CC - Item 4A - Agreement Extension for Landscaping Maintenance ServicesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 4
DATE: FEBRUARY 25, 2014 (/
SUBJECT: AGREEMENT EXTENSION FOR LANDSCAPE MAINTENANCE
SERVICES
SUMMARY
The City of Rosemead provides landscape maintenance services through a contractual
agreement with TruGreen Landcare. The services specified in the agreement include
turf mowing, turf edging, blowing, turf aeration, weed eradication, pest control and
general cleanup for City parks, facilities and public right -of -way areas. The initial
agreement for these services began in March 2009 for a five (5) year term. The
agreement is set to expire at the end of February 2014.
Based on a survey of recent landscape maintenance unit prices in nearby public
agencies, it has been determined that the City's current rate for these services is highly
competitive and that cost savings may not be realized through a competitive bid
process. In considering the existing rates and the high level of service provided by the
current contractor, it is beneficial for the City to extend the agreement for another five
(5) year term. The proposed term of this extension is consistent with other City
maintenance agreements and includes performance provisions to ensure that the City's
high level of maintenance services are continued.
Staff Recommendation
It is recommended that the City Council:
1. Approve the extension of the City's landscape maintenance agreement, and
2. Authorize the City Manager to execute the agreement with TruGreen Landcare
for a fixed annual cost of $236,460 for the first three (3) years, with a City option
to renew for the following two (2) years.
DISCUSSION
The current contract for City landscape maintenance services expires on February 28,
2014. The scope of work in this contract ensures that the City's public facilities and
parks are well- maintained for members of the public. The locations included in this
agreement fall into several categories, including:
nWNO.
City Council Meeting
February 25, 2014
Page 2 of 5
• Community centers and libraries (Garvey 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.)
• Public right -of -way areas (medians, hillsides, parkways)
Project Description
The scope of work in the proposed extension includes the maintenance of landscape
and litter removal at City parks, facilities, and right -of -way areas. To ensure that a high
standard of service is maintained, specifications for the installation of material, the
application of herbicides and fertilizers, and the regular upkeep of landscaped areas are
detailed in the proposed agreement extension. The agreement also contains a
provision requiring minimum staffing levels and allows the City to alter the frequency of
maintenance when necessary. Service levels will be monitored by City staff who will
also review the contractor's required reports of maintenance activities.
Due to the large commitment of personnel and equipment required by the contract, the
term of the proposed agreement extension is for up to 5 years (3 -year fixed term and 2,
1 -year extension terms). Costs during the initial 3 -year term would be set at a fixed
rate. During the extension terms the contractor would be eligible to receive a rate
increase of up to 3 %, based on changes in the Consumer Price Index. These terms are
consistent with the City's other maintenance contracts and are highly cost effective for
both the City and the contractor.
Contractor Performance
During the term of the existing agreement, the current contractor has performed above
expectations in landscape maintenance activities. The contractor maintains public
areas according to the City's schedules, is timely, and provides excellent customer
service. The contractor coordinates well with the City's Public Works Department staff
and has assisted with other non - routine services, including responding to emergency
situations (severe windstorms, accidents, etc.) and participating in other City activities
(City's Annual Public Works Day).
Rate Comparison — Public Agency Contracts Awarded in late 2013
Staff conducted a survey of public agency landscape maintenance agreements
awarded in late 2013. A common method of cost comparison in landscape
maintenance services is known as a "per square foot" rate. However, this cost
comparison may not always yield an "apples to apples" comparison due to variations in
contract requirements and maintenance frequencies. For instance, some cities require
additional maintenance services beyond general turf mowing and trash cleanup,
including irrigation oversight and tree maintenance, among others. These variations
may yield differing rates depending on the services that are included.
City Council Mmling
February 25, 2014
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The rate survey of recently bid landscaping contracts with nearby public agencies is
listed below as a reference.
Agency /Location
Bid Date
Location Type
Square Foot Rate
County of Los Angeles
12/3/2013
Park Facility
$0.1302
Adventure Park
County of Los Angeles
9/10/2013
Park Facility
$0.1139
Belvedere Area Parks
County of Los Angeles
8/13/2013
Park Facility
$0.1022
Ladera Area Parks
City of Newport Beach
7/23/2013
Park Facilities
$0.08486
General Parks Maintenance
City of Rosemead
Current Rate
Park and Open
$0.08743
General Parks Maintenance
Spaces Facilities
City of Wildomar
11/14/2013
Park Facilities
$0.13326
General Parks Maintenance
As indicated in the chart, the City's per square foot rate is currently within the range of
rates offered in recent public agency competitively bid contracts. Based on this
comparison, it is not certain that the City would realize cost savings in pursuing a formal
request for proposal process for landscape maintenance services. Further, the City's
existing budget contemplates that these services will be continued at current contract
rates. If these rates were to increase, it would likely require the appropriation of
additional funds or a reduction in existing service levels in order to maintain current
budget amounts.
Negotiation and Tentative Agreement with TruGreen
Over the last month, staff has worked with representatives from TruGreen to develop a
proposal for the continuation of landscape maintenance services in Rosemead. Based
on these negotiations, TruGreen has tentatively agreed to the following terms:
Unit Costs: All unit costs would continue per the existing agreement including
park locations, median locations, and other right -of -way areas.
Additional Locations: Consistent with the City's practice, the contractor would
assume routine, supplemental landscape maintenance functions (litter removal,
weed eradication) at several locations including slopes (freeway offramps) and
landscaped medians. City crews would continue to oversee management of
these areas as well as more technical maintenance functions (replanting areas,
pesticide applications, and irrigation).
City Council Meeting
February 25, 2014
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The proposed agreement also requires that the contractor will assume
maintenance responsibilities at several new landscaped areas scheduled to open
in 2014 including Jay Imperial Park and new landscaped medians on Walnut
Grove Avenue, Rosemead Boulevard, and in the vicinity of San Gabriel
Boulevard and the State Route 60 Freeway. This is advantageous to the City in
that maintenance costs for these new facilities will not require any additional
funds beyond current budget amounts. The maintenance for these new locations
will be built in to the extension agreement.
Should the City add other new locations (future parks, medians, etc.) they would
be billed at existing unit costs.
• Agreement Tenn: 3 -year initial term with 2 additional 1 -year optional extensions.
• Rate Adjustments: The initial 3 -year term would be for a fixed amount based on
unit costs and square footage. If approved, the extension years (years 4 and 5)
would be eligible for a Consumer Price Index increase, up to a maximum of 3 %.
• Maintenance Locations /Frequencies: Locations and frequencies would continue
per the existing agreement, with minor changes based on current business
necessity (i.e. rototilling of sand in playground areas is not necessary because
sand has been replaced by rubberized surfacing).
• Minimum Staffing Levels: A provision would be added to guarantee a minimum
manpower staffing level of 6 persons in the community, increased from the
current level of 5. This provision will ensure that the City receives adequate
staffing levels in order to maintain City parks and landscaped areas. It also
ensures that TruGreen will not pull its staff members off of City maintenance
activities to work on outside projects or other cities' maintenance contracts.
Based on these items, it is recommended that the City Council authorize the extension
of the current landscape maintenance services agreement with TruGreen Landcare for
up to 5- years.
FINANCIAL REVIEW
Funding for landscape maintenance services is provided through the General Fund and
Gas Tax funds. In Fiscal Year 2014, approximately $265,000 was budgeted for these
services. The proposed extension to the landscaping services agreement is $236,460
annually.
ENVIRONMENTAL REVIEW
This project does not require environmental review.
City Council Meeting
February 25, 2014
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PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process.
Submitted by
Chris Marcarello
Director of Public Works
Attachment 1. Agreement with TruGreen Landcare
Attachment 2. Scope of Services, Locations, and Maintenance Frequencies
Attachment 3. Proposal from TruGreen Landcare
Model Agreement —to use, remove this line, all brackets `( ]" and
repaginate as desired.
CITY OF ROSEMEAD
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this day of
, 20 by and between the City of Rosemead, a municipal
corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California
91770, ( "City ") and [insert Name of Company], a [insert type of entity - corporation,
partnership, sole proprietorship or other legal entity] with its principal place of business at
[insert address] (hereinafter referred to as "Contractor "). City and Contractor are
sometimes individually referred to as "Party' and collectively as "Parties" in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this
Agreement. Contractor represents that it is experienced in providing [insert type of
services] services to public clients, that it and its employees or subcontractors have all
necessary licenses and permits to perform the Services in the State of California, and that
is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the [insert Name of
Project] ('Project') 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 Owner all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional [insert type of
services] maintenance services necessary for the Project ( "Services'). The Services are
more 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 [insert start date] to
[insert ending date], unless earlier terminated as provided herein. Contractor shall
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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 if necessary to complete the Services.
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 Contractors 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, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
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 City's Representative. The City hereby designates [insert Name or
Title], 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 Contract. Contractor shall not accept direction
or orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates [insert
Name or Title], or his or her 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
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of the Services under this Agreement
3.2.6 Coordination of Services. Contractor agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff at all reasonable times.
3.2.7 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. Any employee of the
Contractor or its sub - contractors who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the
Contractor and shall not be re- employed to perform any of the Services or to work on the
Project.
3.2.8 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.
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall maintain priorto
the beginning of and for the direction of this Agreement insurance coverage as specified in
Exhibit D attached to and part of this agreement.
[insert Name of Company]
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3.2. 10 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.
3.2.11 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
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.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in
Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute
and provide to City concurrently with this Agreement a Performance Bond in the amount of
the total, not -to- exceed compensation indicated in this Agreement, and in a form provided
or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.12.2 Payment Bond. If required by law or otherwise
specifically requested by City in Exhibit "B" attached hereto and incorporated herein by
reference, Contractor shall execute and provide to City concurrently with this Agreement a
Payment Bond in the amount of the total, not -to -exceed compensation indicated in this
Agreement, and in a form provided or approved by the City. If such bond is required, no
payment will be made to Contractor until it has been received and approved by the City.
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3.2.12.3 Bond Provisions. Should, in City's sole opinion, any
bond become insufficient or any surety be found to be unsatisfactory, Contractor shall
renew or replace the affected bond within 10 days of receiving notice from City. In the
event the surety or Contractor intends to reduce or cancel any required bond, at leastthirty
(30) days prior written notice shall be given to the City, and Contractor shall post
acceptable replacement bonds at least ten (10) days prior to expiration of the original
bonds. No further payments shall be deemed due or will be made under this Agreement
until any replacement bonds required by this Section are accepted by the City. To the
extent, if any, that the total compensation is increased in accordance with the Agreement,
the Contractor shall, upon request of the City, cause the amount of the bonds to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or
alteration of the Agreement (including, without limitation, an increase in the total
compensation, as referred to above), extensions of time, or modifications of the time,
terms, or conditions of payment to the Contractor, will release the surety. If the Contractor
fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an
admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be
accepted. The surety must be a California - admitted surety with a current A.M. Best's rating
no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer
issuing bonds does not meet these requirements, the insurer will be considered qualified if
it is in conformance with Section 995.660 of the California Code of Civil Procedure, and
proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered underthis Agreement at the rates set
forth in Exhibit C attached hereto and incorporated herein by reference. The total
compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar
amount]) without advance written approval of City's project manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of 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 start of 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.
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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 any
work 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, at seq., and 1770, at seq., as well as California Code
of Regulations, Title 8, Section 16000, 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
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 underthis 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
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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 Contractor to provide all finished or unfinished
Documents and 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 at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
CONTRACTOR:
[Insert Name]
[Insert Address]
[Insert City, State zip]
Attn: [Contact Person]
CITY:
City of Rosemead
P.O. Box 399
Rosemead, CA 91770
Attn: [Insert Name & Department]
Such notice shall be deemed made when personally delivered orwhen 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 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.
3.5.4 Attorneys 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.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City,
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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 or
incident to any alleged acts, omissions or willful misconduct of Contractor, its officials,
officers, employees, agents, consultants and contractors arising out of or in connection with
the performance of the Services, the Project or this Agreement, including without limitation
the payment of all consequential damages 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 any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, agents orvolunteers, 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. Contractors obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents or
volunteers.
3.5.6 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.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to
employ other contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.11 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 ortransferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.12 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
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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.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.14 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.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 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.
3.5.17 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 far Contractor, any fee, commission, percentage, brokerage fee,
gift or other consideration contingent upon or resulting from the award or making of this
Agreement. 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.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee 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.
[insert Name of Company]
Page 10 of [insert last page number of agreement]
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies
that 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.
3.5.20 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.
3.5.21 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 prior
written approval of City. Subcontracts, if any, shall contain a provision making them
subject to all provisions stipulated in this Agreement.
[signatures on next page]
[insert Name of Company]
Page 11 of [insert last page number of agreement]
CITY OF ROSEMEAD
By:
City Manager [UNDER $25,000]
OR Mayor [OVER $25,0001
Attest:
Gloria Molleda
City Clerk
Approved as to Form:
Joseph M. Montes
City Attorney
02/08
DocumenQ
[INSERT NAME OF CONTRACTOR]
[If Corporation, TWO SIGNATURES, President
OR Vice President AND Secretary, AND
CORPORATE SEAL OF CONTRACTOR
REQUIRED]
Title:
EXHIBIT A
SCOPE OF MAINTENANCE SERVICES
[insert scope]
A -1
EXHIBIT B
SCHEDULE OF MAINTENANCE SERVICES
[insert schedule]
LIId
EXHIBIT C
COMPENSATION
[insert rates & authorized reimbursable expenses]
C -1
EXHIBIT D
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet the requirements set forth here, Consultant agrees to amend,supplement orendorse
the existing coverage to do so. Consultant 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.
Consultant shall provide the following types and amounts of insurance:
(Note: verify minimum limit for each coverage with Risk Manager]
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) orthe exact equivalent. Limits are subject to review, but in no event to be less
that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be
satisfied by a non -owned auto endorsement to the general liability policy described above.
If Consultant or Consultant's employees will use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such person.
[Note: may need to delete workers' compensation and employer's liability insurance
requirements for certain sole proprietorships, partnerships, or corporations without
employees]
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.
[Note: If the required limits for general liability, auto and employer's liability are $1
million or less, the following paragraph may be omitted.]
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
D -1
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 Consultant, subconsultants or others involved
in the Work. The scope of coverage provided is subject to approval of City following receipt
of proof of insurance as required herein. Limits are subject to review but in no event less
than $ per occurrence.
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 consultant and "Covered Professional Services" as designated in the policy must
specifically include work performed under this 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
admitted carriers in the state of California and with an A. M. Bests rating of A- orbetter and
a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant 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. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant 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 1 b 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.
D -2
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant'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 Consultant or deducted from
sums due Consultant, at City option.
6. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of
any cancellation of coverage. Consultant 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 Consultant 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. Consultant agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant 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. Consultant agrees that upon request, all
agreements with subcontractors and others engaged in the project will be
submitted to City for review.
11. Consultant 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
Consultant'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 Consultant, which may include reduction or
elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
D -3
12. The City reserves the right at anytime during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
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. Consultant acknowledges and agrees that any actual or alleged failure on the
part of City to inform Consultant 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. Consultant 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. Consultant 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 Consultant'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 Consultant under this agreement. Consultant 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.
D-4
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. Consultant 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
Consultant 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.
Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant 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.
D -5
Landscape Maintenance Agreement
SCOPE OF WORK
EXHIBIT A
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.
H. 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.
IH. 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
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 par 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
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
Warning 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 m 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.
VIM 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
IX. PERFORMANCE DURING RAINY WEATHER
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 thejob 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.
Edla
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.
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.
XHI. 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
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 so 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.
I<
Landscape Maintenance Agreement
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) Jane: 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.
t) All materials must be approved by the Public Works, Public Services
Manager. Quantities used most 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.
17
Landscape Maintenance Agreement
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).
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.
1. Annual Maintenance Schedule
2. Monthly Maintenance Report
3. Weekly Maintenance Schedule
4. Weekly Performance Report
S. Monthly Chemical Use Report
6. Monthly Fertilizer Use Report
7. Pesticide List (if applicable) With EPA Numbers
8. Monthly Green Waste Recycling/ Diversion Report
18
ATTACHMENT B
Parks/ Facilities/ Roadways Maintenance Locations
Parks
Address
Approx.
Acreage
Annual
Cost
1
Angelus Park
2200 Block of Angelus Ave.
0.25
2
Ellis Park
3900 Block of Ellis Ln.
0.35
3
Garvey Community Center
9108 Garvey Ave.
1.0
4
Garvey Park
7900 Block of Emerson PI.
7.0
5
Guess Park
8555 E. Mission Dr.
0.35
6
Klingerman Park
8800 Klingerman Ave.
0.75
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
14
Jay Imperial Park
(12/112014 Start Date)
San Gabriel Blvd /Pine
Avenue, SCE Transmission
Corridor
5.5
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
New Ave. to Rio Hondo Bridge
and Sidewalk Cleaning
5
Marshal St. — Medians
1 00' West of Rosemead BI. to Hart Ave.
6
Rosemead Blvd. — Medians
10 Fwy to North City Limit
7
Rush St.- Medians & Parkways and
Walnut Grove Ave. to San Gabriel Blvd.
Sidewalk Cleaning
8
San Gabriel Blvd. — Parkways and
Hellman Ave. to Rush St.
Sidewalk Cleaning
9
Valley Blvd. — Parkways and
Charlotte Ave. to Strang Ave.
Sidewalk Cleaning
10
Walnut Grove Ave. East Slopes
East side of Walnut Grove Ave on both
hillsides of Interstate 10 Freeway
11
Walnut Grove Ave. West Slopes
West side of Walnut Grove Ave on both
hillsides of Interstate 10 Freeway
12
Rosemead Blvd Slopes
West and East sides of Rosemead Blvd,
north of Interstate 10 Fwy
13
Del Mar Ave Slopes
West and East sides of Del Mar Ave,
south of Interstate 10 Fwy
14
San Gabriel Blvd Slopes
West and East sides of San Gabriel Blvd,
south of Interstate 10 Fwy
15
Walnut Grove Ave — Medians
Hellman Ave to Marshall St
16
Walnut Grove Ave — Medians
Marshall St to Valley Blvd
9/1/2014 Start Date
17
San Gabriel Blvd — Medians
West City Limit to State Route 60
12/1/2014 Start Date
Freeway
18
Towne Center Drive — Medians
San Gabriel Blvd to Montebello Blvd
12/1/2014 Start Date
19
Montebello Blvd — Medians
Towne Center Dr to South City Limit
1211 /2014 Start Date
Landscape Maintenance Agreement
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
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
20
Landscape Maintenance Agreement
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 m 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.
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 $ / 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 B' Swath $ 1000 Linear Ft.
Turf Chemical Edge 12" Swath $ / 1000 Linear Ft.
Turf Aerify $ / 100OSq.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.
21
Landscape Maintenance Agreement
PEST CONTROL
$ / Hour
1 Gal. Shrub
Turf disease /insect spray
5 Gal. Shrub
$ Each
Boom Application
$ 1000 Sq.
Ft.
Hand Application
$ 1000 Sq.
Ft.
Turf Broadleaf Spray
$ Flat
16 Count 4" Flat Annual Color
Boom Application
$_/ 1000 Sq.
Ft.
Hand Application
$ 1000 Sq.
Ft.
Groundcover diseaschnsect 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
$ 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.
FWA140
Landscape Maint. Supervisor
$ / Hour
Pest Control Applicator
$ / Hour
Irrigation Specialist
$ / Hour
Landscape Maint. Leadworker
$ / How
Equipment Operator
$ / Hour
Landscape Maint. Laborer
$ / Hour
PARK AND FACILITY MAINTENANCE $ / Acre/Year
22
ATTACHMENT B
Parks/ Facilities/ Roadways Maintenance Locations
Parks
Address
APprox.
Acreage
Annual
Cost
1
Angelus Park
2200 Block of Angelus Ave.
0.25
2
Ellis Park
3900 Block of Ellis Ln.
0.35
3
Garvey Community Center
9108 Garvey Ave.
1.0
4
Garvey Park
7900 Block of Emerson Pl.
7.0
5
Guess Park
8555 E. Mission Dr.
0.35
6
Klingerman Park
8800 Klingerman Ave.
0.75
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
14
Jay Imperial Park
(121112014 Start Date)
San Gabriel Blvd /Pine
Avenue, SCE Transmission
Corridor
5.5
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
New Ave. to Rio Hondo Bridge
and Sidewalk Cleaning
5
Marshal St. — Medians
1 00' West of Rosemead BI. to Hart Ave.
6
Rosemead Blvd. — Medians
10 Fwy to North City Limit
7
Rush St: Medians & Parkways and
Walnut Grove Ave. to San Gabriel Blvd.
Sidewalk Cleaning
8
San Gabriel Blvd. — Parkways and
Hellman Ave. to Rush St.
Sidewalk Cleaning
9
Valley Blvd. — Parkways and
Charlotte Ave. to Strang Ave.
Sidewalk Cleaning
10
Walnut Grove Ave. East Slopes
East side of Walnut Grove Ave on both
hillsides of Interstate 10 Freeway
11
Walnut Grove Ave. West Slopes
West side of Walnut Grove Ave on both
hillsides of Interstate 10 Freeway
12
Rosemead Blvd Slopes
West and East sides of Rosemead Blvd,
north of Interstate 10 Fwy
13
Del Mar Ave Slopes
West and East sides of Del Mar Ave,
south of Interstate 10 Fwy
14
San Gabriel Blvd Slopes
West and East sides of San Gabriel Blvd,
south of Interstate 10 Fwy
15
Walnut Grove Ave — Medians
Hellman Ave to Marshall St
16
Walnut Grove Ave — Medians
Marshall St to Valley Blvd
911/2014 Start Date
17
San Gabriel Blvd — Medians
West City Limit to State Route 60
121112014 Start Date
Freeway
18
Towne Center Drive — Medians
San Gabriel Blvd to Montebello Blvd
121112014 Start Date
19
Montebello Blvd — Medians
Towne Center Dr to South City Limit
1211/2014 Start Date
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
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
20
February 19
2014 Landscape Maintenance
Watet Management
Arbor Care
Commercial EnbancementSoludons
LandCare Management
www.landcare.com
Joe Espinoza I Branch Manager
John Scott
Public Services Superintendent
Client Job Site Name
7933 Emerson Place
Rosemead, CA 91770
Deu Me. Scott:
Esc uey...
Ph: 626- 377 -9748
Fax: 626- 376 -9176
Pasadena Branch Office
4134 Temple City Blvd
Rosemead, CA 91770
rvrvv.laad<are. corn
Thank you for the opportunity to submit this proposal for continued landscaping services for the City of Rosemead.
TruGreen LandCare would like to offer out current scope of services for the City of Rosemead with some additional scope to
be added at the current projected months of September and December of 2014.
Below are a few items that we understand are essential to you regarding working with your landscape service
providet.
➢ Maintain cutb appeal though a high level of detail
Provide proactive communication and suggestions
➢ Provide proper irrigation management
Provide fresh designs in areas that need to be upgraded
Review property for safety and liability concerns
Please review the enclosed pricing details for your review and consideration. We great appreciate your business to
date and hope to continue for years to come.
Sincerely,
Jo inoza
Branch Manager
✓ Six (6) Crew Members Minimum with Added
Scope. Currently at Five (5)
✓ Turf Mowing and Edging
• Includes regular shrub pruning, shearing or band
pruning where best utilized
• Fertilizer applications for turf and shrub areas as
needed for health and appearance
✓ Weed control may involve a combination of
chemical and manual means
• Clearance pruning of trees up 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 TmPlan design
staff
✓ Certified Arborists overseeing our Arbor Cate
programs
✓ Minor landscape pest control applications
✓ Client feedback reporting tools
✓ Consultative enhancement design using digital
renderings
✓ Account manager available by Smartphone and
MA
✓ Quality Audits using our quality control staff
outside of normal crew
• Local branch support with 24-hour Emergency
response
• Customized Business Plan to map out short and
long tern landscape goals for your property, which
we call "TruPlan ".
The care of your property begins with a sohd approach to the basics of landscape
maintenance and consistent, proactive communication. From our Simi Valley
branch office, your TruGreen LandCme Account Manager will provide you with
exceptional personalized service, as we me only minutes away.
Every property has its own unique needs and challenges. In response, we provide
a unique management process called TruPlan. Through your input, our team will
document your priorities and quality expectations on satellite images, site photos
and plans. This Trulilan approach ensures that we proactively match our services
to your needs today and for years to come.
Our crew members receive ongoing safety training, including weekly tailgate
training sessions, which protect our associates, you as a customer, and TruGreen as
an employer. In addition, all employees are uniformed, screened through E- verify,
and must pass background and drug tests. Service quality is ensured by Regional
Field Auditors who review the service performed at your site with a Landscape
Quality Audit. These audits me based on TruGreen's quality parameters, and what
you have stated is most critical. Our aim is to work with you to improve the value
and beauty of your property as we strive to provide an excellent return on your
investment
Water management is one of the most important elements to the care of your
landscape. Proper irrigation is a careful balance between conservation and
providing enough water for healthy plant growth.
To ensure we get the most from your system, we provide you with a
comprehensive water management program staffed by experienced irrigation
specialists. These technicians will monitor, repair, and manage your system by
providing system analysis, water audits, and customized watering programs.
Leaks are taught quickly to protect you from water loss, and property damage.
Out water audits identify the efficiency of your system and allow us to propose
improvements that will help you lower your operating costs, while protecting
plants, site operations, and infrastructure. We offer a basic review of your
system with your maintenance services. More involved analysis with return on
investment calculations are also available which will incorporate any available
rebates or incentives from your local water authority.
Trees are an extremely valuable asset to your landscape, providing chmate
control, air quality improvements, ecosystem value, and aesthetic benefits. Long -
lived mature specimens are often impossible to replace. Rely on our Certified
Arborists and professionally trained tree care specialists for a well- managed
maintenance program designed to keep trees healthy, strong, and beautiful.
Throughout the year, we will provide clearance pruning for vehicles and
pedestrians and other valuable tree care services. At your request, we can
develop a more involved program based on your arbor care needs. Single or
multi-year pruning programs can be developed that address both your tree cue
and budget needs. A variety of additional services are available include planting,
toot pruning, special fertilization, insect & disease control, appraisals, LEED
credit strategies, and supplemental watering. Other services related to capital
improvements include pre - construction preparations and tree protection. Our
plan is to provide you with a comprehensive, may to follow program based on
expert assessment that will protect your trees and investment for years to come.
Elevating the beauty and performance of your property combines exceptional
maintenance with fresh enhancement ideas from expert consultation. Our
licensed landscape architects and designers are seasoned professionals with
decades of experience in landscape contracting and design.
Working with you, our design team will help optimize your return on your
investment by evaluating the existing landscape, analyzing spending, and
updating current maintenance practices with innovative solutions. We will listen
to your desires and develop concepts for a beautiful landscape that makes a
powerful statement in your primary marketing path and key areas.
Regional designers are equipped with on -line video conferencing at no cost to
you for your convenience. Through this added benefit, our designer can meet
with you and other project stakeholders online to present and discuss projects
and even develop designs before your eyes. Your design will be professionally
installed by our enhancement crews using the proper installation and horticulture
practices to ensure a healthy a beautiful landscape for years to come.
TmPlan is the master planning tool we use to
coordinate our services with you.
Using aerial photos and other maps specific to your site, your TmPlan allows us
Real time infornianoi
to communicate with you graphically about every area of service we provide.
haring
TruPlan also serves as a base for planning, budgeting, and design. With our
design team's assistance, your TruPlan is an effective mechanism for saving you
time, securing satisfaction, and getting the highest return on the landscape dollars
you spend.
Any service area, goal, or business objective can be planned and managed
Business goals identil
through the TmPlm system. Typical TmPlan service areas include Landscape
Maintenance, Water Management, Arbor Care, and Enhancement Solutions like
seasonal color and mulch. In addition, we can provide budgeting and planning
, Budget planning
services as well.
v Short long
Simple on plan mark ups by you of our staff communicate information specific
and term
project P111111ing
to your site and needs anytime, anywhere. Maps can be sent digitally to and from
the field easily with our smart phones, digital tablets, and laptops. This
accurately locates and depicts any service need or issue, ensuring a precise
response by our managers and crews.
TruPlan audits by our designers have saved our clients thousands by identifying
- _ t
waste and neglected opportunities. Manage your budget with short and long-
- -_
teem strategies, control costs, and free up funds for upgrades and special projects
t
through innovative ideas our design team can recommend.
�c0i _
Each of out associates, seasoned employees and new -hues alike, undergo
rigorous operations training. Our Operations Improvement Group has
developed a series of Standard Operation Procedures for the services we
provide. All associates must successfully complete Ails naming prior to
providing services at our client's properties. These training programs are
refreshed annually. This permits us to ensure quality and drive efficiency
allowing us to maximize the value of dollars spent on landscape services by our
clients.
TmGreen LandCare has bilingual supervisors, managers and support staff
that are able to assist our associates at any time. Out training materials and
communications can be found in both languages. We also provide a helpline for
payroll, benefits, and associate concerns that is staffed with bilingual
representatives that can assist with employee concerns. We provide bilingual
communication services to all of our customers. Our written communications
are available to our employees in both Spanish and Portuguese.
As one of the largest landscape maintenance providers in the industry, TmGreen
LandCare has the equipment and purchasing resources to meet your
demands. We are constantly evaluating and modifying our equipment to best
serve our clientele and the demands of each site we service. In -house mechanics,
outsourced equipment vendors and the pooled resources of a nationwide
company keep our equipment fleet operating and at your disposal.
Outside of branch service LQA's, separate regional field auditors and
regional designers review accounts for quality, service performance,
enhancement and cost savings opportunities. Findings and recommendations are
communicated to branch managers and brought to the client for service
satisfaction, improvements and upgrades.
At the discretion of the client, Landscape Quality Audits (LQA's) are
conducted during walk- throughs with our clients or by out account and branch
managers. LQA's specifically evaluate attributes of landscape services provided
such as turf condition, ornamental bed maintenance, flower program, irrigation
system, and general site conditions. These are then returned to our office staff
who enter each into our system with tasks assigned to ensure that our staff meets
service quality needs and standards.
How well we select our associates determines our success and iyour
satisfaction. We ensure staffing success through:
• Talent Acquisition Group
• Pre -hire Criminal and Motor Vehicle Background Checks
• Pre-hire Drug Testing by a third party
• E- Verify: confirms legal status for all employees
• Ongoing operations Training from national and local managers
• Bilingual Communication: One (1) bi-lingual employee is placed at
every site.
Safety is foremost in our company, and is exemplified by our OSHA records and
EMR scores. TruGreen LandCate is accustomed to servicing clientele with
rigorous safety standards and requirements across the nation, such as R&D
laboratories, data centers, and medical /government facilities. Many of these
require minimum performance scores to qualify as their landscape service
provider.
• Pre-Hire Training, and weekly tailgate sessions
• National Safety Department
• Regional and seasonal topics focus for local branches
• Full uniforms and personal protective equipment for all associates
• All trucks are GPS tracked to ensure safe driving practices
Each client is assigned to a local Account Manager at the time of sale. The
Account Manager is directly responsible for quality assurance and operational
oversight of the contract. Our Account Managers are our client's first source for
consultation and response. Therefore, each Account Manager is equipment with
smart phone technology so that they are accessible 24 -7 via ph ne, text, or e-
mail.
We are not put of the ServiceMastee® family of brsnds, and we have no affiliad o with their
company TruGceen GoGreeneF� that provides lawn chentical application sees.
LandCare Management Agreement TRUGREEN LandCare-
TmGreen 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 Matragement
Lawn Mowing
a) For all turf areas, TruGreen LandCare (TGLC) will inspect and police the grounds for fitter 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.
c) Mowing height for all irrigated lawn areas will be no less than 11/2" and no more than 21/a" 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 pattem will be varied where
possible to reduce cutting 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 nub lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary in
maintain a meat and manicured appearance. String trimming will be performed around all trees, shmbs mad
signs, guard posts, utility poles, and other obstacles.
Cleaning of Wallas
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 in entryways, focal points, and high traffic areas.
Planter beds will be groomed to promote an attractive and fresh appearance.
Concrete swales (if applicable) are in 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
penning will be done following flowering or during plant's dormant season.
a) Pruning will be performed by TGLC staff that have been trained and demonstrate competency in proper
pruning techniques. Prune shrubbery and hedges at established "maintenance" height
b) Prone groundcover as required to "contain" perimeter growth in within bed areas where adjacent to walks,
curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beaded of
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 dean appearance.
LandCare Mana &ement Agreement TRUGREEN LandCare
Arbor Care & Pruninn
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, dead, damaged, and diseased portions of the
plant for natural growth development.
a) Cuts will be flush and clean, leaving no stubs or tearing of bark. Major pruning will be done following
flowering or during plant's dormant season.
b) Pruning will be performed by TGLC staff that have been trained and demonstrate competency in proper
ping techniques.
c) Monitor trees that are staked or guyed. Loosen and /or remove supports when appropriate to prevent girdling
of the trunk and encourage root development for support
Ferd&ation
TGLC will provide all labor and materials to fertilize lawn, shrubs, and ground cover to maintain proper nutrient
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 Weed & Pest Control Program
All applications of herbicides or pesticides will be performed order the direction of a California licensed &
Certified Pest Control Specialist All safety precautions will be taken in the handling 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, tore 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.
a) Planting areas will be monitored for insect and disease infestations. Moles, field [nice, ground squirrels,
gophers, and other rodent activity will be monitored. Notification of problems and recommendations for
timely appropriate, control measures will be made.
is Material Safety Data Sheets (MSDS) for all chemicals used on site(s) are available from TGLC to clients in
accordance with EPA and OSHA regulations.
c) TGLC will comply, at all times with requirements for hazardous communications programs. Pest control
specialists are trained and supervised in the safe application, storage, and disposal of chemicals in accordance
with EPA, OSHA, and DPR regulations.
Irigadon FA WMent & 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 differently by owner
or owner's representative.
LandCare Management A;;reement TRUGREEN LandCare -
Clean and adjust the sprinkler system to provide the best coverage possible from your existing system. Turn on
each zone, monitor for leaks or malfunctioning pans, and adjust for proper spray arc and maximum system
efficiency.
Upon inspection, any accidental damage or vandalism caused by others shall be reported to owner promptly.
Repair and /or replacement of any damaged or malfunctioning components beyond TGLC'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.
TGLC will provide uniformed staff supervised by fully trained Supervisors and Area Managers. Radio, cellular
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 liability 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. All extra work will be billed at TGLC's standard
hourly rate unless specifically noted in the
• Trimming of trees over 12' in total height
• Treatment for rodents, snails, diseases, or pests on lawns, trees & shrubs, except as specified
• parking lot maintenance (parking lot sweeping, leaf pickup, litter pickup)
• Aeration, scalping, or renovation of lawn areas
• Correcting pmexisting conditions such w dead or dying plant material requiring remedial work
• Cleaning and /or repairing from acts of vandalism, natural disorders, or acts of God
• Irrigation repairs
Addendum
The Addendum is for additional specifications, requirements, or provisions in addition to the
standard LandCare Specifications above.
Not used.
LandCare Management Agreement TRUGREEN LandCare
THIS AGREEMENT is entered into .20 by and between TruGreen LandCare, a California general
partnership, located at 4134 Temple City Blvd Rosemead, CA 91770, hereafter referred to as the "Contractor," and
City of Rosemead Public Works hereafter referred to as the Ownr or designated Owner's Representative,
hereinafter referred to as "Ownet".
The 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".
2. Start Date: This Agreement shall commence on 2014 and shall renew on an annual basis
unless terminated by either party by providing thirty (30) days or more written notice prior to the end of the then
current term.
3. Consideration /Payment.
a. In consideration for the Contractor's performance described herein, Ownu agrees to pay
Contractor the sum of
LandCare Maa=memt Program Cost
Proposed Monthly Maintenance Cost with Additional Scope - $19,705. Per month
b. PP yments. Invoices will be sent on or about the Iat day 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. and Equipment. Contractor will firmsh all materials, labor, supplies, and equipment
necessary to perform the services specified
6. I . This Agreement shall be governed by the laws of the State of California with venue in the same county
where Contractor's service location is based.
7. Minor Repairs. Contractor is authorized to perform up to 4 worth of repairs not covered by this
Agreement without prior approval of Owner. (If left blank, it is understood that the value will be zero.)
8. Atmmey's Fees. In the event of suit or action commet red to enforce the terms of the Agreement, the
prevailing party shall be entitled to reimbursement of its reasonable expenses, attorneys fees and costs, including
appeals.
9. liability. Contractor is an independent contractor and the Owner assumes no liability for injury to the
Contractor or the Contractor's agents or employees, unless such injury is caused by the Owner, the Owner's
agents, servants, or employees. It is further understood that the Contractor is not liable 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 my damages other than direct damages. This exclusion includes, without limitation, incidental,
consequential, special and punitive damages.
10. Insurance. Contractor agrees to carry worker's compensation, comprehensive public liability, and automobile
insurance in an amount not less dim $1.000.000 in the aovrevate.
LandCare Management Agreement TRUGREEN LandCare-
11. Notification of Deficient Work. If Owner believes Contractor is providing deficient work, Owner agrees to
notify Contractor of deficiencies, in writing, within 10 days of said occurrence. If written notice is not received by
Contractor within 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 order this
Agreement. Upon a notification of deficient work, Contractor agrees to rectify such deficiencies within 14 days to
the extent commercially reasonable. If the Contractor corrects the deficiencies in accordance with the schedule, it
shall not forfeit any amounts 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 cute such breach.
It is further agreed that Contractor may immediately cease performance without termination notice if Owner
refuses or fads to pay 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 prim written notice. Should Owner assign this Agreement to a new Owner or entity, Contractor
may require (i) approval of the credit worthiness 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
Party
14. Agreements Concerning Employees of a Party.
a. Agmements. During the term of this Agreement and for a period of one year thereafter neither party will
call upon any employee of the other party or persons who were employees of the other within the then
previous twelve months, to employ, hire or otherwise interfere with the employment relationships of such
employees, without the prior written approval of the other party; nor will either party directly or indirectly, for
itself or on behalf of or in connection with, any other persons, firm, partnership, corporation, association or
facility, solicit, hire, employ or take away any such employee from the other party. The parties agree that this
provision is for the 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 rights set forth herein, to apply to a court of competent jurisdiction for an injunction
to restrain the offending party from employing 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 expenses incurred by it to enforce the covenant.
15. Complete Amenten t. This Agreement constitutes the entire Agreement of the parties. Both parties have read
this Agreement and fully understand its contents.
TruGreen LandCare Client /Owner Name
By: By-
Name: Name:
Tide:
Branch Manager
Tide:
Date:
, 2014
Date:
List of Locations Ctrrrently Maintained:
Parks
Angelus Pak
Ellis Pak
Garvey Community Center
Garvey Pak
Guess Pak
Klingerman Pak
Olney Pak
Rosemead Community Center Pak
Rosemead Pak
Sally Tanner Pak
Jess Gonzales Sports Complex
Triangle Pak
Zapopan Park
Facilities /Streets
City Hall
County Library (Neat to City Hall)
Dismoor House
Garvey Blvd — Medians & 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 /Hillsides
Rosemead Blvd Medians
Walnut Grove Medians
September 1, 2014
Walnut Grove Ave (Marshall Street to Valley)
December 1, 2014
Jay Imperial Pak
San Gabriel Blvd Medians (West City Limit to 60FWY)
Towne Center Drive (San Gabriel Blvd to Montebello Blvd)
Montebello Blvd (Towne Center Drive to South City Limit)
LandCare Management Agreement TRUGREEN LandCare-
Sample of out