereunto set my hand and axed my seal this day of"/ ; affixed 2007. Notary P lic OFFICIAL SEAL n, MARQARETK COOK ? My commission expires: i(J NOTARY PUBLIC• STATE OFIWNOIS ; v COMMISSION EXPIRES AU0.16, 2010' CALIFORNIA ALL-PURPOSE ACKN'OWLEDGMENT State of New York County of New York On February 13, 2009 before me, Michael Kubis, Notary Public, personally appeared Vivian Carti 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 New York that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature MICHAEL KUBIS Notary Public, State of New York No. 01 KU6058251 Qualified in Kings County Commission Expires May 7, 20 1� 0 THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 0 ACKNOWLEDGEMENT OF SURETY State of New York ) :ss: County of New York) On the 13th day of February, 2009, before me personally came Cynthia Farrell to me known, who, being by me duly sworn, did depose and say the (s)he resides at New York; NY that (s)he is the Attorney -In -Fact of Westchester Fire Insurance Company the Corporation described in and which executed the above instrument; that (s)he knows the seal of said Corporation; that one of the seals affixed by order of the Board of Directors of said Corporation; and that (s)he signed his/her name thereto by like order. MICHAEL KUBIS Notary Public, State of New York No. 01KU6058251 Qualified in Kings County /I Commission Expires May 7, 201L WESTCHESTER FIRE INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2007 ADATITTED ASSETS BONDS $1,894,333,225 SHORT - TERM INVESTMENTS 44,452,312 STOCKS 162,679,156 REAL ESTATE 0 CASH ON HAND AND IN BANK 120,728,404 PREMIUM IN COURSE OF COLLECTION' 98,484,181 INTEREST ACCRUED 17,354,565 OTHER ASSETS 204,878,044 TOTAL ASSETS $2,542,889,887 LIABILITIES RESERVE FOR UNEARNED PREMIUMS $332,333,628 RESERVE FOR LOSSES 1,288,606,050 RESERVE FOR TAXES 7,568,545 FUNDS HELD UNDER REINSURANCE TREATIES 0 OTHER LIABILITIES 111,449,144 TOTAL LIABILITIES 1,739,957,367 CAPITAL: SPECIAL SURPLUS 178,774.500 CAPITAL: 928,592 SHARES, $4.85 PAR VALUE 4,503,671 CAPITAL: PAID IN 182,133,304 SURPLUS (UNASSIGNED) 437,521,045 SURPLUS TO POLICYHOLDERS 802,932,520 TOTAL $2,542,889,887 ('EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA Joseph E. Corcoran, being duly sworn, says that he is Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 at day of December, 2007 Sworn before me this COMMONWEALTH bF PENNSYLVANIA Notarial Seel bene T. Verratll, Nomry WbRD City Of PMadelphia, PNladelphla ODlatiy My ODmmisslon Expires Nov. 16, 2011 Member, Pennsylvania Assomallon of Notanaa //— /1'.-oz6,// My commission expires .rl d.M1%K&«+b'/v"'S'..Hvl 'ytir atN'<,a,UReSt#� 17ACORD $P.I zSrytj.4'#tmlullAd',Jt'+x,Ji B zm _; a DATE(MM/DD/YVVV) a, CERxTIFICATEOFLIABILIT�YNSUR ANCEt� 02/19/2009 PRODUCER Aon Risk Services Central, Inc. 'PHIS CERI'[FICA 'FE IS ISSUED AS A MATTER OF INFORMATION ONLY Chicago IL Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 200 East Randolph CERTIFICATE DOES NOT .AMEND, EXTEND OR ALTER THE Chicago IL 60601 USA COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE. MAIC# PHONE 866 283-7122 FAX-(847) 953-5390 INSURED INSURER A. Zurich American Ins Co 16535 TruGreen LandCare, LLC 860 Ridge Lake Blvd INSURER D: National union Fire Ins Co of Pittsburgh 19445 INSURER C- Memphis TN 38120 USA INSURER H INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY T IE POLICIES DESCRIBED HEREIN IS SUBJECF TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR A INSR TYPE. OF INSURANCE POLICI'NUMiBER PDA CUHNEI:CTn' OATE(MA1AODAYV) P DATEUMXPIRATION DATE(MMDDAYY) I.IXIITS A NERAL LIABILITY GL0293865604 01/01/09 01/01/12 EACH OCCURRENCE S3,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1,000,000 CLAIMS MADE ® OCCUR PREM115E5(Eaaeeurence) nY one 'r-7.77— enPERSONAL&ADV PERSONAL & ADNJURY $3,000,000 GENERALAGGREGATE SS,0001000 GENE AGGREGATE LIMIT APPLIES PER: ® POLICY ❑ PRO ❑ LOC JECF PRODUCTS - COMPIOP AGG Included A AUTOMOBILELIABILITY BAP2938657-04 01/01/09 01/01/12 COMBINED SINGLE LIMIT ANY AUTO (Ea attlden0 $5,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pcrpc r) HIRED AUTOS BODILY INJURY NON OWNED AUTOS (Per accidew) PROPERTY DAMAGE (Per amidrn0 GARAGE LIABILITI AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGO B EXCESS 'UMBRELLA LIABILITY BE2227065 5176-17U9— EACH OCCURRENCE ©OCNR ❑ CLAIMS MADE umbrella AGGREGATE SS,000, OOO DEDUCTIBLE H RETENTION A A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEILMEMBER EXCLUDED? WC A05 WC293865504 WE 01/01/09 01/01/12 X WO Y LIMITSC STAT07 OTH- FR E. L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EA EMPLOYEE 51,000,0001 Ifys. dcscnb under SPECIAL PROVISIONS E.L. DISEASE-POLICY LIMIT 11,000,000 WOW OTHER DESCRIPI ]ON OF OPERATIONSILOCATIONS/VEHICLESIBXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS TruGreen LandCare, LLC - Branch 6245. City of Rosemead, its elected or appointed officers, officials, employees, agents and volunteers are included under the General Liability policy per attached CG2010 0704 and CG2037 0704 and j Automobile Liability policy with respect to liability arising out of the work performed by or on behalf of + r;;1iJi',gni`P:;Ta&+`iPi44111!t`as:-,y44'u,T'T�7. `v�"1"�`(1ttE';'8�t ",NCELZMON City of Rosemead SHOULD ANY OF TIME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn: City Clerk DATE AI East valley Boulevard BUT Rose Rosemead CA 91770 USA OF THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIM. a DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT , FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY 1 ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 1 AUTHORIZED REPRESENTATIVE ..9 o�!/K .� CO o (L i J Liv IS3' W7L.I�s"&.. .,. p. AMN1I... ;. i O x Attachment to ACORD Certificate for TrDGreen LandCare, LLC The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURED TruGreen LandCare, LLC 860 Ridge Lake Blvd Memphis TN 38120 USA ADDITIONAL POLICIES If a policy below does n INSURER INSURER INSURER INSURER INSURER of include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICYNUMBER POLICY DESCRIPTION POLICY EFFECTIVE DATE. POLICY EXPIRATION DATE LIMITS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS TruGreen LandCare if required by written contract. waiver of Subroation applies to the General Liability, Automobile Liability and workers Compensation policies i? required by written contract with City of Rosemead. General Liability is Primary and Non-contributory if required by written contract. Certificate No : 570033002206 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Rosemead, its elected or appointed officers, officials, employees, agents and volunteers TruGreen LandCare LLC -Branch #6245 1/1/2009-1/1/2012 Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work' CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Rosemead, its elected or appointed officers, officials, employees, agents and volunteers TruGreen LandCare LLC -Branch #6245 1/1/2009-1/1/2012 Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM 0 ZURICH Endorsement PolicX No. Eff. Date of Pol. I Exp. Dale of Pot. Eff. Date of End. Agency No. Addl. Prem. Return Prem. GLO 2938656- 0 1 -0 1 -09 04 01-01-12 01-01-09 30380-000 $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY PRIMARY INSURANCE ENDORSEMENT SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations And Description Of Covered Operations Only those required by written contract. As per written contract. Insured: TruGreen LandCare LLC Information required to complete this Schedule if not shown above will be shown in the It is agreed that such insurance afforded by this policy for the benefit of the scheduled additional insured(s) shall be primary insurance as respects any claim, loss or liability for "bodily injury", "property damage" or "personal and ad- vertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your operations for the additional insured(s) at the location(s) designated above. Any other insurance maintained by the Additional Insured shall be excess and non- contributory with the insurance provided hereunder. Countersigned Authorized Representative U -GL -113-B CW (4/89) Page I of I