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CC - Item 4G - First Amendment to Professional Services Agreement with Evergreen Landscaping for Landscape Maintenance ServicesROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JUNE 28, 2022 SUBJECT: FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EVERGREEN LANDSCAPING FOR LANDSCAPE MAINTENANCE SERVICES On June 11, 2019, the City Council approved a three-year Agreement with Evergreen Landscaping to perform landscape maintenance services for an annual not to exceed amount of $343,740. The existing Agreement with Evergreen Landscaping is set to expire on June 30, 2022. Staff is requesting the City Council to authorize the First Amendment to include a one- year extension to the Agreement for landscape maintenance services to June 30, 2023, and an increase in compensation in the amount of $22,200 for additional landscape maintenance services for an annual not -to -exceed amount of $365,940. On June 11, 2019, the City Council approved a three-year Agreement with Evergreen Landscaping to perform routine landscaping maintenance, including lawn mowing; tree pruning for pedestrian and vehicle clearance; blowing and sweeping of sidewalks and hardscapes; collecting and disposing of litter and debris in parks; edging; trimming and weeding all shrub and ground cover areas; fertilizing trees, turf, shrub and ground cover areas; and performing weed and pest control for the landscaping at City parks, facilities, and the public right-of-way. The current Agreement is set to expire on June 30, 2022. In 2021, the City entered into a five-year licensing agreement with Southern California Edison (SCE) for a potential passive park located in the SCE transmission corridor along Walnut Grove Ave., between Mission Dr. and Wells St. The terms of the agreement require the City to provide landscape maintenance services within the seven -acre corridor including weed abatement. On May 31, 2022, the City Council approved the reinstatement of an in-kind services Memorandum of Understanding (MOU) between the City and Savannah Memorial Cemetery. The services include weed removal and application of herbicide for weed control once per year, and trash and debris pick up twice per month. Currently, landscaping services for the SCE transmission AGENDA ITEM 4.G City Council Meeting June 28, 2022 Page 2 of 3 corridor and Savannah Memorial Cemetery are not included in the Evergreen Landscaping Agreement. To ensure the City is receiving competitive pricing for landscaping services, on May 12, 2022, staff issued a Request for Proposal (RFP) for landscape maintenance services and the City received two bids: Firm (alphabetical order) Location Proposal Amount Evergreen Landscaping Los Angeles, CA $431,301 Mariposa Landscapes Inc. Irwindale, CA $522,084 The submitted cost proposals were approximately 20% to 40% higher than the cost under the current landscape maintenance services Agreement. Due to the significantly higher costs proposals received compared to the lower cost under the current Agreement, staff requests authorization of the First Amendment of the current Agreement with Evergreen Landscaping to include a one-year extension as permissible by the Agreement and the addition of the following necessary landscaping services and associated costs: • Weed abatement and trash/debris removal at the seven -acre SCE Transmission Corridor along Walnut Grove Avenue, between Mission Dr. and Wells St. at an annual cost of $16,800. • Weed abatement and trash/debris removal at the Savannah Memorial Cemetery at an annual cost of $5,400. Total cost increase for the additional landscape maintenance services is $22,200. While Evergreen Landscaping did incur performance issues with their equipment and staffing during the ongoing COVID-19 pandemic, they have assured staff that all issues have been addressed and will be in good standing moving forward. City staff has seen an improvement in their performance and are looking forward to partnering with Evergreen Landscaping to achieve the City's maintenance objectives. STAFF RECOMMENDATION It is recommended that the City Council: 1) Authorize the First Amendment to the Evergreen Landscaping Agreement for a one-year extension (July 1, 2022, to June 30, 2023) for general scope of services per the original contract and increase the contract amount by $22,200 for additional landscape maintenance services for a new total annual amount not -to -exceed $365,940. City Council Meeting June 28, 2022 Page 3 of 3 FISCAL IMPACT Funding for Landscaping Maintenance services is included in the proposed Fiscal Year 2022-23 Annual Budget under the Public Works Department annual maintenance and operations budget, Parks and Open Spaces Division account at the not -to -exceed amount of $365,940 and is funded by General Funds and Gas Tax funds. STRATEGIC PLAN IMPACT None. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: James Lara Public Works Manager Submitted by: Michael Chung, P.E. Director of Public Works Attachment A: Evergreen Landscaping Extension Request and Cost Proposal Attachment B: First Amendment to Landscape Maintenance Agreement Attachment C: Landscape Maintenance Agreement (Evergreen Landscaping) Attachment D: City Council Staff Report — June 11, 2019 Attachment A Evergreen Landscaping Extension Request and Cost Proposal OK Evergreen Landscaping J,ca8YM June 22, 2022 Michael Chung James Lara City of Rosemead 2714 River Avenue Rosemead, CA 91770 mch u ng (a)cityofrosemead.com lara aa)citvofrosemead.oro Hi Michael & James, Please receive this letter as acceptance of a one (1) year contract extension from July 1, 2022 —June 30, 2023. Evergreen Landscaping understands that all terms and conditions will remain the same as per contract ending June 30, 2022. Thank you for the opportunity to continue partnering with City f Rosemead. If you have any questions, please feel free to contact me. Evergreen Landscaping can offer services at the following sites for the said amounts if City of Rosemead would like to add to our existing contract: SCE Easement (Walnut Grove Ave/Mission Dr., SCE transmission corridor) 1 x Month July — September (Serviced 3 X's) 1 x Quarter October — June (Serviced 3 X's) Total of 6 Services a year - $2,800.00 per Service Total Yearly price - $16,800.00 Savannah Memorial Park (9263 Valley Blvd) 1 x Year - Weed abatement (completed before Memorial Day) 1 x Year — Herbicide application after weed abatement 2 x's a Month — Trash and Debris pickup Total - $450.00 per Month Total Yearly price - $5,400.00 Maynor Ramos Director 323.691.7644 mramos@everaneenlandscaoin¢c&com Evergreen landscaping PO Box 15331 Los Angeles, CA 90015 www.evergreerdandscaping-mcom C Attachment B First Amendment to Landscape Maintenance Agreement FIRST AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES AGREEMENT (EVERGREEN LANDSCAPING) This FIRST AMENDMENT ("Amendment') is made and entered into this day of 2022 ("Effective Date"), by and between the City of Rosemead, a municipal organization, organized under the laws of the State of California with its principal place of business at 8838 East Valley Blvd., Rosemead, California 91770 ("City") and Base Hill, Inc. with its principal place of business at 223 E. Adams Blvd, Los Angeles, CA 90011 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." WHEREAS, City and Contractor entered into an agreement on July 1, 2019, for Landscape Maintenance Services (the "Agreement'); and WHEREAS, this Agreement is set to expire on June 30, 2022; and WHEREAS, City and Contractor may mutually agree to extend the term of this Agreement for one additional year; and WHEREAS, City requested Consultant to provide additional landscape maintenance services which were not included in the Original Agreement; and WHEREAS, Section 3.3.1 of the Original Agreement defines Agreement compensation not to exceed Three Hundred Forty -Three Seven Hundred Forty Dollars ($343,740) per fiscal year; and WHEREAS, City and Consultant desire to increase the compensation by Twenty -Two Thousand Two Hundred Dollars ($22,200) to a not to exceed amount of Three Hundred Sixty - Five Nine Hundred Forty Dollars ($365,940). NOW, THEREFORE, the Parties agree as follows: 1. The Agreement shall be amended. 2. Section 3.1.2 of the Original Agreement shall be amended to read as follows: 3.1.2 Term. The term of this Agreement shall be from Effective Date Evergreen Landscaping Page 2 of 3 shown above to June 30, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3. Section 3.3.1 of the Original Agreement shall be amended to read as follows: 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Sixty -Five Nine Hundred Forty Dollars ($365,940) per fiscal year, 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. 4. All other terms, condition, and provisions of the Original Agreement not in conflict with this Addendum, shall remain in full force and effect. 5. The City Clerk shall certify to the adoption of this Addendum and hereafter the same shall be in full force and effect. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized representatives as of the day and year first above written. {SIGNATURES ON NEXT PAGE] Evergreen Landscaping Page 3 of 3 CITY OF ROSEMEAD Ben Kim, City Manager Attest: Date Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman, City Clerk Date EVERGREEN LANDSCAPING. Signature Date Print Title: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: Title: U Attachment C Landscape Maintenance Agreement 'AO 0051 LANDSCAPE MAINTENANCE SERVICES AGREEMENT (EVERGREEN LANDSCAPING) 1. PARTIES AND DATE. This Agreement is made and entered into this _1 st day of July • 201_ 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 Evergreen Landscaping, a corporation, with its principal place of business at 223 E Adams Blvd., Los Angeles, CA 90011 (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 Landscape Maintenance 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 City Wide Landscape Maintenance ("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 Landscape Evergreen Landscaping Page 2 of 11 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 July 1, 2019 to June 30, 2022, with the option of two one-year extentions, at the City's sole discretion, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement 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 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, 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 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 Evergreen Landscaping Page 3 of 11 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 the City. 3.2.5 City's Representative. The City hereby designates the City Manager, 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. 3.2.6 Contractor's Representative. Contractor hereby designates Maynor Ramos, Director, 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 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, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. 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 Evergreen Landscaping Page 4 of 11 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 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 direction of this Agreement insurance coverage as specified in Exhibit D 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. 3.2.12 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, Evergreen Landscaping Page 5 of 11 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. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If specifically requested by City in Exhibit "D" 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. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" 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. 3.2.13.3 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 least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this 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. 3.2.13.4 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 Evergreen Landscaping Page 6 of 11 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 under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed Three hundred forty-three thousand seven hundred forty dollars ($343,740.00) per fiscal year, 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. 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 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. Evergreen Landscaping Page 7 of 11 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require 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: Evergreen Landscaping 223 E Adams Boulevard Los Angeles, CA 90011 Attn: Maynor Ramos Evergreen Landscaping Page 8 of 11 Mires City of Rosemead P.O. Box 399 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Robert Chavez, Public Works 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 Document & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity 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. Evergreen Landscaping Page 9 of 11 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. 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, 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 or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, 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. Evergreen Landscaping Page 10 of 11 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to 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. 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 Evergreen Landscaping Page 11 of 11 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 Parry warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without 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] Evergreen Landscaping Page 12 of 11 CITY OF ROSEMEAD Attest: Ericka Her an ez City Clerk Approved as to Form: Rac I Richman ity A orney 02108 Do ument12 Evergreen Name: Title: '�)t2R-ua� (If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED) By: N EXHIBIT A SCOPE OF MAINTENANCE SERVICES [insert scope] A-1 43 Every een Landscaping Un 0, xuws America Landscape Maintenance Services City of Rosemead Submittal Valid for 60 Days Total pages including cover letter: 19 pages NFE=m Evergreen Landscaping Lie Y Bili% May 29, 2019 Public Works Division City of Rosemead 8838 East Valley Boulevard Rosemead, California 91770 Thank you for allowing us the opportunity to submit our monthly maintenance proposal for the City of Rosemead Landscape Maintenance Services. The possibility of partnering with you is exciting! We have carefully reviewed the RFP provided and have reviewed all sites to be sure that our proposal responds specifically to your expectations. Below are a few items that we understand are essential to you regarding working with your landscape service provider. o Maintain curb appeal through a high level of detail o Provide proactive communication and suggestions o Provide proper irrigation management o Provide fresh designs in areas that need to be upgraded o Review all sites for safety and liability concerns We would appreciate the opportunity to discuss this with you in person to understand any questions or comments you may have in order to earn your business. Thank you again for your consideration! Sincerely May mos Director 323.691.7644 mramos0everareeniandscaging-ca.com <DK WHO WE ARE: !en Landscaping Lie 98@ 5 Evergreen Landscaping is a landscape construction and maintenance company providing services to educational, government, business, retail, resort, and amusement organizations, as well as residential estates, throughout Southern California. With over 15 years of in -field experience, we produce quality landscaping and strong partnerships with our clients. Upon successful project completion, our trained maintenance teams employ water and cost-saving techniques to ensure the year-round health and beauty of your landscape. At Evergreen Landscaping, we pride ourselves on building partnerships that facilitate seamless collaboration throughout the construction process. Fulfilling your needs is our top priority, and our team works with you closely to keep the experience simple and clear. We recognize the value in developing our employees' talents and inspire a culture of empowerment and mutual respect. Our employees work together to provide solutions that diminish costs for our clients. All our field staff is rigorously trained in the latest safety requirements and cutting-edge technology. Evergreen Landscaping has been serving Los Angeles, Ventura, San Bernardino, Orange, and San Diego Counties since 2004. Our capabilities and experience allow us to take on both large and small-scale projects, from design assistance to construction to maintenance. We are headquartered in Los Angeles, California and have C-27 licenses. 3 GDK Evergreen Landscaping u<r stews Mauro Ramos President Maynor Ramos Director Maggy Gomez Account Manager - Berry Andrade Production Manager FOscarCamacho Enhancement Manager Foreman 1 1 1 Foreman 2 2 Laborers 1 1 2 Laborers �*4 SGP 4 M3 >en Landscaping U, tt S+2295 Service Summary 6 employee(s), Monday through Friday Support crew—As needed Turf Mowing and Edging Includes regular shrub pruning, shearing or hand pruning where best utilized Fertilizer applications for turf and shrub areas as needed for health and appearance Weed control may involve a combination of chemical and manual means • Clearance pruning of trees up to 12' 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 Minor landscape pest control applications Client feedback reporting tools Consultative enhancement design using digital renderings Account manager available by smartphone and email Quality Audits using our quality control staff outside of normal crew Management support with 24-hour Emergency response 5 Evergreen Lvidscaping lie B 8*"5 LANDSCAPE MAINTENANCE: The care of your property begins with a solid approach to the basics of landscape maintenance and consistent, proactive communication. Your Evergreen Landscaping Account Manager will provide you with exceptional personalized service. Every city site has its own unique needs and challenges. Through your input, our team will document your priorities and quality expectations on each. This 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 Evergreen Landscaping as an employer. In addition, all employees are uniformed and must pass our onboarding training prior to being hired. Service quality is ensured by Management who review the service performed at your site with a Landscape Quality Audit (LQA). These audits are based on Evergreen'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 the city as we strive to provide an excellent return on your investment. TRAINING & SAFETY: At Evergreen Landscaping the safety of our employees and customers is of paramount importance. We issue each employee personal protective equipment (PPE), and mandate that it be worn at all times while working. We keep current on the latest OSHA guidelines and provide our crews ongoing safety training. In addition, we conduct site specific safety training sessions at the start of service for every new property to ensure the crew establishes safe working practices from day one. ARBOR CARE: Trees are an extremely valuable asset to your landscape, providing climate control, air quality improvements, ecosystem value, and aesthetic benefits. Long-lived mature specimens are often impossible to replace. Rely on our professionally trained tree care specialists for a well-managed 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. A variety of additional services are available including planting, root pruning, special fertilization, insect & disease control, appraisals and supplemental watering. Our plan is to provide you with a comprehensive, easy to follow program based on expert assessment that will protect your trees and investment for years to come. �*4 AGO 6 EXHIBIT B SCHEDULE OF MAINTENANCE SERVICES [insert schedule] m `7 !en Landscaping Monthly Landscape Maintenance Reference Properties Property Name: UPS (United Postal Service) Distributing Centers & Warehouses — Several Locations KCE (Kinder Care Education) Centers — Several Locations SCLARC (South Central Los Angeles Regional Center) — City of LA David Kordanski Galleries — Several Locations 24 Hour Fitness Centers — Several Locations Evergreen Landscaping BID SCHEDULE �a B n5 Service Provider shall use the following rates of pay in the performance of the services: M a g0 Approx. Annual Location Address Acreage Cost 1. Angelus Park 2200 Block of Angelus Ave. 0.25 1800.00 2. Ellis Park 3900 Block of Ellis Ln. 0.35 2400.00 3. Garvey Community Center 9108 Garvey Ave. 1.00 6300.00 4. Garvey Park 7900 Block of Emerson PI. 7.00 37,200.00 5. Guess Park 8555 E. Mission Dr. 0.35 2700.00 6. Klingerman Park 8800 Klingerman Ave. 0.75 3900.00 7. Olney Park 8600 Block of Olney St. 0.35 2700.00 B. Rosemead Community Center 3936 N Muscatel Ave. 1.00 6900.00 Park 9. Rosemead Park / Skate Park 9100 Block of Mission Dr. 18.0 82,800.00 10. Sally Tanner Park 8343 E Mission Dr. 1.00 6300.00 11. Jess Gonzalez Sports 8471 Klingerman Ave. 3.50 18,600.00 complex 12. Triangle Park 800 Block of San Gabriel Blvd. 0.75 3900.00 13. Zapopan Park 3000 Block of Angelus Ave. 6.00 25,200.00 San Gabriel Blvd./Pine Ave., SCE 5.61 30,000.00 14. Jay Imperial Park transmission Corridor 8838 E Valley Blvd. - Exterior N/A 700.00 15. City Hall Landscape 8800 E Valley Blvd. - Exterior N/A 8700.00 16. Rosemead County Library Landscape 9632 Steel St. - Exterior N/A 3000.00 17. Dinsmoor House Landscape 18. Garvey Blvd. - Medians & Parkways and Sidewalk New Ave to Rio Hondo Bridge N/A 6300.00 Cleaning 100' West of Rosemead Blvd. to N/A 1800.00 19. Marshall St. - Medians Hart Ave. 20. Rosemead Blvd. - Medians 10 Fwy to North City Limit N/A 4500.00 21. Rush St. - Medians & Walnut Grove Ave. to San N/A 5100.00 Parkways and Sidewalk Gabriel Blvd. Cleanin 2. San Gabriel Blvd. - Parkways and Sidewalk Hellman Ave. to Rush St. N/A 15,600.00 Cleaning 3. Valley Blvd. - Parkways and Sidewalk Charlotte Ave. to Strang Ave. N/A19,200.00 Cleaning 0 M a g0 Evergreen Landscaping Le,8 95 Approx. Annual Location Address Acreage Cost East side of Walnut Grove Ave. 4. Walnut Grove Ave. East n both hillsides of Interstate 10 N/A 7500.00 Slopes and Medians Fw est side of Walnut Grove Ave. 5. Walnut Grove Ave. West n both hillsides of Interstate 10 N/A 2100.00 Slopes and Medians Fwy 26. Rosemead Blvd. Slopes and est and East sides of Rosemead Blvd., north of N/A 100.00 Medians Interstate 10 Fwy est and East sides of Del Mar 7. Del Mar Ave. Slopes and Ave., south of N/A 100.00 Medians Interstate 10 Fwy West and East sides of San 8. San Gabriel Blvd. Slopes Gabriel Blvd., south pf Interstate N/A 1980.00 10Fw 29. Walnut Grove Ave. Hellman Ave. to Marshall St. N/A 1800.00 medians 30. Walnut Grove Ave. medians Marshall St. to Valley Blvd. N/A 1800.00 31. San Gabriel Blvd. medians est City Limit to State Route 60 N/A 1800.00 Fwy 32. Towne Centre Dr. medians San Gabriel Blvd to Montebello N/A 1800.00 Blvd. 33. Montebello Blvd medians Towne Center Dr. To South City N/A 1800.00 Limit 4. Grand Ave. Easement, Westbound Muscatel Ave. to N/A 3000.00 Sidewalk and Right of Way Rosemead Blvd. (8800-8900) 35. N. Ramona Blvd. Hart Ave. to Rosemead Blvd. N/A 800.00 Westbound easement and (9200=9300) sidewalk Right of Way Burton Ave. to Rosemead Blvd. 36. S Ramona Blvd. easement along Fwy Sound Wall (8600- N/A 6000.00 8900) 7. N San Gabriel Blvd [And Southwest Corner at Garvey N/A 1560.00 ve. CK Evergreen Landscaping Lie : wrz:9s Service Address Annual Cost Rosemead Community 180.00 Recreation Center (RCRC) - 3936 North Muscatel Ave. Color Maintenance The Garvey Center— 9108 Garvey Ave. 450.00 Color Maintenance Public Safety Center— 8301 Garvey Ave. 180.00 Color Maintenance Rosemead City Hall — 8838 East Valley Blvd. 1350.00 Color Maintenance Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any Subcontractor is not to exceed $ 120.00 per hour without written authorization from City Manager or his/her designee. The total compensation for the Services set forth in this Agreement shall not exceed $ 343.740.00 as provided in Section 4 "Compensation and Method of Payment" of this Agreement. TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 343.740.00 Three Hundred Forty -Three Thousand Seven Hundred Forty and 001100 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. 10 Evergreen Landscaping twI"2M 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 from and after the bid opening date, or until a Contract forthe 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. __________ W3 Evergreen Landscaping U"Wns 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 and accept the Total Bid Price as compensation in full for all Wor n er the contract. ABy. 223 E Adams Blvd Signatur Business Street Address Title Maynor Ramos Los Angeles, CA 90011 Type or Print Name City, State and Zip Code Director (323) 691 —7644 Telephone Number Bidder's/Contractor's State of Incorporation: CA Partners or Joint Ventures: Mauro Ramos Bidders License Number(s): C-27 842795 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty 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 0 Evergreen Landscaping LkISCIM LANDSCAPE MAINTENANCE PROPOSAL AGREEMENT: May 29, 2019 This Agreement is entered, into on or around May 29, 2019 by and between Evergreen Landscaping, PO BOX 15331, Los Angeles, CA 90015 hereinafter referred to as "Contractor", and City of Rosemead, hereinafter referred to as "Owner/Agent'. The parties wish to enter into an Agreement to define the terms and conditions under which Contractor will provide landscape maintenance services to Owner, as follows: SERVICES: Contractor agrees to perform the landscape management services as described on the "Landscape Management Specifications", for City of Rosemead hereinafter referred to as the "Property". TERM: The term of this Agreement is for a period of 36 months from the date of execution of this Agreement, with the option to extend for up to two (2) additional one (1) year terms. CONSIDERATION/PAYM ENT: Owner agrees to pay Contractor monthly in arrears for the agreed price on services performed at the Property. Invoices will be sent out on or around the first day of each month for services within that month and shall be due at the end of the month. A late charge of 5% per month shall be charged on all amounts 30 days past due. DESCRIPTION OF WORK: Contractor will furnish all labor, equipment, supervision and tools necessary to maintain the landscape areas in accordance with Exhibit "A" that is incorporated into and made a part of this contract. EXHIBIT C 101 IT, taAl67YAKOU [insert rates & authorized reimbursable expenses] C-1 C* !en Landscaping Lk a saws PRICING Monthly Maintenance Service Maintenance Summary Monthly Price Service Crew Evergreen Landscaping will provide all $28,645.00/M Six (6) Employees labor, tools, equipment, and materials $343,740.00/Y Monday — Friday necessary to perform the specified work. ADDITIONAL SERVICES: Services performed and/or materials delivered, which are not specifically mentioned herein, will be deemed "Extra Work". Extra Work will be billed separately, and all payments are due upon receipt. The performance of and payment for Extra Work are subject to all the terms and conditions of this Agreement. CONDITION OF PROPERTY: This Agreement is based on site conditions at time of bid, consisting of regularly scheduled maintenance. MATERIALS SUPPLIES AND EQUIPMENT: Contractor will furnish all materials, labor, supplies, and equipment necessary to perform the services specified. LAW AND ATTORNEY'S FEES: This Agreement shall be governed by the laws of the State of California. In the event of suit or action commenced to enforce the terms of the Agreement, the prevailing party shall be entitled to attorney's fees and costs, including any appeal. LIABILITY: Contractor is an independent contractor and Owner assumes no liability for injury to Contractor or Contractor's agents or employees, unless such injury is caused by Owner, Owner's agents, servants, or employees by negligence or intentional ads. It is further understood that Contractor is not liable for any damage of any kind whatsoever that is not caused by the negligence of Contractor, its agents, or employees. INSURANCE: Contractor agrees to carry the required insurance as described under "General Conditions" e 14 >en Landscaping Lc Ena 95 NOTIFICATION Of DEFICIENT WORK: If Owner believes Contractor is providing deficient work, Owner agrees to notify Contractor of deficiencies, in writing, within 30 days of said occurrence. If written notice is not received by Contractor within 30 days Owner knew or should have known of deficiencies, Owner agrees to have waived any and all claims to recover past payments and/or rights to withhold present or future payments due under this Agreement. Upon such notification, Contractor agrees to rectify deficiencies within 14 days. If Contractor corrects the deficiencies in accordance with the schedule, it shall not forfeit any amounts due under this Agreement. TERMINATION: It is agreed that either party may terminate this Agreement by giving written notice 30 days in advance. If Owner feels cause of cancellation is due to deficient work (see above section on notice prior to cancelation) by Contractor, it is agreed that the above corrective action shall cancel termination notice. It is further agreed that Contractor may immediately cease performance without termination notice if Owner refuses or fails to pay Contractor according to the terms of this Agreement. LANDSCAPE MAINTENANCE SPECIFICATIONS: Specifications when provided by Owner or Agent shall supersede in which Evergreen Landscaping will perform all work based upon those specifications provided. In the event no specifications are provided, work will be performed according to the following specifications referred to as'Exhibit 'A" and cultural practices current with industry standards. The following specifications shall also serve as an addendum for any items not covered by Owner's/Agent's specifications. LI 15 W3 Evergreen Landscaping ,<#�"s EXHIBIT "A" LANDSCAPE MANAGEMENT SPECIFICATIONS Evergreen Landscaping will provide all labor, tools, equipment, and materials necessary to perform the specified work for Owner or designated Owner's Representative (hereinafter referred to as "Owner"). TURF MANAGEMENT IIf Applicable): A. LAWN MOWING 1. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it on-site in Owner -provided receptacle. 2. 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. 3. Mowing height for all irrigated lawn areas will be no less than 1 W and no more than 2 V2" for a finished cut height unless otherwise requested. Turf will be cut at a uniform height. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns. Clippings will be disposed of on-site in Owner -provided receptacle. B. EDGING AND STRING TRIMMING 1. All sidewalk curb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all trees, shrubs, road signs, guard posts, utility poles, and other obstacles. SHRUB BED MAINTENANCE: A. Landscaped areas will be policed throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas. B. Concrete swales (f applicable) will be kept clear of dirt and debris on regularly scheduled visits. C. Complete trimming, edging, and weeding of all shrubs and groundcover areas will be done on a cyclical basis. Major pruning will be done following flowering or during plants' dormant season. 1. Pruning to be performed by Evergreen Landscaping staff who have been trained and demonstrate competency in proper techniques. 2. Prune shrubbery and hedges at established "maintenance" height. 3. Prune groundcover as required to "contain" perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces. 4. Shaping of plants will occur only where previous practice has been to shape, or as directed. S. Removal of leaves and debris from lawns, planter beds, and walkways as needed. F= -Mg PLANT CARE: ,.en Landscaping Lm R M2"5 A. SHRUB AND PLANT PRUNING (under 10 feet because of insurance restrictions) is included on shrubs, groundcovers, vines, trellised plants, containerized plants, and hedges. B. PLANTERS will have chemical herbicides applied, if needed, to minimize weed growth. TREE CARE: A. TREE PRUNING: All trees will be skirted as needed to allow for pedestrian and vehicle clearance. Low branches will be removed when growth interferes with vegetation within the drip line. Tree ties and stakes shall be inspected regularly and adjusted as needed to support the trees. Tree stakes will be removed from trees when the trunks are able to support themselves. Trees growing next to walkways, driveways, and parking areas shall be trimmed up to a height of 7 feet unless otherwise directed by Owner. All trees less than 14 feet tall will be pruned as part of this Agreement. All trees over 14 feet will be considered extra. Proposals will be generated and sent to Owner/Owner's representative for approval. B. ANSI A300: Standards and ISA Best Management Practices (BMPs) will be followed to encourage proper branching structure and good tree health. IRRIGATION: Evergreen Landscaping will adjust irrigation controllers, bubblers, and drip irrigation as necessary for proper watering and will perform warranty repairs as needed. For any work needed to be completed proposals will be generated and sent to Owner/Owner's representative for approval. MULCH: Mulch will be raked/graded regularly to ensure as much proper coverage. When areas are bare and additional mulch is needed, required or requested per Owner/Owner's representative, a proposal will be submitted. Proposals will be generated and sent to Owner/Owner's representative for approval. `G® 17 <DK !en Landscaping 1:,! "2"S DITIONS: A. Owner is responsible for all costs associated with water B. Contractor will provide uniformed staff supervised by fully trained personnel. Cellular phones and email communications will be in use during regular business hours, and emergency after-hours communication is available. C. Contractor will provide 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. Contractor will carry the following types and amounts of insurance, at a minimum: Comprehensive General Liability $1,000,000 Bodily Injury/Property Damage Liability $1,000,000 Workers' Compensation $1,000,000 Umbrella Excess $1,000,000 Debris generated by landscape activities will be deposited on-site in Owner's container unless other arrangements are made. Mulching mowers will be used where possible. EMERGENCY CALLS: Evergreen Landscaping will respond to all after-hours emergency calls at the rate of $65.00 per hour with a 4 -hour minimum. RAIN DAYS AND HOLIDAYS: A. During rain or extreme weather, crews will not be dispatched. B. Crews will not be on site the following days: Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day. C. When consecutive site visits are missed due to rain or holidays, every attempt will be made to re- schedule maintenance services. D. No credit will be given due to rain days or holidays or any days missed due to no fault of Evergreen Landscaping. IN <C)K Evergreen Landscaping uca 8x795 LIMITS: Time limit for acceptance of this Proposal is 60 days from the Proposal date, as this Proposal is based upon site conditions at the time of bid. Should this Proposal not be accepted within 60 days, another Property visit, and Proposal may need to be provided at Contractor's discretion. ENTIRE AGREEMENT: Agreement incorporates all the terms and conditions which the parties intended to be included herein, and is hereby mutually agreed to be a fully integrated Agreement. Both parties have read this Agreement and fully understand the contents. This contract constitutes the final Agreement between City of Rosemead arc Evergreen Landscaping. Requested service start date: TBD Customer Acceptance Signature Executed by Evergreen Landscaping Prepared By: Maynor Ramos Director 323.691.7644 mramos@cycrovenlandscaoin¢ ca.com Dare Date ♦ 4 19 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: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 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 combined single limit 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 employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall "follow form" to the underlying primary policies. D-1 Insureds under primary policies shall also be insureds under the umbrella or excess policies. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed 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 Vll. General conditions pertaining to provision of insurance coverage by Contractor. Contractorand City agree to the following with respect to insurance provided by Contractor: 1. Contractoragrees 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. 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 D-2 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 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 parry 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) D-3 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, 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. D-4 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 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. D-5 ACORDV CERTIFICATE OF LIABILITY INSURANCEDATE IMMIDDIYYYYI 07/24/2019 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: N the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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 andorsement(s). PRODUCER: Karen Velarde Seelnsured Insurance Services (562)473-4080 .FAX (562)473-4074 _IAICM Ealy _._. _._.__SAC NCI: 17777 Center Court Drive North, Suite 710DAD KESS, certs@beeinsured.co Cerritos CA 90703 INSURED Evergreen Landscaping LLC 223 E Adams Blvd CA 90011-5949 HiscoX Insurance Company Inc. 10200 AmGuard Insurance Company, Inc 42390 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. INSR• 'MOL�SUBR. TYPE OF INSURANCE �POLICYEFF POUCYEXP POLICY NUMBER LIMITS X COMMERCIALGENERALLMOULTY :. EACH OCCURRENCE E 2.000,000 x PR NMU 1�•� J! LLAMSMADE OCCUR ',', MISES )Ea orarrerml $ _' MED EXP(My one person) E 5.000 A Y Y UDC -4180832 -CGL -19 06/05/2019 06/05/2020 PERSONAL A ADV INJURY S 2.ODO•D00 _ GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE—Y�2,000,000 X! POLICY J PEo- I� LOC PRODUCTS -COMPIOP AGO E 2•x•000 OTHER: ! 1 E AUTOMOBILE LNBILffY ' COMBINED SINGLE OMIT $ 1,000000 _ IEa. amdent) — _00 ANYAUTO BODILY INJURY P. Person) S B AUTOS ONLY �' AUTOSULED y Y EVAU038471 :. 05/16/2019 05/16/2020 BODILY INJURY (Per amdenCrS - - HIRED NON -OWNED PROPERTY�AMAGE E AUTOS ONLY AUTOS ONLY '�, (Per amdentl IE UMBREtLALIAB OCCUR EACH OCCURRENCE S �_ �1 EXCESS WB !~ LLAIMSMADE! AGGREGATE---- $ Tt—T� ' DED RETENTIONS $ WORKERS COMPENSATION PER OTH- I,AND EMPLOYERSLMBILM YIN STATUTE ' SER ANYPROPRIETORIPARTNERIEXECUTIVE I E1. EACH ACCIDENT ! E OFFICERIMEMBEREXCLUDED? E]IIN/A! f Imandausy m NN) E.L. DISEASE - EA EMPLOYEE'. $ I DEBCRIPTION OF OPERATIONS W. E . DISEASE - POLICY LIMIT ', $ DEWRIPT OFOPERATIONS/LOCATIONSIWHICLES (ACORD 101, A44itional Remarks Sd ule. may be snaohsd Kmme spam is muimd) Ciryof Rosemead is also listed as additional insured as per CGL E5421 CW (02/14) and waiver of subrogation as per CGL E5402 CW(03/10) with respect to General Liability when required by written contract. Certificate holder is also listed as additional insured as per company form BA 990404 16 and Yarverof subrogation with attached form BA 99 02 09 08 in respects to auto.General liability Insurance shall be primary and non-contributory to any insurance maintained by owner and manager. City of Rosemead 8838 E. Valley Blvd Rosemead, CA 91770 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Karen Velarde 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD �► CERTIFICATE OF LIABILITY INSURANCE1 071241`19 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 policy('as) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terns 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). vRoouceR NAloP, EMPLOYERS CHOICE INS SVCS INC PNDNE c NP: 60)687-4007 =6, ymula(dwkcomp.net 2111 S EI Camino Real #201 Oceanside. CA 92054 nsuweR AFFORDINGCOVERAGE NAN:i INSURERA: AMtrustCompany INSURED Evergreen Landscaping uLauaeRa: sM�RD: NSURERD: 223 E Adams Blvd INSURER E: MED EXP IM one person) $ INSURER F: LOS ANGELES CA 90011 rcoTlnrwTe MI IMmco. REVISION NUMBER: NVYCRAVGJ .ru♦ ,,,w..r .�v...vr... - 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 WI -H 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. NSR LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLN:YNUM M eFF YYYI POLICY F]tP UMRS AUTHOR® REPRIMWAMVE COMMERCIAL GENERAL uiul R Rosemead. CA. 91770 kidibA EACH OCCURRENCE S � f PREMLSES mmen L„ CLNMSMADE ❑OCCUR MED EXP IM one person) $ PERSONALSADVINIURV s GENTAGGRE MIJMr APPLE$PER: GENERALAGGREGATE S PRODUCT$-GOMPfOPAGG S POLICY [:] JEggCT 1:1 LOC S oTHEz UABILRY COMBIAUTOMONIP (E.ay DSINGLE OMIT f bnt BODILY INJURY (Perpenan) S ANYAUTO 80pRV INJURY (PFr BCCidM) f OWNED SCHEDULED AUTOS ONLYAUTO$ HIRED NON-01NNED q PROPERLY DAMAGE s AUTOS ONLY AUTOS ONLY f UMBRELLA LIABOCCUR EACH OCCURRENCE $ AGGREGATE s E]ICESSLUUS CC NAS.MADE DED RETENTION f f WORI®LS COMPDISATNMI X PER OTH- ANTE A AND FJMPLOYERY LIANLRY ANY PROPRIE OR PARTNER EXECUTNE Y© OFFICMMEMBER EXCLUDED] (l dak*y fn NIH NIA SWC1250566 D7118/1g D7/1612D EI EACH ACCIDEN S 1,000-000 EL DISEASE -EA EMPLO f 1-000-000 El DISEASE- POLICY LIMn f1-000-000 Myyru,, de wurate DESC=ON OF OPERATONS Below DESCRBmONOFOPERATIONSILOCANDNSr VEHICLE (ADDRD 101. AddltlonY Ramsks$chMlde, nuy beaWtlMd Emote spreklepu'veE) rCOTIGICATE HOLDER CANCELLATION glgw-zu15OR6'CUHT'ORA I IUN. An ngna reserves. ACORD 25 (2016103) The ACORD name and logo are registered marks of AC41 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rosemead 8838 E Vallev Blvd AUTHOR® REPRIMWAMVE Rosemead. CA. 91770 kidibA glgw-zu15OR6'CUHT'ORA I IUN. An ngna reserves. ACORD 25 (2016103) The ACORD name and logo are registered marks of AC41 Attachment D City Council Staff Report Dated June 11, 2019 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER ,� •� DATE: JUNE 11, 2019 SUBJECT: LANDSCAPE MAINTENANCE SERVICES — AWARD OF CONTRACT SUMMARY The current contract for landscape maintenance services with Mariposa Landscapes Inc. will expire on June 30, 2019. The scope of work for this contract includes lawn mowing; tree pruning for pedestrian and vehicle clearance; blowing and sweeping of sidewalks and hardscapes; collecting and disposing of litter and debris; edging, string trimming and weeding all shrub and ground cover areas; fertilizing trees, turf; shrub and ground cover areas; and performing weed and pest control for the landscaping at the City parks, City facilities and the public right-of-way. A Request for Proposals was circulated to several landscape maintenance providers, and on May 29, 2019, five proposals were received. Staff reviewed the proposals for completeness, understanding of scope of work, methodology, experience and cost; and is recommending the award of a new contract to Evergreen Landscaping in the amount of $343,740 per year. TAFF RECOMMENDATION Staff recommends that the City Council: 1. Authorize the City Manager to enter into a three-year contract with Evergreen Landscaping in the amount of $343,740 per year, with the option for up to two one-year extensions; 2. Appropriate an additional $85,000 in General Funds in the Fiscal Year 2019-20 to cover the cost of the new landscape maintenance contract; and 3. Take such additional, related action that may be necessary. The City of Rosemead currently has 14 parks and several City facilities that require regular maintenance of the surrounding landscaping including City Hall/Civic Center Plaza, Rosemead Community Recreation Center, and Garvey Center. In addition, along many of the City's arterial streets and some collector streets, the City has several median islands, parkway/sidewalk areas, and slope embankments adjacent to the 1-10 Freeway that require regular landscape maintenance. AGENDA ITEM NO. 7.0 City Council Meering June 11, 2019 Page 2 of 3 The scope of work for landscape maintenance services includes the following: lawn mowing; tree pruning for pedestrian and vehicle clearance; blowing and sweeping of sidewalks and hardscapes; collecting and disposing of litter and debris; edging, string trimming and weeding all shrub and ground cover areas; fertilizing trees, turf, shrub and ground cover areas; and performing weed and pest control for the landscaping at all City parks, City facilities and the public right-of-way. On June 27, 2017, the City Council awarded a two-year contract to Mariposa Landscapes Inc. to provide landscape maintenance services to the City. The contract is set to expire on June 30, 2019. Although the current contract allows for up to three one-year extensions, due to certain performance lapses related to Mariposa not providing the required manpower at times which resulted in incomplete or substandard work, staff opted to seek competitive bids from other providers to ensure the City is receiving the best landscape maintenance services available. Staff sent a Request for Proposals to several landscape maintenance providers. On May 29; 2019, the City received five proposals and the results were as follows: RANK CONTRACTOR 1 Evergreen landscaping 2 Merchants Landscape Services 3 Mariposa Landscapes Inc. 4 Brightview Landscape Services 5 Master Landscape & Maintenance LOCATION Los Angeles, CA Rancho Cucamonga, CA Irwindale, CA Gardena, CA Westminster, CA BID AMOUNT $ 343,740 $ 348,204 $ 403,216 $ 413,016 $ 498,320 Staff reviewed the proposals for completeness, understanding of. scope of work, methodology, experience and cost. While all the firms are well qualified to perform landscape maintenance services, Evergreen Landscaping provided the lowest cost proposal, Evergreen Landscaping has 15 -years of experience providing landscape maintenance services, and currently works with the City of Los Angeles. Evergreen also maintains the landscaping for several large private properties, including many locations owned by UPS, Kinder Care Education, and 24-hour Fitness. It should also be noted that the owner of Evergreen Landscaping is a resident of Rosemead,, and who has expressed a personal interest and commitment to ensuring the City's public landscaping is maintained to the highest standards; FINANCIAL REVIEW In recent years, the City has expended . approximately $250,000 per year for Landscape Maintenance Services. However, due to increases in prevailing. wages, the cost for landscape maintenance services has increased significantly, as reflected in the proposals received. The proposed Fiscal Year 2019-20 Budget includes $260,00'0 in Public Works' Parks and Open Spaces Budget for Grounds Repair and Maintenance. Therefore, an additional appropriation of $85,000 in General Funds is requested to cover the cost of the new contract. City Council Meeting June 11, 2019 Page 3 of 3 ENVIRONMENTAL REVIEW Not applicable. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared By: .Rey Alfonso, P.E. Director of Public Works Attachments: A. Request for Proposals B. Evergreen Proposal C. Merchants Proposal D. Mariposa Proposal E. Brigbtview Proposal F, Master Piroposal