The URL can be used to link to this page

2200 - Mariposa Landscape, Inc - Landscape Maintenance Services E M E ` ° C 5 0 0 2 4 401 LANDSCAPE MAINTENANCE SERVICES AGREEMENT (MARIPOSA LANDSCAPE, INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this 21*\ day of 01. , 2011 (Effective Date) by and between the City of Rosemead, a municipfff organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Mariposa Landscape, Inc. with its principal place of business at 15529 Arrow Highway, Irwindale, CA 91706 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Contractors. Contractors desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Landscape Maintenance services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such ongoing general public works and professional services ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Landscape Maintenance services necessary for the Project ("Services"). The Services and hourly rates 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 MARIPOSA LANDSCAPE, INC. Page 2 of 11 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 Effective Date shown above to June 30, 2019 unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of MARIPOSA LANDSCAPE, INC. Page 3 of 11 the City. 3.2.5 City's Representative. The City hereby designates the Director of Public Works, Michelle Ramirez or her/his 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. 3.2.6 Contractor's Representative. Contractor hereby designates Mr./Ms. Terry Noriega, or his/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 of the Services under this Agreement. 3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Contractors 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. 3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all MARIPOSA LANDSCAPE, INC. Page 4 of 11 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. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing ' apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached proposal (i.e., hourly rates, expenses, etc.), but not to exceed Two Hundred Forty-Six Thousand Two Hundred Eighty-Eight Dollars ($246,288.00) per year. Such payments shall be made on an as-needed basis as directed by the City. 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. MARIPOSA LANDSCAPE, INC. Page 5 of 11 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means 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, 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. Contract shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3)years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7)days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have MARIPOSA LANDSCAPE, INC. Page 6 of 11 been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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: Mariposa Landscape, Inc. 15529 Arrow Highway, Irwindale, CA 91706 Attn: Mr./Ms. Terry Noriega Tel: (626) 960-0196 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Director of Public Works, Michelle Ramirez Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that MARIPOSA LANDSCAPE, INC. Page 7 of 11 City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents&Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors 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 or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse MARIPOSA LANDSCAPE, INC. Page 8 of 11 City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, MARIPOSA LANDSCAPE, INC. Page 9 of 11 benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not 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. 3.5.20 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. 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. MARIPOSA LANDSCAPE, INC. Page 10 of 11 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] MARIPOSA LANDSCAPE, INC. Page 11 of 11 CITY OF ROSEMEAD MARIPOSA LANDSCAPE, INC. A 4Z. . rt. t1 By: -ALA-1 ICK Cr, 7-10-17 Bill R. Manis, City Manager Date Tent Name: teen NOciPl� Attest: Title: Pce` sV er* I1 eaaurer City Clerk Bate [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] /9 J By: 1.- --......_. (AA- /-- Approved as to Form: Name: A(4Dh10 Valenzuela 1141/47 IrRichman / Date Ci y •ttorney Se rek rtk Title: `i Bond No.: 024067574 • Premium:$1,330.00 Liberty fix Mutual. SURETY PERFORMANCE.BOND Bond KNOW ATI. BY THESE PRESENTS,That we, Mariposa Landscapes, Inc. (hereinafter called the Principal),as Principal,and The Ohio Casualty Insurance Company ,a corporation duly organized under the laws of the State of New Hampshire (hereinafter called the Surety), as Surety,are held and firmly hound unto The City of Rosemead ,(hereinafter called the Obligee), in the sum of Two Hundred Forty Six Thousand Two Hundred Eighty Eight and 00/100 ( $246,288.00 )Dollars. for the payment of which sum well and truly to he made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,finely by these presents. Signed and sealed this 17th day of July , 2017 • WHEREAS,said Principal has entered into a written Contract with said Obligee,dated July 10th, 2017 for Landscape Maintenance-RFP-2017-07 in accordance with the terms and conditions of said Contract,which is hereby referred to and made a part hereof as if fully set forth herein: NOW.THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in lull force and effect. NO Stiff, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two(2)years following the date on which Principal ceased work on said Contract Mariposa Landscapes, Inc. '/ Principal INso qJ jPP"4:416 /(4a Wi UU,- e 2 m 1919p o The Ohio Casualty Insurance Company Hl d By id % B. '-.0:AP d B. 3n,Atteras - ac LMS 1075 10/09 T Power of Ato OF ATTORNEY IS NOT VALID ,UNLESS IT IS PRINTED ON C RED BACKGROUND. This Power of Attorney limits the acts of those named M1erein,and they have no authority to bind the Company except in the manner and to the extent herein stated. lu No 7721909 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS By THESE PRESENTS.That The Cho Casually Insurance Company is a corporation duly organzed under the laws of the State of New Hampshire, that :.any Mutual Insurance Company is a corporation duy organized under the laws of the Stale of Massachusetts. and West American Insurance Company Is a corporation duly organized under the laws M toe State of Indiana(herein co leotively ca led toe'Companies),plirslant to and by authority harem sol fortdoes hereby name,constitute and appoint. 1 David B.Sandiford:Jeffrey R.Gryde _ all of the city of Laguna Niguel state of CA each individually if there he more than one named its true and lawful attorney-in-fact to make,execute,sealacknowledge • and deiverfor and on its behalf as surety and as as as and deedany and all undertakings.bonds.retognizances and other surety obligations in pursuance of these presents and shall he as biding upon the Companies as if they have Leen duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power et Attorney has been subscribed by an authorized officer or offoal of the Companies and the corporate seals of the Companies have been affixed thereto Ras 6th day of April 201] T m to 9 The Ohto Casualty Insurance Company m \ _ Llbarty Mutual Insurance Company w t I We&American Insurance Companyul .m 0 .0 C STATE OF PENNSYLVANIA as David M.Carey.Assistem Secretary m A r COUNTY OF MONTGOMERY c. re = OI d pit On this fith day of Apra 2017 before me personally appeared David M.Careywho acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U Fri U O Company, The Ohio Casualty Company, and West American Insurance Company. and That be, as such. being authorized so to do.execute the foregoing instrument for the purposes T W O theremcontained by signing on behalf of the corporations byhmseli as adulyauthorized off d E w > IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarialt Kg f PPennsylvania. theday d yfirst aboveten. 0 Z (Cy. COMMONWEALTH OF 0 J // mf' Ger • Neural sem BY , ry d J ! T.r Pastell .Notary PublicpC m,Commission Excrey mar&le �� 4.1.),.-lay?Sr .rr m a . . . .rt-.nr<s E dig C m This Power of Attorney is made and executed pursuant to and by aathodty of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N a y'4., Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows. £0. to m N 2 ARTICLE IV-OFFICERS-Section 12.Power of Attorney Any officer or ther official of the Corporation authorized for that purpose in writing by the Chairman or the President.and subject 0 c r2 to such limitation as the Chairman or the Resident may prescribe,shall appoint such attorneys-in-fact,asmay be necessary:o act in behalf of the Corporation to mane.eveerie.seal. Zx y o S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligaons. Such attorneysTn-fact theject to the limitations set forth rn then respective 15 E d powers of attorney,shall have full power to bind the Corporation by(heir signature and execution of any such instruerents and to attach thereto the seal of the Corporation. When so A W 8t0 executedsuch hlstm:vents shat be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >_ 9T the provisions 0 this af.Ce may be revoked at any lime by the Board,theChairman.the President or by the officerorofficersgranting such power cr authority �N t . Ly XIII Execution of Contracts-SECTION5 Surety Bonds and Udert kirgs.Any officer of the Company ato zed fur tato rpose in writing by the chairman or the president, E0? > e and subject to such limitations as tne chairman or the president may prescribe,shall appoint such attorneys-infact as may be necessary to act re behalf of the Company to make,execute, i-N O j seal,acknowledge and deter as surety any and all undertakings,bonds.recognmances and other surety obligations. Such attorneysin-fact subject to the limitations set forth in thou C m Z a respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as briding as it signed by the president and attested by tne secretary O IQ Certificate of Deslnation-The President of the Company actingpursuant to the laws of the Company.authorizes David M.Carey,Assistant Secretarytoo appoint such attorneys-in- fact 9 a ilY p Y PP V as may be necessary to act on behalf of the Company to make.execute.seal,acknowledge and deliver as surety any and all untledaGngs,bonds,recognizances and other surety obligations. • Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company.wr appearing upon a certified copy of any power of attorney issued by the Company in rnnnecion w-tb surety bonds,shall be varld and binding upon the Company with the same throe and effect as though manually affixed I. Renee C Llewellyn, the undersigned.Assistant Secretary. The Ohio Casualty Insurance Company Liberty Mutual insurance Company. and West American Insurance Company do hereby certify that the original power of attorney of wheel' the foregoing is a full.true and come copy of the Power of Attorney executed by said Companies is Jo full force and effect and has not been revoked. 17th July 17 IN TESTIMONY WHEREOF.I hhereunto set my hand and affixed the seals of said Companies this day of 20 - 1 L.xl I ' By: Reneec.crew 5t11 Secretary 39 of 200 LMS 12873 022017 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On July 17, 2017 before me. D. Jones, Notary Public (insert name and title of the officer) personally appeared Terry Noriega & David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/iheir authorized capacity(ies), and that by hit/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DJONES WITNESS my hand and official seal. r j NotaryLAngelesI. county ;_ 7 EqY Com �f11B5<91 �N)17------ � � I ""' My Comm Eplies Ma49.1011 Signatures ` T (Seal) J Bond#: 024067574 �L tC. i iberty Premium: Included \fr Mutual, SURETY Bond CONTRACT BOND-CALIFORNIA PAYMENT BOND KNOW N.I.BY THESE PRESENTS,That we, Mariposa Landscapes, Inc. and the The Ohio Casualty Insurance Company ,a corporation organized and existing under Ute laws of the State of New Hampshire and authorized to transact surety business in the State of California,as Surety,are held and firmly bound unto The City of Rosemead ,as Obligee, in the sum of Two Hundred Forty Six Thousand Two Hundred Eighty Fight and 00/100 Dollars( $246288.00 )• for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION ION O1 '1'I Ili FOREGOING OBLIGATION IS SUCH,That WHEREAS,the above-bounden Principal has entered into a contract,dated 10th day of July , 2017 ,with the Obligee to do and perform the following work_to-wit. NOW, THEREFORE, if the above-bounden Principal or hither subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor,Surety will pay for the same, in an amount not exceeding the amount specified in this bond,and also, in case suit is brought upon this bond,a reasonable attorney's fee,to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California,so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed,scaled and dated this 17th day of July 2017 Mariposa Landscapes, Inc. Principal —*I LIVIAXILir No premium is charged for this bond. h is executed in connection with a bond for the performance of the contract. xV INgt,ppp 9 4o0.P° * • o a m The Ohio Casualty Insurance Corftpany / o • X1919 0 avid B. Sanditerd, Aflor y-in-Fact LMa-0Gli£lo/85 • THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limos the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certs!:o No 7721706 Liberty Mutual insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That Tne Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Llbeny Mutual Insurance Company Is a corporation duly organized under the laws of the Slate of Massachusetts. and West Amer can Insurance Company is a corporation duly organ'zed under the laws of the Stale of Indiana(herein colectively se led he Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint David B.Sandiford,Jeffrey R.Gryde all of the city of Laguna Niguel state of CA each individually if there he more than one namedits true and awful attorney in fact to make,execute,sealacknowledge and deliverfor and on its behalf as surety and as its am and deedany and all undertakings,bondsrecognaances and other surety obligations,n pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by lie secretary of the Compan:es in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April Zoll N 9 i The Ohio Casualty Insurance Company a ��' r Liberty Mutual Insurance Company aa II� ,y 1, West American Insurance Company m 0a eBy: it..J z _ _ T C STATE OF PENNSYLVANIA ss David M.Carey,Assistant Secretary m m .% COUNTY OF MONTGOMERY o cc 0 TOn 2his 6th day of April _ 2017 before me personally appeared David^d.Carey.who acknowledved himself to be the Assistant Secretary of Liberty Mutual Insurance U 1.- U U y Company The Ohio Casualty Company and West American Insurance Companyand that heas suchbeing authorized so to do,execute the foregoing instrument for the purposes TW 0 2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer CE 0 >INAPTNESS WHEREOF.I have hereunto subscrbd y d affxd my l seal atKgfP P ylvania,on the day a.d year rrst above wrtten. oa d ; � P SF COMMONWEALTH OFPENNSYLVANIA ppyypF and x a9 a . i.��I.C2cc. diQ <-t A� OQ ✓ I r By. a 0 Teresa Pastella.Notary PubR c 21 al rt�tiro a. y c• ea This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company bberty Mutual y a N, Insurance Company,and West American Insurance Company which resolutions are now in lull force and effect reading as follows: r? m ped ARTICLEIV-OFFICERSSectionthe werof dentorney.Any officer or other official of the Corporation aasmayedlor that purpose in writing by the Chairman or the mane execute aril subed Oe o S to such edge ion as the Chairman or the President may prescnbe.shell appoint such attorneys in fact as may be necessary s act in behalf of the Corporation to mane.execute.seal, 5 N O$ acknowledgeand dehallhasurety an eand all rtouedalungsbondsbytheinmancereandhersuretyobligatisuchchaanin-fooachthetotheItseallonssetforthinteir spectfve 'p2 E y powers of such shall have full power to bind the g Cornet anon by their signature and o by en of any such instruments and to attach thereto the seal of the Corporayon. When so 7,s- e executed.such instruments shall be as binding as if signed by theard,ftc l and attested re by the Secretary.Any power or authority granted to any representative or odorneyuafad under >n W e the provisions of this article may be revoked at any time by the Board,the Chairman.the President or by the officer or officers granting such power or authority $H To• ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer or the Company authorized for that purpose in writing by the chairman or the president. Em and subject to such limitations as the chairman or the president may prescribeshall appoint such attorneysin-fartas may be necessary to ars In behalf of the Company to make,execute de w acknowledge ly 1 all undertakingsbonds,rem ces and other suretyobli ations. Such attorneys fact subject to the limitations set forth In theirn O U rewecyooTtlattorney delivershallhssurely anyowr gn�n g y in Inct Z y executedeuch ntshag ft e have hiilpower to bind the Company nt theirsignature and execution of any such mstumects and to attach thereto the seal of the Company. When so uCO executed smolt instruments shell bewbintliryq matt signed by the president and attested by Na secretary. y . I—T." Certificate bf Dn cessd to acThe n behtthe Company t acting pursuant to the Bylawscknolege Company,authorizes anyitld Cundertakings ndrtakistgst Secrbonds. ry to reoappointsand other suret- IaU mammy be necessary to ad on behalf of the Company to make,execute.seal,acknowledge and deliver as surety any and all undedabngs.bonds.recognrzanees and other surety obligations Authorization-By unanimous consent of the Company's Board of Directors.the Company consents that facsmile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surely bondsshall be valid and binding upon the Company with the sante force and effect as though manuaty affixed. I. Renee C Llewelyn, the undersigned. Assistant Secretary, The Ohio Casuahy Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify Nat the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and I has riot been revoked. 17th July 17 IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this day of ///% /' 20 I I My. Renee C LIe statin Secretary 36 of 200 LM$ 12873 1122017 ' ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 17, 2017 before me, D. Jones, Notary Public (insert name and title of the officer) personally appeared Terry Noriega & David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are subscribed to the within instrument and acknowledged to me that pe/She/they executed the same in 55/hpr/their authorized capacity(ies), and that bypit/ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. c.: Notary Angeles -California WITNESS my hand - d official seal. , _ Commission N Mar29,1 My Comm,Expires 29,2021 Signature A (Seal) EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD REQUEST FOR PROPOSALS RFP 2017-07 LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD 1-1.Scooe of Work The City of Rosemead is seeking proposals from qualified firms to provide landscape maintenance services at various sites throughout the City.. The Project includes furnishing all tools, equipment, services, apparatus, facilities, transportation, labor, encroachment permits, disposal, and materials necessary to perform the specified items of work. 1-2. Description and Location of Work Services Summary The work shall consist of the following maintenance services, but not limited to: ✓ Six (6) crew members minimum • Two (2) crew members minimum during rainy days for trash pick up, and drain checking. Deductions for reduced staffing shall be noted on monthly bills. ✓ Turf mowing and edging ✓ Regular shrub pruning, shearing or hand pruning. All roses shall be dead headed 2 times a year and hard trimmed once a year in the winter. ✓ Fertilizer applications for trees in medians, turf and shrub areas as needed for health and appearance ✓ Weed control via a combination of chemical and manual means (pre -emergent and post -emergent) ✓ Clearance pruning of trees of up to 12 -feet for vehicle and pedestrian clearance ✓ Monitor all planting areas for pets, rodents and disease and propose corrective actions ✓ Dispose and recycle all debris off site ✓ Landscape pest control services ✓ Client feedback reporting tools ✓ Consultative enhancement design using digital renderings • Account manager available via phone and email ✓ Local branch support with 24-hour Emergency response ✓ Pick up all litter & empty trash receptacles in all maintenance locations daily Monday thru Friday Description of Work Turf Management Lawn Mowing a) For all turf areas, the contractor shall inspect and police the grounds for litter and debris prior to each mowing and dispose of it. b) Turf shall 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 shall be no less than 1'/" and no more than 2'/" fora finished cut height unless otherwise requested. Turf shall 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 RFP 2017-07, Page 1 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD bruising, tearing, and shredding are to be prevented. Mowing pattern shall be varied where possible to reduce rutting and compaction of grade. Any excess clippings shall be dispersed and/or collected to prevent damage and unsightly appearance of lawns. d) Aeration, scalping, and renovation of lawn areas once a year. Edging & String Trimming a) All sidewalks curb lines, concrete slabs, tree circles, and bed edges shall be edged as often as necessary to maintain a neat and manicured appearance. String trimming shall be performed around all shrubs road signs, guard posts, utility poles, and other obstacles, Weeds around trees and tree wells shall be chemically controlled. Cleaning of Walks and Hardscapes a) At the conclusions of each visit, walks adjacent to work areas shall be blown clean. b) Garvey Ave. and Valley Blvd, sidewalks shall be blown off 24 -hours or less in advance of street sweeping. c) Skate plaza, basketball courts, tennis courts, walking trails, under bleachers shall be blown off a minimum of three times a week, d) Parking lot is to be maintained which Includes parking lot sweeping, leaf pickup, and litter pickup two times a week Monday thru Friday II. Shrub and Bed Maintenance Landscaped areas shall be patrolled for litter, debris, and throughout the growing season of weeds. Particular attention shall be paid to entryways, focal points, and high traffic areas. Planter beds shall be groomed to promote an attractive and fresh appearance. Concrete swales (if applicable) are to be kept clear of miscellaneous dirt and debris. Complete trimming, edging, and weeding of all shrub and ground cover areas shall be done on a cyclical basis. Major pruning shall be done following flowering or during plant's dormant season. a) Pruning shall be performed by Contractor's staff trained and competent in proper pruning techniques. Prune shrubbery and hedges at established "maintenance" height. Inside and beneath shrubs shall be maintained free of any weeds, leaves, and litter. b) Prune groundcover as required to "contain" perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover shall be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces. c) Shearing of plants shall occur only where previous practice has been to shear, or as directed by City. d) Removal of leaves and debris from lawns, planter beds, and walkways shall be completed throughout the year as needed to maintain a clean appearance. Do not use blowers In any bedded or ground cover areas. e) 1 -inch to 2 -inches of either shredded bark mulch or small chunk bark mulch shall be added to all slopes and bedding areas once a year or as directed by City. f) All Roses shall be hard trimmed, 113 height reduction, once a year by the end of February of each year. Monitor for control of pest and diseases (e.g. rust, powdery mildew, Aphids, Mites) or as directed by City. RFP 2017.07, Page 2 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD III. Arbor Care and Pruning All trees shall be "skirted" as needed to allow for pedestrians and vehicle clearance. Remove lower branches of trees when in conflict with growth of plantings beneath. On trees that are over 12 -feet, only low hanging branches that are considered a hazard to pedestrians or vehicles shall be pruned. All trees less than 12 -feet total height shall be pruned to remove weak, dead, damaged; and diseased portions of the plant for natural growth development. a) Cuts shall be flush and clean, leaving no stubs or tearing of bark. Major pruning shall be done following flowering or during plant's dormant season. b) Pruning shall be performed by Contractor's staff that have been trained and demonstrate competency in proper pruning 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. d) Fertilize all trees. e) Perform weed control in tree wells on Valley Blvd., San Gabriel Blvd., and Garvey Ave, as needed. f) No shrubs shall be hedge trimmed into stark geometric shapes, they should be trimmed via both thinning and heading cuts. IV. Fertilization Contractor shall provide all labor and materials to fertilize lawn, shrubs, and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance. All trees, turf, shrub, and ground cover areas shall be fertilized with specially formulated products including well balanced, slow-release fertilizers customized seasonally by the Contractor. Turf shall be fertilized three times a year, shrubs and ground cover areas shall be fertilized two times a year. Fertilizer product shall be selected based on plant type and season. V. Environmental Weed and Pest Control Program All applications of herbicides or pesticides shall be performed under the direction of a California Licensed & Certified Pest Control Specialist. All safety precautions shall be taken in the handling and application of chemicals as stated on manufacturer's labels. Broadleaf turf weeds shall be treated as needed in the spring and fall with applicable materials. Weeds in shrub, planter beds, ground cover area, tree circles, and sidewalk cracks adjacent to landscaped areas shall be controlled by a manual weeding program or by the use of selective herbicides, Including pre -emergent herbicides. a) Planting areas shall be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity shall be monitored. Notification of problems and recommendations of control measures shall be made in a timely appropriate manner. b) The Contractor is to comply, at all times with requirements for hazardous communications programs. Pest control specialists shall be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations. RFP 2017-07, Page 3 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD VI. Irrigation Equipment and Operation Contractor is to inform the City if the irrigation systems on any sites are not performing efficiently: Controller programs shall be adjusted by City personnel. Upon inspection, any accidental damage or vandalism caused by others shall be reported to the City promptly.. Repair and/or replacement of any damaged or malfunctioning components beyond the Contractors control is to be submitted to the City as an extra. Damage caused to the irrigation system by the Contractor shall be repaired immediately at Contractor's own expense. VII. Color Maintenance Contractor is to change the color of the Rosemead Community Recreation Center (RCRC) building, The Garvey Center building, Public Safety Center building, and Rosemead City Hall building three times a year on February, June, and November or as directed by City staff. Vill, General Conditions Contractor is to provide uniformed staff supervised by fully trained Supervisors and Area Managers. Radio, cellular phone, and pager communications are to be provided and In use during regular business hours and emergency after-hours communication Is also to be available. Contractor is to inspect site(s) on a regular basis and problems, if found, are to reported to the City. Written, comprehensive inspection reports are to be provided at meetings scheduled one time per week with Public Services and Contractor Supervisor. Debris generated by landscape activities are to be removed from the site unless otherwise directed. IX. Work Performed at an Additional Fee Extra work will need to be authorized by the City. All extra work is to be billed at the Contractor's standard hourly rate unless specifically noted. Extra work is considered as: • Correcting pre-existing conditions such as dead or dying plant material requiring remedial work. • Cleaning and/or repairing acts of vandalism, natural disasters, or weather damages. • Irrigation repairs not caused by the Contractor. • Re -seeding bare turf areas. • Trash/litter pick-up in parks during days not specified in scope of work (e.g. weekends during summer months) Location of the Work Notice is hereby given that the City of Rosemead will receive bids for the furnishing of Landscape Maintenance Services, "Contractor', for all City Landscape sites as listed below. The bid is for service and supplies. Following Is a list of each building location to be Included in this Request for Proposal and Qualifications: RFP 2017-07, Page 4 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD Sidewalk Cleaning 22. San Gabriel Blvd. — Parkways and Sidewalk Hellman Ave. to Rush St. Cleaning 23. Valley Blvd. — Parkways and Sidewalk Charlotte Ave, to Strang Ave. Cleaning 24. Walnut Grove Ave. East Slopes and East side of Walnut Grove Ave. on both hillsides of Interstate 10 Fwy 27. Del Mar Ave. Slopes and Medians West and East sides of Del Mar Ave., south of Interstate 10 Fwy 28. San Gabriel Blvd. Slopes West and East sides of San Gabriel Blvd., south Sidewalk Right of Way 35. N Ramona Blvd. — Westbound Easement Hart Ave. to Rosemead Blvd. (9200-9300) RFP 2017-07, Page:5 Bid Schedule 15529 ARROW HIGHWAY.IRWIINDALE CA 91706 4 .COMPACTORS UCENSE NO.597268 A C-27.D-49 TEL 626.960.0196 FAX 626•960.8477 www.Mariposo-Ca.corn Page 179 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD BID SCHEDULE Service Provider shall use the following rates of pay in the performance of the services: Approx. Annual Cost Location Address Acreage 1. Angelus Park 2200 Block of Angelus Ave. 0.25 $1,068.00 2. Ellis Park 3900 Block of Ellis In. 0.35 $1,500.00 3. Garvey Community Center 9108 Garvey Ave. 1.00 $4,272.00 4. Garvey Park 7900 Block of Emerson PI. 7.00 $29,916.00 5. Guess Park 8555 E. Mission Dr, 0.35 $1,500.00 6, Klingerman Park 8800 Klingerman Ave. _ 0.75 $3,204.00 7. Olney Park 8600 Block of Olney St. _ 0.35 $1,500.00 8. Rosemead Community 3936 N Muscatel Ave. 1.00 $4,272.00 Center Park 9. Rosemead Park I Skate 9100 Block of Mission Dr. 18.0 $76,920.00 Park 10. Sally Tanner Park 8343 E Mission Dr. 1.00 $4,272.00 11. Jess Gonzalez Sports 8471 Klingerman Ave. 3.50 $14,952.00 Complex 12. Triangle Park 800 Block of San Gabriel Blvd. 0.75 $3,204.00 '13. Zapopan Park 3000 Block of Angelus Ave. 6.00 $25,644.00 14, Jay Imperial Park San Gabriel Blvd./Pine Ave., SCE 5.61 $15.476.00 Transmission Corridor Location Address Annual Coat 15. City Hall 8838 E Valley Blvd.-Exterior Landscape $1,780.00 16. Rosemead County Library 8800 E Valley Blvd.-Exterior Landscape $1.272.00 --- 17. Dinsmoor House 9632 Steel St.-Exterior Landscape 51,240.00 18. Garvey Blvd.-Medians& New Ave to Rio Hondo Bridge g7 696.00 Parkways and Sidewalk Cleaning 19. Marshall St.-Medians 100'West of Rosemead Blvd.to Hart Ave. $548.00 20. Rosemead Blvd. - 10 Fwy to North City Limit $1,440.00 Medians -- 21. Rush St.-Medians & Walnut Grove Ave.to San Gabriel Blvd. IIgt236 00 Parkways and Sidewalk Cleaning 72. San Gabriel Blvd.- Hellman Ave. to Rush St. Parkways and Sidewalk $732.00 Cleaning - 23. Valley Blvd.-Parkways Charlotte Ave.to Strang Ave, $1.21600 and Sidewalk Cleaning 24. Walnut Grove Ave.East East side of Walnut Grove Ave. on both hillsides $1,860.00 Slopes and Medians of Interstate 10 Fwy 25. Walnut Grove Ave.West West side of Walnut Grove Ave. on both hillsides $11,040.00 Slopes and Medians of Interstate 10 Fwy 26. Rosemead Blvd. Slopes Nest and East sides of Rosemead Blvd., north of $7908.00 and Medians nterstate 10 Fwy 27. Del Mar Ave. Slopes and West and East sides of Del Mar Ave., south of 88,880.00 Medians Interstate 10 Fwy 28. San Gabriel Blvd. Slopes West and East sides of San Gabriel Blvd., south $7.94400 of Interstate 10 Fwy RFP 2011-07,Page 12 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD 29. Walnut Grove Ave.— Hellman Ave. to Marshall St. $688.00 Medians -- 30. Walnut Grove Ave. — Marshall St.to Valley Blvd. $740.00 Medians -- 31. San Gabriel Blvd.— West City Limit to State Route 60 Fwy 5824.00 Medians 32. Towne Center Dr.— San Gabriel Blvd to Montebello Blvd. $77s.00 Medians 33. Montebello Blvd. — Towne Center Dr.to South City Limit g2,940.00 Medians 34 Grand Ave.—Westbound Muscatel Ave.to Rosemead Blvd. (8800-8900) Easement and Sidewalk $944.00 Right of Way 35. N Ramona Blvd.— Hart Ave.to Rosemead Blvd.(9200-9300) Westbound Easement and $620.00 Sidewalk Right of Way _- 36- S Ramona Blvd — Burton Ave.to Rosemead Blvd.(Along Fwy $876.00 Easement Sound wall,8600-8900) _ 37. N San Gabriel Blvd. and Southwest Corner $728.00 Garvey Ave. _. Service Address _ Annual Coat Rosemead Community 3936 North Muscatel Ave. Recreation Center IRCRC)— 5150.00 Color Maintenance Garvey Center—Color 4108 Garvey Ave. $150.00 aintenance PublicSafetyCenter—Color :301 Garvey Ave. $150.00 aintenance Rosemead City Hall—Color /838 East Valley Blvd. $18090 Maintenance Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $N/A-$0.00 per hour without written authorization from the City Manager or his designee. The total compensation for the Services shall not exceed$246,288,00 per year as provided in Section 4"Compensation and Method of Payment'of this Agreement. TOTAL BASE BID PRICE(SCHEDULE BID PRICE): $246,288.00 Two Hundred Forty Six Thousand Two Hundred Eighty Eight and 00/100 Dollars Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. REP 2011.07,Page 13 \I,, : City of Wpm Seead %MoP IRO 11BI: la I \ \lilt lit II if\ SRO I•r i ffr \ :+. (111'(II IIIMBrRS' Nl rl \II \ I , \I IIuN\I\••1"• ADDENDUM No. 1 LANDSCAPE MAINTENANCE SERVICES RFP 2017-07 (Bid Opening Date: May 31, 2017 at 10:00 am) To All Prospective Bidders: Please note the following revisions on the specifications for the above project: ALSO. NOTICE IS HEREBY GIVEN That the City Staff will conduct a mandatory pre-bid meeting at the Public Work Corporate Yard at 2714 River Avenue. Rosemead, CA 91770 on May 24th, 2017 at 10:00 a.m. The addendum No. 1 forms a part of the Contract Documents for the above described project and shall supplement or supersede referenced sections of original plans and specifications. This Addendum No. 1 must be signed by the Bidder and submitted along with the Bidder's Proposal. Failure to acknowledge receipt of addendum will disqualify the Bidder. BY ORDER OF THE CITY OF ROSEMEAD Date: May 18. 2017. Rafael M, Fajardo City Engineer Acknowledgement: Bidder: Mariposa Landscapes, Inc Date: 05/18/2017 Title: Terry Noriega, President/Treasurer �� Page 1of1 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids tram and after the bid opening date.or until a Contract for the Work is fully executed by the Owner and a third party.whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price.the written amount shall govern. If awarded a Contract, the undersigned agrees to execute the formal Contract,which will be prepared by the Owner for execution, within five(5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15)or under the Cartwright Act(Chapter 2 of Part 2 of Division 7 of the Business and Professional Code),arising from purchases of goods,materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders'final payment to the Contractor. Bidder understands and agrees that,when requested by Owner,he shall provide.(1)evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2)evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith Into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. S. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor,materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted,the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds andcceft pt the Total Bid Price as compensation in full for all Work under the contract. By: •_ -�`-v 15529 Arrow Highway Signature Business Street Address Terry Noriega Irwindale, CA 91706 Type or Print Name City. State and Zip Code President/Treasurer (626)960-0196 Title Telephone Number Bidder's/Contractors State of Incorporation California Partners or Joint Ventures' RFP 2011-07,Pana 10 REQUEST FOR PROPOSALS LANDSCAPE MAINTENANCE SERVICES CITY OF ROSEMEAD Bidder's License Number(s): 592268 NOTES: 1) By its signature on this Bid,the Bidder certifies under penally of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation.enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint ventures. • END OF SECTION• RFP 2017-01,Page 15 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend,supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf'basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subContractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million 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 B-1 omissions of the Contractor 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- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured B-2 endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. B-3 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this B-4 agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. B-5 AGO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `.---5 7/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policylles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Benita Hall, CISR NAME. Landscape Contractors (Lic#0755906) PL NNacio.. (559)650-3555 FAN - Issel 650-35Se Insurance Services, Inc. E.mAIL bhall@lcisine.com _ADDRESS' _. -. 1 -- 1835 N. Fine Avenue INSURE_R(S)AFFORDING COVERAGE I MAX* Fresno CA 93727 _ INsuRERA Atlantic Specialty Insurance 27154 INSURED INSURER B NavigatOrS Specialty Ins Co 36056 -- Mariposa _Mariposa Landscapes Inc wsumsam _ 15529 Arrow Highway INSURERD: INSURER E: Irwindale CA 91706 INSURERF COVERAGES CERTIFICATE NUMBER:17/18 Pkg L Auto REVISION NUMBER: 711s IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TUM CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR LTR TYPE OF INSURANCE II`�n SUB/ POLICY NUMBER IMMIDEr/YYYI (MMIcONTCYSY) LIMITS SRPOLICY EFF X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 GEt P,-NTEtD A MS-MNO X OCGR SFS IEoccur-erre) $_ 500,000 X 1618-00-11-21-0001 4/1/2017 4/1/ 1 v DE IM erz $ 5,000 Xf 91,000 Pd Ded Blanket Contractual PERSONAL, AC'IN.lifY $ 1,000,000 GCi'_AGO REGA1r'...NI•;APPL ES PER Liab it Sty ':OLN;DAL AGGREGATE $ 2,000,000 C X _EGr nPM ,LOG APR C CT -COMP/OPACC $ 2,000,000 0TDER :Bfil $ 1,000,000 AUTOMOBILE LIry � BIDED t LE`w $ 1,000,000 A X� uTG'.Y —I I BODILY N soul $ NECALL EL E ' 618-00-11-21-0001 4/1/2017 4/1/2018 R I: $ YNC PRO E r DAMAGE- $ PFL,.wroX �1 p L 1 S Un•rvred Mohs)(*m0 neo $ 1,000,000 ' X UMBRELLA LIAR X OC:OP BACH OCCURRENCE .$ 5,000,000 B EXCESS LIAR CLAIMS M.A)E ' AGGREGATE $ 5,000 000 I DEG *1-NI Cn5 SF17EXC8406141C 4/1/2017 4/1/2018 $ :WORKERS COMPENSATIONOTH- ANOEMPLOYERS LI BILLY .. . S IATLITE ER _ ' . Y/N IAa 2EroRF6EUT NIP I(mandatory 1 F D E EMP cL $• '.CES_PA J.01 or_e.. DOLS b>o% I F L DISEASE-ROLM,'l MIT $ Rented/Leased Equipment 618-00-11-21-0001 4/1/2017 4/1/2018 I 'MCod$500 $300,000 Scheduled Equip 618-00-11-21-0001 4/1/2017 4/1/2018 L TateUed$SCO 93,762,565 DEMCFSPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACOR(1101,Additional Remarks Schedule,may be Ruched if more Waco la required) RE: All landscape operations performed by or n behalf of the named insured Primary Insurance; Blanket Additional insured per attached OBPGGL04340414 City of Rosemead its official's employees and agents (Excluding Professional Liability) are named as additional insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 8838 E Valley Blvd ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 399 Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE B ::a11, CISB,/H5ALNZ "c G : .i-=kCeL.l2{' Oe 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 rauc:l COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Paragraph 2. In SECTION II -WHO IS AN INSURED. Any person or organization you are required by written contract or agreement to name as an additional insured subject to the following: Any such person or organization must be approved in writing by us as an additional insured. Coverage for such person or organization will begin on the date of our approval. a. No such person or organization is an additional insured for your acts, errors or omissions if such acts, errors or omissions are not also covered under such person or organization's liability insurance. b. No such person or organization is an additional insured for"bodily injury" or"property damage" for acts, errors or omissions of any additional insured. B. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to SECTION III -LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance. a. Required by the contract or agreement, or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement does not increase the applicable Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to the additional insureds under Paragraph A. above, Paragraph I. Damage To Your Work in Paragraph 2. Exclusions of COVERAGE A — BODILIY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I—COVERAGES is replaced by the following This insurance does not apply to I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". D. With respect to the insurance afforded to the additional insureds under Paragraph A. above, The following is added to Paragraph 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is pnmary if required by the contractor agreement. If there is no such requirement, this insurance will be excess and paragraph b. Excess Insurance applies. OBPG GL 0434 0414 Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 2 Copyright, OneBeacon Insurance Group, 2014 COMMERCIAL GENERAL LIABILITY E. Wtth respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Howeverwe will waive our rights to recover against any additional insured for payments we make for injury or damage arising out of. a. Your ongoing operations, or b. "Your work" done under the contract or agreement and included in the "products completed operations hazard"' if such waiver is required by the contractor agreement. Policy Number'. 618-00-11-21-0001 Name Insured: Mariposa Landscapes Inc This endorsement is effective on the inception date of this policy unless otherwise stated herein- Endorsement Effective Date. 07-13-2017 OBPG GL 0434 04 14 Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 2 of 2 Copyright,OneBeacon Insurance Group, 2014 ACRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 07/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Global Risk, LLC WCC,,"NoESIP, 310-514-8425. lac Nol 310-514-8688 800 N. Wilshire Blvd., Second Floor ADMDRESS: certs@globalriskcap.com Los Angeles, CA 90017 --- INSURER(S)AFFORDING COVERAGE NAIL a License#0L60361 INSURER A:Sentry Casualty Company 28460 INSURED INSURER B: Mariposa Landscapes, Incorporated INSURER C: 15529 Arrow HighwayINSURER o: ' Irwindale, CA 91706 INSURER E'. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI ADDL SUBR ---- POLICY EFF POLICY EXP -LTR TYPE OF INSURANCE NSD VfVD POLICY NUMBER IMMIDO/YYYY) IMMIDDIYVYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ D CI AIMS-MADE OCCUR PREMISES(EaEoccurrence] rrnc] $ • MED EXP Any one person) i $ PERSONAL S ADV INJURY $ • GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ - • POLICY IE8TCJI. LOC I PRODUCTS-COMP/OP AGG4$ _ . . OTHER ' $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) E ANY AUTO BODILY INJURY(Per person) $ ALL OWNED I SCHEDUI FO BODILY INJURY(Per accident){S AUTOSaAUTOS ' NON-OWNED PROPERTY DAMAGE HIRED AWOS AUTOS I Peracmdens $ I $ UMBRELLA LIB OCCUR EACH OCCURRENCE .$ H_ EXCESS LIAR I CWMSJOADE • AGGREGATE IS DED RETEN HON$ I $ A WORKERS COMPENSATION ' V 90-20720-01 04/01/17 04/01/18 x PTFTUTE `_ . 1DETTH- AND EMPLOYERS LIABILITY ANYPROPRICTORmARTNERExECUTIV VI" E EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED' Y NrA. — - — - (MandatoryinNH) EL DISEASE-EA EMPLOYEE $ 1,000,000 oy dearndeonder EBOWPnoN OF OPFRATIONs below F i DSEASE-Poucv LIMIT $ 1,000,000 DESCRIPTOR OF OPERATIONS I LOCATIONS r VEHICLES (AMR!) dd 101,AIlonal RemM as Schedule,may be attached It more(AMR!) space Is required) Job: Landscape Maintenance Services WC Waiver of Subrogation applies per WC 000313 0484 attached. CERTIFICATE HOLDER CANCELLATION City of Rosemead SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 8838 E. Valley Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 399 ACCORDANCE WITH THE POLICY PROVISIONS. Rosemead, CA 91770 AUTHORIZED REPRESENTATIVE oAcvL, feeOMjit I ©19882014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 0000 SENTRY CASUALTY COMPANY Carrier Code No. 37877 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER: 90-20720-01 00 171 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. ) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 (Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. MAR 90-20720-01 00 171 MARIPOSA LANDSCAPES INC 03-22-17 PAGE 001