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2400 - Four Seasons Landscaping - Landscape Maintenance ServicesC2 77 01 CITY OF ROSEMEAD AGREEMENT FOR SERVICES LANDSCAPE MAINTENANCE SERVICES (FOUR SEASONS LANDSCAPING) 1. PARTIES AND DATE. This Agreement is made and entered into this day of Y 20;o� 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 SGD Enterprises DBA Four Seasons Landscaping, with its principal place of business at 14937 Delano Street, Van Nuys, CA 91411 (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 Citywide 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 SGD Enterprises dba Four Seasons Landscaping furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Landscape maintenance services necessary for the Project ("Services"). The Services 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, 2024 to June 30, 2027, 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 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 A-2 SGD Enterprises dba Four Seasons Landscaping the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Eytan Darrison 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. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification A-3 SGD Enterprises dba Four Seasons Landscaping provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain 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. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable 'public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. ISM SGD Enterprises dba Four Seasons Landscaping 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at 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. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundrend Sixty Five Thousand Five Hundred Dollars ($665,500) 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 A-5 SGD Enterprises dba Four Seasons Landscaping 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. 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 ON SGD Enterprises dba Four Seasons Landscaping 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: SGD Enterprises DBA Four Seasons Landscaping 14937 Delano Street Van Nuys, CA 91411 Attn: Stephen Darrison, President CITY: City of Rosemead 8838 E. Valley Blvd Rosemead, CA 91770 Attn: Noya Wang, Director of 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 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 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 A-7 SGD Enterprises dba Four Seasons Landscaping from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, 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. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their ein SGD Enterprises dba Four Seasons Landscaping 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. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to 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 benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action SGD Enterprises dba Four Seasons Landscaping Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] Mrs. SGD Enterprises dba Four Seasons Landscaping CITY OF ROSEMEAD By: Ben Kim Manager Attest: E,ricka E eixaanrd City-G%rk Approved as to Form: Rachel Richman, City Attorney A-11 SGD Enterprises By: 4� Name: E fion Dcrr-'Son Title: (/i U, Pr-eS "dp1t f - [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: Name: ),,, P- _Prr-r ISU1 Title: see-re'4'4r-1 SGD Enterprises dba Four Seasons Landscaping EXHIBIT A SCOPE OF MAINTENANCE SERVICES [insert scope] A-12 E 4 - k a '•f � K h�rr.�t� .�� 0 CAPE MAINNANCE IS RFP 2024-15 emead Various Parks & S May 2111, 2024 0 FOUR SEASONS LANDSCAPING - May 28, 2024 City of Rosemead Public Works SGD ENTERPRISES FOUR SEASONS LANDSCAPING 14937 DELANO STREET, VAN NUYS, CA 91411 (323)658-1047 CSBL#662720 DIR#1000594916 Subject: Request for proposals REQUEST FOR PROPOSALS NO. 2024-15 LANDSCAPE MAINTENANCE SERVICES Danielle Garcia, SGD Enterprises DBA Four Seasons Landscaping is proud to present this bid package in response to the Request for proposals landscape maintenance of various sites. We have thoroughly reviewed the entire RFP and believe that we are uniquely qualified to handle such a project and can ably offer our unique skilled services to the City of Rosemead. We understand that we will be responsible for performance of all landscape and irrigation maintenance requirements and weed control. This bid proposal will be valid from 5/28/2024 and thereon for 120 days. This project will be managed from our office located at 14937 Delano Street, Van Nuys, CA 91411. Eytan Darrison (Tel:323-658-1047 Email: darrison@sgdent.com) will be the contact person. We will not have any subcontractors on this job. All information submitted in this proposal is true and correct. Four Seasons accepts all terms of this RFP and conditions in the document and maintenance agreement. No exceptions taken. SGD Enterprises is in full good standing with the CSBL, DIR and any other applicable agency. We are not debarred, suspended or ineligible to contract by any federal, state, or local public agencies. We acknowledge any addendums. Thank you for your consideration of our proposal. We look forward to having the opportunity to start our work with The City of Rosemead. Sincerely, �77> Ste.p44 Aarri50n Stephen Darrison President and Owner SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Table of Contents CoverLetter...........................................................................................................1 Tableof Contents...................................................................................................2 Section 1: Approach, and Scope of Work: ... ....................................................... 3 Section 2. Project Team, Key Personnel and Resumes: ..................................... 12 Section 3. Company Qualifications: ... ................................................................. 17 Section 4. References: .......................................................................................... 24 Section S. Standard City Contract and Insurance Requirements: ..................... 24 Section 6. Addenda Acknowledgement: ........................................................ 24 CostProposal.........................................................................................................30 3 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Section 1: Approach, and Scope of Work SGD Enterprises DBA Four Seasons Landscaping has reviewed the entire RFP to ensure that we have the full capacity to properly handle a contract of this size. Four Seasons Landscaping understands the high level of quality that the City of Rosemead is requesting. The City of Rosemead consists of about 5 square miles of land. There is an approximate population of 50,000 residents. These residents deserve to have their city glisten all across their city. Additionally, the City offers a high level of police, fire, animal control, medical aid, building and safety, street lighting, zoning, housing and community development, street improvements and recreational programs. In putting this RFP out to bid, the City is understandably looking to pair with a contractor that can ensure the highest level of service to maintain and exceed the already high-quality landscape and parks maintenance. Four Seasons Landscaping has a clear understanding of the scope of work to be done. It will include but will not be limited to maintenance services for Rosemead owned property. The contractor will also be responsible for landscape and maintenance. The contract also includes a high level of irrigation knowledge and the ability to maintain all the timers throughout the property and be responsible for fixing and maintaining the irrigation system. In order to properly complete the scope of work, we believe we will need to have a minimum staff of 7 employees devoted to this contract. This will include 5 landscapers, 1 irrigator, 1 weekend worker and 1 office project manager. Four Seasons will be able to provide ample office support to facilitate work in the field and coordination and communication with city staff. Further details on staffing will be discussed later in this proposal. Mowing Crew: This crew will be responsible for mowing all turf in the contract. They will follow all the correct provisions of mowing required by this contract with the required mowers. We will use mulching mowers when possible. All blades will be sharpened every quarter to ensure the highest level of cutting. All grass clippings will be mulched. All warm turfgrasses will be cut at 2". Hybrid Bermuda will be cut at %". Cool season turfgrasses will be cut at 2" throughout the year. All mowers will be thoroughly cleaned prior to arrival on site. This crew will operate with ride on and walk -behind mowers. This crew will see to all turf care needs throughout the year as listed in the RFP to maintain beautiful and safe turf. Our staff is thorough trained to operate aerators, dethatchers, and all equipment needed for renovations. Landscaping Crew: This crew will be responsible for maintaining all grounds. A big priority is to prevent weeds at all costs. This crew will be responsible for all maintenance related activities. All areas will be properly trimmed, pruned, edged, and weeded. Additionally, all hard surfaces will be inspected and maintained in clean condition. We will dispose of all trash or unwanted 4 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 material. We will make sure the plants thrive and receive the proper amount of irrigation. All trees under 12 feet will be properly pruned according to ANSI 9000 standards. We will make sure no tree interferes with any right of way and gives all the proper clearances to pedestrians and vehicles. Additionally, all planter areas will be trimmed to maintain the most natural and healthy look while maintaining the neatness of the area. Weed control is a top priority. We implement all necessary steps of herbicide application to get rid of unwanted weeds throughout the year. We also will remove human/animal waste, glass, or any other objects that could be harmful to human life. Drainage will also be kept free of any obstruction and debris. These crews will make sure to adhere to all safety protocols by wearing safety vests when working in the right of way. We will report any issues to the City when and if needed. Annual rose maintenance will be handled by this crew as well as seasonal fertilization. Irrigator: This crew will be responsible for the irrigation systems in the areas. They will work hand in hand with our other crew to constantly be on top of the systems. The crew in the field will notify them immediately of any breaks in the system to which they will be immediately dispatched. We will have them visit all the controllers throughout the month and ensure that all the stations are being properly irrigated. Our irrigator will also be responsible for all irrigation management for this contract including but not limited to inspection of all the systems on a routine basis, adjusting all timers at the appropriate times and seasons, and making any necessary repairs. All systems will be shut off in preparation for upcoming inclement weather. We will ensure that there is always proper coverage to the system, minimum runoff, elimination of hazardous conditions and prevention of flood irrigation. Our teams will work by going timer to timer and checking for breaks in the system and ensuring that there is proper coverage. Supervisor: We will have one supervisor who will oversee the entire process. He/she will make their rounds throughout the area visiting all the locations to ensure the maintenance is exceeding expectations. He/she will work with the crew leaders of each crew on training and safety. The supervisors will also work with the City representative in order to ensure that they are fully satisfied with the work being done. He/she will also prepare all daily and monthly reports and facilitate appropriate levels of communication. Please note that if Four Seasons receives this contract award, we will be looking to add individuals to our team who are from the City of Rosemead area. We would love to work with individuals who want to take pride in helping their City look the best it can be. We will specifically try to hire individuals who have suffered job loss due to the pandemic or other recent problems. 5 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -NO. 2024-15- 5/28/2024 Quality Control: Four Seasons Landscaping adopts a family-oriented approach to our services. Each site we maintain is treated with the same level of dedication and excellence that we would provide for our own family members. This ensures that our clients receive the highest quality of service, reflecting the standards we would expect in our own backyard. The scope of this contract encompasses a wide array of assets, each requiring meticulous planning and personalized care. Our company owners personally oversees the execution of our services to ensure that every location receives the attention and expertise necessary to excel. Four Seasons Landscaping's number one priority is safety. Our foremen and supervisors meet with their respective teams daily to ensure that everyone is following a strong code of safety. This includes all PPE and any related equipment. We train our employees how to handle all weather conditions and specifically the high heat conditions which are prevalent in Southern California. We hold training sessions with all employees who will be handling and using any type of machinery so they will be properly trained to use it safely. All employees assigned to the project will always wear company uniforms with the company name and the name of the individual employee. We also train our employees how to properly employ the WATCH manual to safely work in a right of way with the proper traffic control. As part of the performance of the work to be performed, Four Seasons Landscaping we will be operating out of a local office in Van Nuys. Our office is located at 14937 Delano St. Van Nuys, CA 91411. Our office representative will have full authorization to handle all calls during both normal hours and after hours and will have the resources to deal with the specific type of call. By having an office location in the county, we will be able to handle all calls and all situations in a very timely and efficient manner. We will ensure that we have a quick response time in the event of any notice of emergency. Our representatives will be available 24/7. We will also have representatives ready to perform an inspection with any City representative within notice. Four Seasons maintains all permits and licenses necessary in order to perform this contract. We have the following licenses in good standing: C27/D49/C61. We also have all necessary qualified applicator licenses and all necessary pest control licenses. We also have arborists on staff who belong to the ISA. DIR# 1000594916. We understand that this contract is extremely detailed and requires great attention to detail. Therefore, we will have appropriate and ample staff working to ensure this happens. We will have schedules written on a daily and monthly basis or more frequently if desired. We want to keep the properties as clean as possible. Additionally, we will adhere to cleaning in compliance with every noise ordinance in place. Our goal is to contribute to making the property a beautiful place to live without disturbing any of the residents. We will aim to cause the least amount of disturbance while providing the highest level of service. 2 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Rain or shine, Four Seasons Landscaping works. We know how to get the job done regardless of the elements and we will work with the weather conditions as they are. In extreme inclement weather we will communicate with the city that we will not perform any work that could put any of our crew in danger. We understand that drainage is crucial to ensure city sites are protected as much as they can from excessive water. We will work with the city to inspect known problematic areas. As mentioned previously, our goal is to provide the highest level of service. Our specific levels of maintenance include turf, shrub, groundcover areas, drainage structures and hard surface areas. We include mowing, pruning/trimming of turf, shrubs, and groundcover. Weed control is a top priority. Our first method is to mechanically remove weeds and if that is not proving effective, we will then only speak to the city about chemical methods. We implement all necessary steps of herbicide application to get rid of unwanted weeds throughout the year. We also will remove human and/or animal wastes, glass, or any other objects that could be harmful to human life. Drainage will be kept free of any obstruction and debris. In regards to weed and pesticide control, we will submit a list of all herbicides and pesticides we plan on using for the contract to the city. We will adhere to all labels and instructions of any chemical. Our biggest priority is to value the health and safety of the inhabitants of the City. All chemicals will be applied only at the specific and appropriate times. All spraying will be done by the applicator with Q.A.L. Four Seasons Landscaping is well equipped to deal with all irrigation issues. We are knowledgeable about dealing with all types of sprinklers, rotors, hunters, valves, lateral lines, main lines, timers, meters, and backflows. We have irrigators who have been trained to fix any type of break in the system in a timely and efficient manner. Our irrigators will also be responsible for all irrigation management for this contract including but not limited to inspecting all the systems on a routine basis, adjusting all timers at the appropriate times and seasons, and making any necessary repairs. Due to our reputation in the industry, we have made many valuable relationships with wholesale irrigation distributors and can get parts at discounted prices. Our biggest priority will also be water conservation. We want to make sure ABSOLUTELY NO WATER IS WASTED. Any breaks in the system will be quickly repaired to prevent any loss of water. All systems will be shut off in preparation for any upcoming inclement weather. We will ensure that there is always proper coverage for the system, minimum runoff, elimination of hazardous conditions and prevention of flood irrigation. All planter areas will be trimmed to maintain the most natural and healthy look while maintaining the neatness of the area. We will mow and prune all according to the necessary schedules outlined in the RFP. We will make sure no tree interferes with any right of way and provides all proper clearances for pedestrians and vehicles. In the appropriate seasons, we will add the proper fertilizer to all planter and grass areas. 7 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 We understand that the many residents call these areas home and taking care of all the grounds will be of utmost importance. Our goal is to make sure these lands shine. We want anyone who visits or lives here to be able to appreciate a fully cleaned and maintained property. We will follow all provisions of keeping a high attention to detail to necessary work illustrated in the RFP that not only keeps these facilities aesthetically beautiful as well as safe. Many of the grounds are surrounded by brush that will be abated to ensure a peace of mind throughout all seasons. We appreciate The City of Rosemead's emphasis on the implementation and interpretation of delivering the highest product possible. We assure you that our team is well-equipped to deliver the quality results you require. At Four Seasons, we take great pride in adhering to industry standards and best practices. Our experienced landscapers are skilled and trained, ensuring that they possess the necessary knowledge and expertise to effectively implement and interpret the necessary work to be done. We are confident that our commitment to professionalism, adherence to industry standards, and dedication to customer satisfaction make us the ideal partner for your landscape work requirements. In regards to customer service and quality control, we understand the importance of maintaining open lines of communication with our clients. We are committed to working closely with the City to develop a customized management plan that meets your specific needs. Our team will provide regular updates on the landscaping and irrigation under our care and recommend appropriate actions to preserve the beauty of your landscape and the condition of your irrigation infrastructure. Our safety protocol extends beyond the use of specific equipment. It encompasses comprehensive risk assessment, ongoing safety training, regular equipment maintenance, and adherence to local, state, and federal safety regulations. We promote a safety culture within our organization, emphasizing the importance of situational awareness, communication, and the empowerment of our team members to identify and mitigate potential hazards. Additionally, we carry comprehensive liability insurance coverage, including workers' compensation, to protect our employees, clients, and properties in the unlikely event of an incident. The safety of our team, your property, and the community is our utmost priority. By implementing rigorous safety protocols and maintaining a strong commitment to safety, we ensure a smooth and secure tree care process. We prioritize customer satisfaction and aim to address any concerns or issues promptly and professionally. 1. Complaint Handling: • We understand that complaints can arise from various sources, including the public. We have established a dedicated customer service department to effectively handle complaints. M SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 • When a complaint is received, our customer service team diligently listens to the concerns, documenting all relevant details. We strive to respond promptly, usually within 24 hours, acknowledging the complaint and providing an estimated timeframe for resolution. • We investigate the complaint thoroughly, working closely with the complainant to gather all necessary information. This may involve site visits, discussions with our team members involved in the project, and reviewing any supporting documentation or evidence. • Once we have gathered all the facts, we take appropriate actions to address the complaint. This may include remedial measures, corrective actions, or communication to clarify any misunderstandings. We maintain open lines of communication with the complainant throughout the process, providing regular updates until the complaint is resolved to their satisfaction. 2. Damage Claim Handling • While we take all necessary precautions to minimize the occurrence of damages, we understand that incidents can happen. If we receive a damage claim from a member of the public, we handle it with utmost care and professionalism. • Upon receiving a damage claim, we promptly initiate an investigation to assess the validity of the claim. Our team gathers relevant information, including photographs, documentation, and witness statements, to determine the cause and extent of the alleged damage. • We work closely with the claimant, maintaining open lines of communication and addressing any concerns they may have. We may also involve our insurance provider, if necessary, to ensure proper coverage and timely resolution. • Once the investigation is complete, we provide a detailed response to the claimant, outlining our findings and proposed resolution. If the claim is determined to be valid, we take full responsibility and initiate the necessary actions to rectify the damage promptly and fairly. • Throughout the process, we strive to maintain transparency, professionalism, and empathy when dealing with damage claims. Our goal is to reach a satisfactory resolution that addresses the concerns of the claimant and preserves our commitment to quality service. We view complaints and damage claims as opportunities to learn and improve. We value feedback from the public and are committed to continuous improvement in our processes, training, and operations. By actively listening, investigating diligently, and responding appropriately, we aim to uphold our reputation for exceptional customer service. We have a strong company landscaping and irrigation training program, as well as a safety training program, resources utilized plan, initial training plan, and continuing training plan. We recognize the importance of investing in the professional development of our team members to ensure their expertise, competence, and commitment to safety. W SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 (1) Internal Landscaping and Irrigation Program: • Our company places a strong emphasis on maintaining a highly skilled workforce. We have developed an internal landscape maintenance and irrigation training program to continually enhance the knowledge and skills of our team members. • Our training program covers a wide range of topics, including mowing, pruning techniques, proper tree care practice, irrigation repairs, pest and disease management, and industry best practices. • We have dedicated trainers who are experienced arborists themselves, providing comprehensive training sessions that blend theoretical knowledge with practical hands-on exercises. • The training program includes both classroom -style sessions and field training, allowing our team members to gain practical experience in various tree care scenarios. • We regularly review and update our training materials and curriculum to incorporate the latest research findings, industry advancements, and changes in regulations and safety standards. • Our training program aims to foster a culture of continuous learning and professional growth, empowering our team members to deliver exceptional landscape maintenance services based on the most up-to-date practices in landscaping. (2) Safety Training Program • Safety is a fundamental pillar of our operations. We have developed a comprehensive safety training program to ensure that our team members are equipped with the knowledge and skills necessary to work safely in diverse environments. • Our safety training program covers a wide range of topics, including hazard identification, proper use and maintenance of equipment, fall protection, electrical safety, personal protective equipment (PPE) usage, emergency response procedures, and traffic control measures. • We utilize a combination of internal training resources, external safety training programs, and industry -specific safety guidelines and regulations to develop a robust training curriculum. • Our initial training plan involves an intensive onboarding process for new team members, which includes comprehensive safety training specific to their roles and responsibilities. This ensures that they are well-prepared to work safely and effectively from the outset. • We conduct regular safety training sessions and refreshers to reinforce safety protocols, provide updates on new safety practices, and address any emerging safety concerns or regulations. • Our safety training program includes opportunities for hands-on practice, simulations, and scenario -based exercises to enhance practical skills and decision-making abilities in real- world situations. 10 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 • We maintain a record of all safety training completed by our team members, ensuring compliance with applicable regulations and demonstrating our commitment to ongoing safety education. We view training and safety as a continuous process. We are committed to providing ongoing professional development opportunities to our team members, including participation in industry conferences, workshops, and specialized training courses. Our goal is to ensure that our team members are equipped with the latest knowledge, skills, and safety practices to deliver exceptional services while prioritizing their well-being and the safety of our clients and the public. Four Seasons Landscaping carefully examined the entire RFP to ensure that we are capable of performing the contract at the highest level of performance and customer satisfaction. We believe we have a plan, a methodology, the resources and the people and we will be able to achieve our goal of giving The City of Rosemead superior service. Preliminary Work Schedule See below a suggested work schedule with activities and their frequencies. General can Up Daily Daily Daily Daily Daily Dairy Daily Daily Daily Daily Daily Daily Weed Control Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Park Inspections Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily Daily MovAng Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Edging Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekty Weekly Weekly Weekly Weekly Shrub and Ground Cover Care Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Tree Care Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Shrub Care Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly I Weekly Drainage Maintenance Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Irrigation Maintenance Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Weekly Slope Care Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Pest Management and Disease Control Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Irrigation Inspection Monthly Monthly Monthly Monthly Monthly Mprthly Monthly Monthly Monthly Monthly Mwdhly Monthly Turf Fertilization ix ix ix Rose Fertilization ix ix ix Turf Aeration ix ix Dethatching ix Overse siding ix ix 11 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Section 2. Project Team, Key Personnel and Resumes SGD Enterprises DBA Four Seasons Landscaping is a family run business that was started in the late 1980's by Stephen Darrison. We are a C corporation. We were incorporated in California on 8/17/90. We service all aspects of landscaping including maintenance, tree trimming, irrigation, and landscaping upgrades. Our primary focus is landscaping for municipalities, apartment complexes, high-end residential, cemeteries, schools, hotels, HOA's, commercial spaces and district -owned property. We work throughout the state of California with over 75 employees from San Diego to San Francisco. We are well equipped to do any type of landscaping job as we have been in the industry for over 37 years and have all the necessary experience, personnel and equipment to handle anything landscaping -related. With over 30 vans in our fleet (including maintenance trucks, irrigation trucks, aerial trucks and dump trucks), we can approach any situation correctly and safely. We have experienced diverse foremen and office staff who have been in the landscaping industry for over 30 years who have vast knowledge of maintenance, irrigation systems, installations, and tree trimming. A job such as this would be right up our alley. We annually do over 10 million dollars of business and have formed many long-term relationships with our clients. We have no negative history or lawsuits to disclose. 12 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -NO. 2024-15- 5/28/2024 Staff Chart At the heart of our esteemed landscape company's structure lies a meticulously crafted staff chart, outlining the various roles and responsibilities within our organization. We recognize the significance of transparency and clarity, especially when collaborating with esteemed city agencies like yours. This chart below serves as a testament to our commitment to organized project management and exemplifies the collaborative spirit that defines our company culture. As you delve into the intricacies of our workforce, you will gain valuable insights into the expertise that propels our mission forward. Each team member plays a distinct and crucial role, contributing to the overall success of our endeavors. We are excited to share this staff chart as a reflection of our professionalism and dedication to delivering exceptional landscape solutions. e�� Steve Darrison: President x Ethan Darrison Vice President Finances Account ausniness HR ' Manager Development Accounts Payroll o erations Payable Superintend nt P Ts enior Manger Manager Foreman Lead Generation Assitant Manger Landscaper Irrigator Marketing Training Tree Trimmer Sales Manager Recruiting N`/ `/ 13 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -NO. 2024-15- 5/28/2024 STEPHEN DARRISON PRESIDENT & OWNER SGD Enterprises dba Four Seasons Landscaping EDUCATION Stephen Darrison is a highly skilled and knowledgeable professional with over 37 years of experience in the landscaping and tree Yeshiva University maintenance industry. As the founder, president and owner of SGD New York, NY Enterprises, he has played the leading role in establishing and BS, Finance expanding the company. He possesses a strong background in arboriculture, business management, and client relations. He is committed to delivering outstanding service, ensuring safety, and LANGUAGES maintaining the highest standards of quality. English PROFESSIONAL EXPERIENCE Spanish SGD Enterprises dba Four Seasons Landscaping SKILLS & KNOWLEDGE Van Nuys, CA 1986 - Present • Comprehensive understanding of Founder, President& Owner landscaping, tree maintenance and arboricultural practices • Oversees all aspects of company operations, including strategic • Strong business acumen and planning, business development, and project management. strategic planning abilities • Oversees financial management, budgeting and resource • Excellent leadership and team allocation. management skills • Proficient in project management and resource allocation • Dedicated to safety, compliance and quality assurance • Strong client relationship management capabilities • Provides leadership and guidance to a team of arborists and support staff, fostering a culture of excellence, safety and professionalism. • Develops and maintains relationships with clients, ensuring exceptional customer service and satisfaction. • Drives business growth through effective marketing strategies and client acquisition initiatives • Ensures compliance with industry standards, applicable regulations and safety protocols. • Maintains up-to-date knowledge of advancements in arboriculture, tree care practices and industry trends. 14 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -NO. 2024-15- 5/28/2024 VICE PRESIDENT SGD Enterprises dba Four Seasons Landscaping EDUCATION Eytan Darrison is a dynamic and results -driven leader with extensive experience in tree maintenance and arboriculture. As the Vice Yeshiva University President of SGD Enterprises, he plays a critical role in the strategic New York, NY development and operational management of the organization. He has BS, Finance a strong background in arboriculture, business development and client relations. His commitment to excellence, safety and customer satisfaction is key to the company's success. LANGUAGES PROFESSIONAL EXPERIENCE English Conversational Spanish SGD Enterprises dba Four Seasons Landscaping Van Nuys, CA SKILLS & KNOWLEDGE 2018 -Present Vice President Comprehensive understanding of landscaping, tree Responsibilities: maintenance and arboricultural 1 • Collaborate with the executive team to develop and implement practices • Strong business acumen and strategic planning abilities • Excellent leadership and team management skills • Proficient in project management and resource allocation • Dedicated to safety, complian and quality assurance • Strong client relationship management capabilities strategic initiatives, business plans and growth strategies. • Oversee the day-to-day operations of the company, ensuring efficient workflow, quality control and adherence to industry standards. • Lead and manage a team of professionals, providing guidance, training and support to foster a culture of collaboration, achievement and excellence. • Cultivate and maintain relationships with key clients, partners and stakeholders, ensuring outstanding customer service and satisfaction. • Drive business development efforts, including identifying new opportunities, cultivating leads and securing contracts. • Ensure compliance with safety regulations, industry standards and environmental guidelines. • Stay up-to-date with industry trends, advancements and best practices, incorporating all into company operations. • Collaborate with cross -functional teams to optimize resource allocation, enhance operational efficiency and achieve organizational goals. 15 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Key Sta Luis Rangel (Head Supervisor): Head foreman. Luis has been with Four Seasons for over 20 years. He is responsible for overseeing all of the landscaping operations and assisting with training and quality assurance. He has full knowledge of landscape maintenance operations and planting. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658- 1047. His email is sgd@sgdent.com. Ela Fernandez (Accounting): Oversees all financial activity for the company. Ela is responsible for all payroll processing reports, generating accounts receivable and payables, and focusing on prevailing wage requirements. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658-1047. Her email is sgd@sgdent.com. Jonathan Rosenberg (PEST Control and QAL): Jonathan holds the qualified applicator license and oversees all pest control. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658-1047. His email is jrosenberg@sgdent.com. Brian Peck (ISA Certified Arborist): Brian holds the arborist license and oversees all tree work. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658-1047. His email is sgd@sgdent.com. Andres Rivera (Irrigator): Head irrigator. Andres has been with Four Seasons for over 5 Years. He is responsible for overseeing all of the irrigation and assisting with training and quality assurance. He has extensive knowledge of maintenance, irrigation, tree trimming and planting. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658-1047. His email is sgd@sgdent.com. A.D. Aleman (Business Development/Project Management): A.D.'s primary focus is on cultivating meaningful connections and nurturing partnerships with clients and government agencies. He facilitates the seamless initiation of projects and overseeing their efficient execution. Address is 14937 Delano Street Van Nuys, CA 91411. Telephone number is 323-658- 1047. His email is AD@sgdent.com. Minimum Staffing/ Crews As mentioned previously, the minimum staffing that we feel is necessary is 7 individuals devoted to this contract. We believe that this is the only way to properly give the property the service that it needs. 5 of the crew will be devoted to landscaping maintenance, 1 of crew for irrigation, and 1 supervisor who will oversee the entire project. In addition, office staff will be dedicated to the success of this contract. The following is a brief discussion of how we anticipate our crew will operate: 16 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Mow crews: 1 crew of 2 split between parks and other turf Detail Crews: 1 crews of 3 Irrigation: 1 full time Project Manager: 1 full time Weekend work: Crew of 1 Section 3. Company Qualifications We believe that Four Seasons Landscaping is uniquely able to handle a contract of this scope. We are a family business that has been in existence for over 37 years. We give individual attention to all of our clients and treat them like our own family. Employees in our company love to work for us and turnover is rare. We create an environment that is warm and a great place to work. If awarded the contract, we will treat the job as if it is in own backyard or neighborhood and we will give everything we have towards it. Four Seasons Landscaping is very involved in giving back to the community. Stephen and Eytan Darrison have donated millions of dollars to their communities. Whether its Houses of Worship, schools and/or nonprofit organizations, no one is ever turned away. Both Darrisons have served on the boards of many organizations and have given not just money but also time to help those in need and to better serve the community. We have dedicated our time and efforts in order to make this world a better place. We fully intend to continue our philanthropic efforts in the Los Angeles area. We understand the importance of having sufficient financial resources to fulfill contractual obligations. Four Seasons has a strong financial foundation, enabling us to undertake projects of varying scales and complexities. We have a solid track record of meeting financial commitments on past contracts, and we possess the resources to ensure smooth project execution. Financially, Four Seasons Landscaping is very healthy and strong. We have amazing relationships with banks, brokers, and sureties. We have a strong bonding capacity. We hold over $3 million in capital. We have not been involved in any litigation nor been fired from any job. We are in great standing to undertake this job. Our company recognizes the significance of meeting project deadlines. We have a proven track record of delivering projects within the required or proposed delivery schedule, considering our existing business commitments. We employ effective project management strategies, including efficient resource allocation and proactive scheduling, to ensure timely completion of all tasks. We are uniquely able to handle contracts of all sizes. Throughout our history, Four Seasons has always been a business filled with integrity. We have always been in good standing with any and every agency that we have worked with. We have 17 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 never been involved in any litigation, arbitration etc. We have never been assessed any liquidated damages and we have always finished every contract in a timely manner. Due to our robust amount of working capital, we can invest in our company including our employees, equipment, and vehicles. We comply with all applicable laws and regulations, ensuring that we are eligible to receive an award. We possess the necessary licenses, permits, and certifications required for landscape maintenance, tree trimming and removal services. Our team consists of qualified and experienced landscapers who possess the necessary organizational structure, technical skills, and operational controls to effectively execute the proposed contract. SGD Enterprises is in good standing with the California Secretary of State's Office. We are also in full good standing with the CSBL, DIR and all other agencies. We are not debarred, suspended or ineligible to contract by any federal, state, or local public agencies. Four Seasons Landscaping understands that, under the contract, they will be responsible for ensuring that their staff is fully knowledgeable and trained for all aspects of this contract. Additionally, Four Seasons Landscaping will be paying their staff the appropriate prevailing wages as per the California Code Article 2 Section 1770 through 1780 inclusive Article 5 Section 1810 through 1861 inclusive. Four Seasons Landscaping has bookkeepers fully trained in public works who understand all the required laws and responsibilities that are related to prevailing wages. We can take on a local or a statewide contract and ensure that it is fulfilled correctly and efficiently. We have completed scopes of all sizing ranging from $500 to $10 million. We have the equipment, vehicles, and manpower to ensure success. We have worked with many public work agencies throughout the state which demonstrates our experience. Listed below are some of our highlightable projects from the last several years, showing all phases of landscaping. Satisfactory Record of Performance Our past performance speaks to our commitment to excellence. We have successfully completed a multitude of projects, including tree trimming and tree removal services, to the satisfaction of our clients. We invite you to review our references and project portfolio, which demonstrates our ability to consistently deliver high-quality services while adhering to safety and industry standards. We recognize that adhering to schedules is crucial to keeping projects on track. Our experienced team excels in meticulous planning, timely execution, and efficient management to ensure that milestones and deadlines are met consistently. We understand that time is of the essence, and we take great care in respecting and fulfilling all project timelines and budgets. E[3 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Similar Services • Arcadia Unified School District: Melinda Williams, Maintenance Manager. 150 S. 3rd Ave Arcadia, CA 91006 626-506-8585 mwilliams@ausd.net Job: Bid No. 500:22-23, LANDSCAPING SERVICES FOR DISTRICT SITES. Four Seasons Landscaping was awarded a contract for $401,000. Work includes full maintenance services and tree trimming at 14 school locations throughout Arcadia, CA. Contract is from 7/1/2022-6/30/2023. Extension year one was already renewed. Bonded 100% • City of Oxnard: Brandon Lopez, Project Manager, 805-393-3011, 305 W 3rd St, Oxnard, CA 93030. brandon.lopez@oxnard.org. Landscape services for CFD -5 Riverpark. Four Seasons was awarded the contract of $1,085,414 annually. Work included maintenance of 7 parks, parkways, medians and detention basins throughout the property spanning over 300 acres. 11/9/2023 -Ongoing. • City of Beverly Hills: Alley tree and weed abatement services. Colonel James Burnley, Solid Waste Manager, 310-285-2475. jburnley@beverlyhilis.org. 345 Foothill Rd, Beverly Hills, CA 90210. Contracted with the City on a frequency of 2-3 times a year to service 260 alleys: Remove all vegetation growing on City property or in the public right-of-way in the alleys, including weed abatement. Trim all trees to a minimum vertical clearance of 15 feet minimum height and cut all trees, bushes and hedges protruding into public right-of-way back to the private property line. $1,181,700. 3 year started 7/1/2023 • City of Beverly Hills: Burton Way Maintenance: David Garrard, Park Maintenance Bureau, 310-678-1150. dgarrard@beverlyhills.org. 345 Foothill Rd, Beverly Hills, CA 90210. Contracted to fully service the newly installed bioswale median on Burton way from Rexford Dr. to Oakhurst Dr. Annual $98,220. 1/4/2024 -Ongoing. 4 year contract. • City of Calabasas, Bellagio HOA: Edgar Hernadez, Landscape Maintenance Head. 818- 912-7083. ehernandez@cityofcalabasas.com. 100 Civic Center Way, Calabasas, CA 91302. Landscape maintenance of this HOA includes turf care, slope care, and full irrigation in a very affluent and high visibility area. Annual contract: $147,400. 12/7/2023- Ongoing. • Forest Lawn Cemeteries: Refugio Gil, Maintenance Director, 1712 S. Glendale Ave Glendale, CA 91205. 714-484-2075 rgil@forestlawn.com. We are responsible for doing the tree trimming and tablet trimming at all 5 of the Forest Lawn Cemeteries throughout California. We have 28 workers onsite daily weed whacking and ensuring that their parks look as beautiful as possible. In addition, we have done tree trimming for them for over 20 years and done millions of dollars in sales for them. When we were first approached to do business with them, we went to all of the cemeteries and look at their current tree conditions and how long it would take to trim all of their tablets. Annual Price: $3,000,000 FS:J SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 • State of Ca, Dept. of State Hospitals- Ryan Barden, Maintenance Manager, 562-846- 5127. 11401 South Bloomfield Ave, Norwalk Ca. 90650. ryan.barden@dsh.ca.gov. Weed abatement, weekly maintenance including mowing, edging, cleaning and weeding. $89,700. 7/1/2023 -Ongoing • Riverside National Cemetery. Adam Lowery, Maintenance Director, 22495 Van Buren Boulevard, Riverside CA 92518 503-789-8929 adam@valleyscapes.net. We were hired as a subcontractor to mow all the lawn areas around the tablets and do weed abatement of over 290 acres of property daily. We worked there for over 3 years every single day. We had a large operation out there with all different types of mowers in order to complete the process. When we were approached for the contract, we went out to the cemetery daily for over two weeks to scout out the area and get a better understanding of how we would approach the contract. $600,000. 1/1/2016-1/1/2018. • Altadena Library District: LANDSCAPING & GARDENING SERVICES. Jonathan Arevalo, Facilities Manager. 626-798-0833, ext.110. jarevalo@altadenalibrary.org. 600 E Mariposa St, Altadena, CA 91001. Landscape maintenance of the Altadena and Bob Lucas Memorial Libraries for a combined 37,700sf of landscape area. $24,000 annual. 3 year contract with 2 one year optional extensions. Started 9/15/2023 -Ongoing • Over 100 multifamily apartments services, $2MM/year 20 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Equipment Inventory List Four Seasons Landscaping understands that The City of Rosemead is requiring a fully operational and high-quality equipment fleet. We understand this requirement and are fully prepared and able to accommodate this. Four Seasons Landscaping has a full fleet of new vehicles including transits, F250's, F550's Chipper Trucks, Chippers, Aerial trucks, Stump grinders. Bobcat, Dingo and various other construction equipment. Our equipment undergoes regular maintenance and inspections to guarantee optimal functionality, and we can scale our resources based on project requirements. We are fully prepared to meet all and any electric equipment requirements. All necessary equipment is stored in the work vehicles. Extra and special items are kept out our company facility. Some of our landscaping equipment includes: • STIHL FS 94R String Trimmers • STIHL HAS 66 Hedge Trimmers • STIHL FC 91 Edgers • Husgvarna Electric Blowers • STIHL HT 131 Pole Pruners • All other mechanical tools STIHL E59a0.5[nng Trimmers STIHL HRS M Hedge MHL K 91 Edgers, TIM.M a Husqvama EIMrrt Blowers 21 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 e%mark [ommertla130 ezmah Sbriz E-Serkz eXmah Commercial 21 V - kr (Electric) eXmah Turf Tracer, SSenes eXmah laxer *4 )I' 22 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Ford Transit x550 F250 Four Seasons will confirm with the City our inventory list prior to the start of the contract. 23 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Section 4. References: 1. Arcadia Unified School District: Melinda Williams, Maintenance Manager. 150 S. 3rd Ave Arcadia, CA 91006 626-506-8585 mwilliams@ausd.net Job: Bid No. 500:22-23, LANDSCAPING SERVICES FOR DISTRICT SITES. Four Seasons Landscaping was awarded a contract for $401,000. Work includes full maintenance services and tree trimming at 14 school locations throughout Arcadia, CA. Contract is from 7/1/2022- 6/30/2023. Extension year one was already renewed. Bonded 100% 2. City of Oxnard: Brandon Lopez, Project Manager, 805-393-3011, 305 W 3rd St, Oxnard, CA 93030. brandon.lopez@oxnard.org. Landscape services for CFD -5 Riverpark. Four Seasons was awarded the contract of $1,085,414 annually. Work included maintenance of 7 parks, parkways, medians and detention basins throughout the property spanning over 300 acres. 11/9/2023 -Ongoing. 3. City of Beverly Hills: Alley tree and weed abatement services. Colonel James Burnley, Solid Waste Manager, 310-285-2475. jburnley@beverlyhills.org. 345 Foothill Rd, Beverly Hills, CA 90210. Contracted with the City on a frequency of 2-3 times a year to service 260 alleys: Remove all vegetation growing on City property or in the public right-of-way in the alleys, including weed abatement. Trim all trees to a minimum vertical clearance of 15 feet minimum height and cut all trees, bushes and hedges protruding into public right-of-way back to the private property line. $1,181,700.3 year started 7/1/2023 Section S. Standard City Contract and Insurance Requirements: Four Seasons Landscaping agrees with all of the terms of the standards of the city contract and complies with all of the insurance requirements. Section 6. Addenda Acknowledgement: We acknowledge all 3 addendums issued. 24 MAYOR: SnwNLY MAYOR PRO TEM: SANDRA ARMENIA COUNCIL MEMBERS: MARGA CLARK Pou.Y Low SEAN DANG City of 1psemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569.2 100 FAX (626) 307.9218 ADDENDUM NO.1 To all prospective Contractors under Request For Proposal No. 2024-15 The Request for Proposals (RFP) is modified as set forth in this Addendum. The original RFP Documents and any previously issued addenda remain in full force and effect, except as modified by this Addendum, which is hereby made part of the RFP. Respondent shall take this Addendum into consideration when preparing and submitting its Proposal. 1. Proposal Submittal Deadline The Proposal submittal deadline has been changed as noted herein, and modifies the deadline stated in the RFP. The new Proposal submittal deadline is 10:30 am on May 23, 2024. 2. Acknowledeement of Addendum No. 1 Each proposer shall acknowledge receipt of this addendum in their submitted proposal. Failure to provide such acknowledgement shall render the proposal as non-responsive and subject to rejection. If you have already submitted a response, this addendum will invalidate your response and you must submit a new response before the due date specified. Except for the changes noted above, all other requirements and provisions of the originally issued Request for Proposal shall remain in effect. Daaiet& 0=4 4 Danielle Garcia Public Works Fiscal and Project Manager Issued May 20, 2024 I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 SGD Enterprises DBA Four Seasons Landscaping Bidder's Signature Company MAYOR: SnWNLY MAYORPROTEM: SAND AnnaWA MARGA CLARK Pout Low SEAN DANG City of 1psemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 ADDENDUM NO.2 To all prospective Contractors under Request For Proposal No. 2024-15 The Request for Proposals (RFP) is modified as set forth in this Addendum. The original RFP Documents and any previously issued addenda remain in full force and effect, except as modified by this Addendum, which is hereby made part of the RFP. Respondent shall take this Addendum into consideration when preparing and submitting its Proposal. 1. Proposal Submittal Deadline The Proposal submittal deadline has been changed as noted herein, and modifies the deadline stated in the RFP. The new Proposal submittal deadline is Monday, May 27, 2024, at 5:00 PM. 2. RFP Revision (Section's G & R) Section G of the RFP document is hereby revised to include the following: Minimum Qualifications and Reference Contact Information a. Contractor's Licenses The Contractor shall possess a valid, current and in good standing California Class C-37 Contractors License issued by the California State Contractor Licensing Board. A copy of the contractor's license number and date of expiration shall be included in the submitted Proposal. Failure to produce and possess the specified license will render the Proposal non-responsive. Contractor is required to have in full force and affect all licenses and permits required by applicable laws. b. Qualified Personnel Provide a brief resume for each of the key persons proposed to work on this project. Credentials of corporate executives or firm principals are not necessary unless these individuals will play an active role in the proposed project. Any key sub -contractors proposed should be identified, and information on their respective role in the project should be included. Page 1 of 3 ADDENDUM NO.2 RFP NO. 2024-15 LANDSCAPE MAINTENANCE SERVICES All applications of herbicides or pesticides shall be performed under the direction of a California Licensed & Certified Pest Control Specialist. All safety precautions shall be taken in the handling and application of chemicals as stated on manufacturer's labels. All areas where chemicals are to be used are to be posted during and after until areas are dry to the touch, at which time the signs are to then be removed. The Contractor is to comply, at all times with requirements for hazardous communications programs. Pest control specialists shall be trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations. c. Negative History The Contractor shall include in its Proposal a complete disclosure of any alleged significant prior or on-going contract failures, any civil or criminal litigation or investigation pending which involves the Contractor or in which the Contractor has been judged guilty or liable within the last five (5) years. If there is no negative history to disclose, the firm shall affirmatively state in its Proposal there is no negative history to report. Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm's prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures. Section H of the RFP document is hereby revised to include the following red text below: Cost Proposal Submit a not to exceed annual cost for the project within the provided Cost Schedule form. The form must be utilized. Please also provide an hourly fee schedule for FY 24-25 for all staff positions proposed to work on this project. 3. RFP Additional Section The RFP document is hereby revised to include the following passage as Section M: Section M. Wages Paid to Contractor's Workers Pursuant to California Labor Code Article 2, Wages, Section 1770 et seq., the work described herein is a "public work" as defined by this Article of the Labor Code and requires payment of prevailing wages pursuant to Labor Code Section 1771. Contractors are advised to familiarize themselves with this provision and with Departmental of Industrial Relations opinions and interpretations relative to traffic signal maintenance. Failure to comply with the Labor Code may result in imposition of statutory penalties enumerated in Labor Code Section 1775. Page 2 of 3 ADDENDUM NO.2 RFP NO. 2024-15 LANDSCAPE MAINTENANCE SERVICES 4. Addendum No.2 Attachments • Attachment A — Photos • Attachment B — Landscape Maintenance Schedule • Attachment C — Previous Bid Package • Attachment D - Landscape Maintenance Invoices • Attachment E — RFP No. 2024-15 Questions and Answers Danielle Garcia Public Works Fiscal and Project Manager Issued May 21, 2024 I ACKNOWL DGE RECEIPT OF ADDENDUM NO.2 SGD Enterprises DBA Four Seasons Landscaping Bidder's Signature Company Page 3 of 3 ADDENDUM NO.2 RFP NO. 2024-15 LANDSCAPE MAINTENANCE SERVICES 17 MAYOR STEVEN LY MAYOR PRO TEM: SANDRA AR ENTA COUNCIL MEMBERS: MARGARETCL POLLY LOW SEAN DANG City of 1psemead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 ADDENDUM NO.3 To all prospective Contractors under Request For Proposal No. 2024-15 The Request for Proposals (RFP) is modified as set forth in this Addendum. The original RFP Documents and any previously issued addenda remain in full force and effect, except as modified by this Addendum, which is hereby made part of the RFP. Respondent shall take this Addendum into consideration when preparing and submitting its Proposal. 1. Proposal Submittal Deadline The Proposal submittal deadline has been changed as noted herein, and modifies the deadline stated in the RFP. The new Proposal submittal deadline is Tuesday, May 28, 2024, at 10:30 AM. 2. RFP Revision (Section G) Section G of the RFP document is hereby revised to remove the following strikethrough text and include the red text below: Minimum Oualifications and Reference Contact Information a. Contractor's Licenses The Contractor shall possess a valid, current and in good standing California Class G -=W C-27 Contractors License issued by the California State Contractor Licensing Board. A copy of the contractor's license number and date of expiration shall be included in the submitted Proposal. Failure to produce and possess the specified license will render the Proposal non-responsive. Danielle Garcia Public Works Fiscal and Project Manager Issued May 22, 2024 I ACKNOWLE49E RECEIPT OF ADDENDUM NO.3 /�— SGD Enterprises DBA Four Seasons Landscaping iiiddePs Signature Company Page 1 of 1 ADDENDUM NO.3 RFP NO. 2024-15 LANDSCAPE MAINTENANCE SERVICES SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Cost Proposal See attached below Cost Schedule Landscape Maintenance Locations ARIA LOCATION ADDRESS SO, FT. ACRES ANNUALCOST North North North North North North North North North North North North North North Natd,:.. North North -: North Nath North North North NoM..SCE North Nath North Nortls... South Scii Gry Nall -Civic Playa Dimmoor Heritage House FJBs Park Glendon Way Community Garden Glendon Way/Musatel Ave Parkway Ga no Ave - Parkway Guess Pail Hart Ave -Ramona Blvd &Glendon Wy- City Property Hurnan Resources Building Ma rshall St - Medians Marshall St&Hxrt.Aye-Clty Property Olney Park Ramona Blvd (North of l-M)-Sidewalk&Planter Rosemead Blvd - Medians RasemPad' Blvd -. gem & Medatss local of 1-10) Rosemead Community Center(RCRC Park) Rosemead Countylihrary Rosemead Park Rosemead Park- AOuaBC Copper (RAC) Rosemead Park - Skate Pa rk Sall TannerParl, Savannah Memorial Park(Cementary) CorrWa{WalnmGrove). Temple City Lot -City Property Valley 11I Railway &SiOewalk oharri g - Walnut Grove Ave -Medians 7230 Walnut Grove Ave Shpe&tA d minorthef4IOM4 Angelus Park Joel MarAve-4areall.Gardar 8838 E. Valley Blvd 9632 Steele St 3862 BilkN 8828 Glendon Way 36001ilusatel Ave 89M Grand Ave to Muscatel Ave 055 Mission Or 8594-021-052 395311,lusatel Ave 89W& 9000 Marshall St 8594-022-038 86M Olney St 9200-9300 Ramona Blvd Glendon Way to Railroad I-ILOWGIedon Way 3936 N. Muscatel Ave sa00VaReyaw 4343 Encinita Ave 9155 Mkswn an 4343 Encinita Ave BM Niisgpn Dr 9263 Valley Blvd WeRsSt to Mbsbna 4D16 Temple City Blvd Nrrrgs Pastor West Marshall St to Valley Blvd 23M Angelus Ave SME11I4Aar Ave 28,056 22,163 3,649 24,439 3,168 5,146 21,780 7,674 3s90D 18,205 10,890 6,578 152,460 12315 807,000 44,802 24,332 65,340 179,675 307,258 6,834 101890 53,907 0.64 0.51 0.08 0.56 0.07 0.12 0.50 0.18 0.04 M42 0.25 0.15 3.50 0.28. 18.53 1.03 a56 L50 4.12 7.05 016 025 L24 f 9ibol S 9,000 S 9,000.00 f 9,000.00 f 9,000.00 $ 9,tol S 9,Ua00 g 900000 3 9,000.00 S 9.00800 g 9,00800. f 9 a 00 S 9000.0 S 900000 f 9,00.0. $ 30,000.00 $ 9,000A0. f 66000;00 S ..9,000 .00 S .9,000AO S. 9.000.00 S. 34000-,09. S.... 36,000.01,. S 910000 S 7.000.00: S 9,000:0 E 9000.00:. S " 9,000 IS.:- Spool South South South South'. South Scath.:', South South South south South South South .:South.. South South -San South Scarth- . South Soup(: Del Mar Ave - Parkways& Sidewalk Cleaning Del MarAfe.-gap"B.Mediara(I-30F24way) Garvey Ave - Medians, Parkways, & Sidewalk cleaning Ivey tbs8er `.: Garvey Park Gawey Park-Splash2orc(Poot). Garvey Park Dog Park JayboperialiParkiledisso Jay lmpenal Parkwest) fteraaa Fads Montebello Blvd Medians Raphom BWO lsputh of l -i0} Planter(north side) Ramona Blvd (south of 1-10)- Planter (south side) Rush St=Mediares, Parkways,11i5dewa@cleaning San Gabriel Blvd Medians 431 Gal SWd- Parkways & Sidewalk clewing San Gabriel Blvd - Slopes & Medians (1-10 Freeway) Sa cgataW8W!&Gsraey Ave=Panter(a/wocinned Sports Complex Tovrne Genhr.Drme-Nkdaru Trangle Park WahtGraveAye Sidewalk& Trel clearing 829 Walnut Grove Ave Slope& Medians(south of l-10)025 popaPasl Hellman Ave to Graves Ave Garvey Ave Bridge to Dequine Ave 3086araevhve 7933 Emerson PI 3232K41bun Ave 7933 Emerson PI 23,Et Mve St(SmGabriel BIl Pme St) 2361 Pine St (Pine St to Falling Leaf Ave) 88001oirrgerrrran Ave 880 Montebello Blvd 8600 W Flood Channel Bridge Iva r Ave to Flood Channel Bridge San Gal Shad to 8631 Rush St De Ra Ave to Montebello Town Center egman Avera Rush St 8172 Gaul Ave 8471 Klingennan Ave San GabrW eWd�Maaebelbehg 998 San Gabriel Blvd HellmanAvebGarveyAve 8300Garvay Ave 29311 522,720 331675 18,607 12p52 9,465 21,780 ..16,499 2f60 1,289 283,14D 10,890 20,515 479,160 0.67 12.00 0.77 0.43 0.ffi 0.22 050 038 D.06 0.03 650 025 0.4] 11.00 S 90(1100 f ' 91000.00 S. 9000.04 S 9,000.00 glp0;pp $... 6000:00 S 9y00,00 S'... 9.000.00 3 9p00.0 S. tootJoa. $ 9000.00.: $- 9,000.00: f.. 9,000:04 $. 900000 3 9,(Xll S '9.6obw S 9,00.00 It 9,00000 y 2000.. 00South 00South 0.South W12�1 0Souti 0.3,280,02400 Cost Schedule Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any Subcontractor is not to exceed $ 250 per hour without written authorization from City Manager or his/her designee. The annual total compensation forthe Services set forth in this Agreement shall not exceed ck 665,500 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ Six hundred sixtv five thousand five hundred dollars Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications to stay within the budgeted amount of this project. 3of3 0 ,i FOUR SEASONS LANDSCAPING_•• Landscape Laborer- $55 per hour Landscape Foreman- $60 Per Hour Landscape Irrigator- $60 per Hour Pest Control- $60 per Hour Landscape Operator- $120 Per Hour SGD ENTERPRISES FOUR SEASONS LANDSCAPING 14937 DELANO STREET, VAN NUYS, CA 91411 (323)658-1047 CSBL#662720 DIR# 1000594916 Hourly Rates SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 ADDITIONAL INFORMATION: LICENSES dn� (- 1 11 ORNI A Dl P.%RTVIY N t M PFSI CIDt: RLGI I. I ]OA I" a ui ri "1 11011110', - Pc,t(lm trol ltusinc,,- taro 1.11i A0 a oFrCuc7lMEnr of PEaMDEPROGR M � LNoreWrnnw►taN heoore�w QAL 10 QUALIFIED APPLICATOR LICENSE LICENSE /:146593 EXPIRES:11J31/T025 Categories: B Issued: 3/1/2024 JONATHAN ROSENBERG 14937 DELANO ST VAN NUYS. CA 91411 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 CiCc� STATE LICENS BOARD " "" ""'•""" ACTIVE LICENSE ,.., ,662720 t,,CORP �.... . SGD ENTERPRISES DBA FOUR SEASONS LANDSCAPING ..n., C27 C61 /D49 .01/31/2025 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City. of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 The International Society of Arboriculture Hereby Announcceesat �Th c8nk D. v can Has Famed the Cm&nual ISA Tree Risk Assessment Qualification® By successfully meeting ISA Tree Risk Assessment Qualification cenifwaaoo requtienlents through demnnsnated atlalmnent ofrelevam competencies m supported by the ISA CredentWmg Courcd r rMlkuurvedpa �Sgvviv ll. �sen.rbv b.. I.v fbe Vyvvxn Ae The International Society of Arboriculture Hereby Announces JThm -C>rhmD. J w( Has Ezmed the Credennal ISA Certified Arborist By successfully meeting ISA Certified Arbonu cemfiwuon requirement, through demonstrated ammnmer t of rek rot oompetenacs as strpponed hs the ISA Credentialmg Council AAAB nn• ��.e ow.o.. i.v Ove IV'vu.n lvu .,n,wwn \ueb SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -NO. 2024-15- 5/28/2024 N/A HydroPoint AD Aleman Four Seasons Landscaping as a HYDROPOINT ACCREDITED CONTRACTOR !or Faalnq all testing in the area of Certified OptiFlow Training - Level 1 - OptiFlow Introduction - V2. ristopher Sprain, CEO xmxpw3rnwxsn.oa HydroPoint ti`��cate of �or��Ce� . We hereby certify tha! �O AD Aleman Four Seasons Landscaping has successfully completed Basic WeatherTRAK System Introduction l Ae2 "o Chris SpalnElen Coffey Chief Executive O cer Training Manager Issued: 11w3e/1a33 Espros: 091 11 N/A HydroPoint AD Aleman Four Seasons Landscaping as a HYDROPOINT ACCREDITED CONTRACTOR !or Faalnq all testing in the area of Certified OptiFlow Training - Level 1 - OptiFlow Introduction - V2. ristopher Sprain, CEO xmxpw3rnwxsn.oa SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -NO. 2024-15- 5/28/2024 HydroPoint 1 `��ate V� We hereby c�rofy that AD Aleman Four Seasons Landscaping has successfWly completed rtified Opti Flow Training - Level 2 - Opti Flow Site Assessmen 1 w ChM spot n n Coffey Chief Ezeofive r Training Manager Uvwe' 08A1/302i [pec WA SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Cost Proposal See attached below of: Cost Schedule Landscape Maintenance Locations AREA LOCATION ADDRESS SO, Fr. ACRES ANNUALCOST North North North North North North North North North North North North North North North North North North Nath North North North North North North North North South City Hall - Civic Plata Dinsmoor Heritage House Ellis Park Glendon Way Community Garden Glendon Way/Muscatel Ave Parkway. Grand Ave - Parkway Guess Park Hart Ave -Ramona Blvd &Glendon Wy- City Property Hunan Resources Building Marsha 11 St - Medians Marshalla&HartAve - City Property Olney Park Raman Blvd lNorth of 1-10)-Sidewalk&Planter : Rosemead Blvd - Medians Rosemead Blvd -Slopes& Mediam(north of 1-10).. Rosemead Community Center (FORD Park) Rosemead County Library Rosemead Park Rosemead Park- Aquatic CenterlRA(c) Rosemead Park - Skate Park Sally TannePark Savannah Memorial Park (Cementery) SCECorrida(WalnutGrove) Temple City Lot - City Property .alley BlVd-ParkwayIII Sidewalk Cleaning: :. Wain ut Grove Ave - Media its g30 Wali Grove Are - Volpe & Medians lnoilhaf 410) 521 Angelus Park Dd Mar Ave-CommuhdyGaNen -.: 8838 E. Valley Blvd 96325teele St 3862 Ellis In 882B Glendon Way 3600 Musratd Ave 8900 G rand Ave to Muscatel Ave 8555 Miss).Or 8594-027-052 3953 Muscatel Ave 89M& 9000 Marshall St 8594022-00M 86M Olney St 9200-9300.flumoru SW Glendon Way to Railroad 1-Mto GlendohWay, 3936 N. Muscatel Ave 8800ValleyEl 4343 Encinita Ave 9155Mialonor - 4343 Encinita Ave 8343MhsioOor: 9263 Valley Blvd WeOs Stto Mlssbn Dr 4016 Temple City Blvd city unties Bakst, West Marshall St to Valley Blvd -. ... 2300 Angelus Ave 3233od MarAve - 28,056 22,163 3,649 24,439 3,168 5,146 21,780 7,674 11900 18,205 10,890 6,578 152,460 12,315 807,000 44,8IR 24,332 65,340. 179,675 307,258. 6,834 10,890 53,907 . 0.64 0.51 0.08 0.56 0.07 0.12 06 0.18 000 0.42 0.25 0.15 3.50 078 18.53 1.03 0.56 330 4.12 7-05 0.16 025 124 S 91)00.0 $ g"00 S 9.00.0 S 9,0110.0 S 9,00000 S 9,00000 $ 9.00poo $ %olso0 S 9,000.00 $ 91)1)1).1) 5. 9,000.00 S' 9,Boom 3 9.1)(000 3 9,00400 $.... 90004o $ 30,00000 5.. '. 9;000:00 S 6S,a0000 S 9000-00 $ 9.= GO S 9,000.00 Is 30)D00.00 S.' _. 36JUXIII 3'. "9,000.00 S. 9,01)0.0 S 91)0000 S.. 9. 00 9000th.. 1$Sou 5::..' :9000.00 South South South South South South South bath South South:'Khrageons. South South South :South South South South South South Soup, South South South South Del Mar Ave -Parkways& Sidewalk Cleaning Del Mar Ava-Slopes&Mediarss (I-]DFreevay) Garvey Ave - Medians, Parkways, & Sidewalk cleaning Garvey Center Garvey Park GarvryPark-Splash2one(Pcoll �• Garvey Park Dog Park hylmpedal Park(mst) Jay Imperial Park(wmt) Park Montebello Blvd - Medians gemma 81w4lsoutho44-M)-PlanterlmM side).:... Ramona Blvd (south of t-10)- Planter (south side) ush St -Medi rds,Parkways,& Sidewalk ckarung. San Gabriel Blvd -Medians 031 Sair Gabrddaled-Padamys&Sfdewatkehursing San Gabriel Blvd Slopes & Medians (1-10 Freeway) Gabriel0hil HGarvey Ave:-Plarder(sjwmmer) Sports Complex owre [en ViDrlve-Medlam... Triangle Park alnOtGroVeAw-Sidewa&.&Tr WeOdeaMng R29 Walnut Grove Ave - Slope& Medians (south of 1-10)1)25 7apoPan Park Hellman Ave to Graves Ave Garvey Ave Bridge to Dequine Ave 9dioscarwelyRue 7933 Emerson PI nulkelburil .. 7933 Emerson PI 23624We SY{Sah Gabid and to lane Sia 2361 Pine St (Pine St to Falling Leaf Ave) 8800 pkaeppaAve 880 Montebello Blvd g60to Flood Channel8ridge Ivar Ave to Flood Channel Bridge SvnGabddelvd to863i&ash 5t Delta Ave to Montebello Town Center eflmav Ave:lia Rush St U726arvey Ane M71 Klingerman Ave SainGabrid Blvd W Montebello Blvd 998 San Gabriel Blvd HeikranAveto Garvey Ax Ga nay Ave 29311. 522,720 3%EGrs 18,607 12,051 9,465 21,780 16.499. 2,460 1,289 283,140 10,890 20;515 479.16 C6] 1200 1X77 0.43 0.28 022 - O.SO 038 0.06 0.03 6.50 025 C47. 11.00 j.. -. 9,00000 S' - 9.00.0 1; Skilialuall $ :...: SAW'c0 $Y' 36AMM is :. 6.80000 3 _ 9A00.01y S'. .9.00000 5 91)0400 S: 900040 S `9 00" S 91)00.6 $ :. 9,00081) $ 9;000.00. S liloolkoo f. 9000.0. S 9,000.6. S : 900400 s' 14,00000 S. 9.. m $ SAOILDD $ 9.o000a S. 930400 5..: 32,00000 3,28Q014 75.30 S 665,50000 Cost Schedule Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any Subcontractor is not to exceed $ 250 per hour without written authorization from City Manager or his/her designee. The annual total compensation for the Services set forth in this Agreement shall not exceed $ 665,500 TOTAL BASE BID PRICE (SCHEDULE BID PRIC Six hundred sixty five thousand five hundred dollars Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications to staywithin the budgeted amount of this project. 3of3 FOUR SEASONS - LANDSCAPING - Landscape Laborer- $55 per hour Landscape Foreman- $60 Per Hour Landscape Irrigator- $60 per Hour Pest Control- $60 per Hour Landscape Operator- $120 Per Hour SGD ENTERPRISES FOUR SEASONS LANDSCAPING 14937 DELANO STREET, VAN NUYS, CA 91411 (323)658-1047 CSBL#662720 DIR# 1000594916 Hourly Rates SGD Enterprises dba Four Seasons Landscaping EXHIBIT B SCHEDULE OF MAINTENANCE SERVICES (See Exhibit A for Schedule) SGD Enterprises dba Four Seasons Landscaping IW/:11 3r111y COMPENSATION [insert rates & authorized reimbursable expenses] C-1 SGD ENTERPRISES dba Four Seasons Landscaping Request for qualifications/ proposals City of Rosemead: LANDSCAPE MAINTENANCE SERVICES -N0. 2024-15- 5/28/2024 Cost Proposal See attached below 30 Cost Schedule Landscape Maintenance Locations AREA LOCATION ADDRESS SQ. Fr. ACRES ANNOALCOST North North North North North North North North North North North North North North North North North.. North Nath North Nath North North North North North North South South City Hall - CMC Nara Dir.., Heritage House Ellis Park Glendon Way Community Garden Glendon Way/Muscatel A. Parkway Grand Ave - Parkway Guess Park Hart Ave -Ramona Blvd &Glendon Wy-City Property Human Resources Building Marshall St - Medians Marshall a&Hart Ave -City Property Olney Park Ramona Blvd(North of 1 -S0) -Sidewalk &Planter Rosemead Blvd -Medians Rosemead Blvd - Slopes& Medians(north of 1-10) Rosemead Community Center(RCRC Pa rk) semead CouaylAsary Rosemead Park Rosemead Park- Aquatk Center(RAC) Rosemead Park - Skate Park S RyTannerfark. Savannah Memorial Park (Cemena ry) SCEConidcatiValnutGrove) Temple City Lot - City Property Wiley SW- Park" &Sidewalk Cleaning Walnut Grove Ave - Media ns#30 Minot Grove Ave -Slope& Medians(noM of 1-10)#24 Angelus Park Od Mar Ave-CommuNty Garden 8036 E. Valley Bbd 96325teele St 3862 Ellis Lb 8828 Glendon Way 3600 Musatel Ave 8900 G rand Ave to M uscatel Ave 8555 Mission Dr 8594-027-052 3953 MIpmtel Ave 8900& 9000 Marshall St 8594N _038 8600Olney St 9200-9300 Ramona BW G le ndon Way to Railroad 1-10to Glendon Way 3936 N. Muscatel Ave sigoovellay,81W 4343 Encinita Ave 9155Missi 4343 Encinita Ave 8343 Misswn Dr 9263 Valley Blvd Wells St to Mission R 4016 Temple City Blvd any drf Esau West Marsha l l St to Valley Blvd 230DAngelus Ave 32lift-Ave 33 Del Ave 2$056 22,163 3,649 24,439 3,168 5,146 21,780 7,674 1,900 18,205 10,890 6,578 152,460 12,315 807,000 44,802 24,332 65,340 179,675 307,258 6,834 10,890 53,9 0.64 0.51 0.08 0.56 0.07 0.12 0.50 0.18 0.04 0.42 0.25 0.15 3.50 0.28 18.53 1.03 0.56 LSO 4.12 7.05 0.16 0.25 124 S 9,000.00 S 9,000.00 S 9,Uoo.00 $ 9,000.00 S 9,000.00 $ 900000 S 910011 S yMW S 9,o0B00 S 9,000.00 $ 9,000.00 S 900000 $ 9,000.00 S 9,000.00 $ 9,000.00 S 30,000.00 S 9,OOOA0 S 66,1100.00 $ 9000.00 E 9,000.00 S '9,000.00 S 30;000.00 $ 36.0ill S 9,okow $ 9,000.00 $ 9,00800 S 9,00080 S 9p00.00 $ 9,OW.W South South South South South South South South South South South South South .Rush South South South South South South South South. South South Del Mar Ave - Parkways& Sidewalk Cleaning Ave Del Ma-Slopes&Medam;(1-10 Freeway) Garvey Ave-Medians,Parkways,& Sidewalk cleaning Garvey Center Garvey Park Garvey park -Splash lnne(Pool) Garvey Park Dog Park AV hnpedal Parkleastl Jay l mpedal Parkwest) Khrgerman Palk Montebello Blvd - Medians Ransom BNd(soutin of 4-10). Pleural (north side) Ramona Blvd (south of 1-10} Planter (south side) St- Medians, .Parkways, & Sidewalk cleaning San Gabriel Blvd - Medians #31 San Gabriel Blvd -Parkways& SdewalktleaNng San Gabriel Blvd -Slopes & Medians (1-10 Freeway) San Gabrld BNd&GameyAye-Planter(s/wcornal Sports Complex Towne Center Drlve-Medians Triangle Park WalnutGroye Ave,-Sidewalk&Tree Well deanlrg#29 Walnut Grove Ave -Slope& Medians (south of l-10)#25 Zapopan Park Hellman Ave to Graves Ave Garvey Ave Bridge to Dequine Ave 9309GamsyAae 7933 Emerson PI 3232gelbum Ave 7933 Emerson PI 2362 Pim St [San Gabriel BNL to Pike St) 2361 Pine St (Pine St to Fal fmg Leaf Ave) 880010ingenrul BBD Montebello Blvd 8000UFlow Channel Bridge Ivar Ave to Flood Channel Bridge San Gabriel Bill to to 86Rush St Delta Ave to Montebello Town Center Hellman Ave W Rush St 8IMGamey Ave 8471 KIingerrnan Ave Sin Gabriel Blvdto Momabelb BNd 9985an Gabriel Blvd Hellman Aseto Garvey Ave 8301 Garvey Ave479,160 29,311 522,720 33,675 18,607 12,052 9,465 21,700 16,499 2,460 1,289 283,140 10,890 20,515 0.67 12.00 0.T7 0.43 0.28 0.22 0.50 0.38 D.06 0.03 6.50 0.25 0.47 31.00 $ 9'"Ar S 9,000.00 $ 9,MW $ 9.00OM S 36;000.00 S 6,00080 S 91000.00 S 9,.00 000 S 9".0South. S 9,0 00.00 S 9PW.W S 9,oil $ 9,BW.W S 9,900.00 $ 9000.00 $ 9,000.00. S. 9,000.00 S 9,000.00 $ 24,b00W $ 9.000.00 S 9,000100 S 9,000.Ob. p 9,500.00 S 32.000.00 3,260,024 75.30 8 665,500.00 Cost Schedule Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any Subcontractor is not to exceed $ 250 per hour without written authorization from City Manager or his/her designee. The annual total compensation forth Services set forth in this Agreement shall not exceed 665,500 TOTAL BASE BID PRICE (SCHEDULE BID Six hundred sixty five thousand five hundred dollars Dollar amount in written form Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications to stay within the budgeted amount of this project. 3of3 0 FOUR SEASONS - LANDSCAPING - Landscape Laborer- $55 per hour Landscape Foreman- $60 Per Hour Landscape Irrigator- $60 per Hour Pest Control- $60 per Hour Landscape Operator- $120 Per Hour SGD ENTERPRISES FOUR SEASONS LANDSCAPING 14937 DELANO STREET, VAN NUYS, CA 91411 (323)656-1047 CSBL#662720 DIR# 1000594916 Hourly Rates SGD Enterprises dba Four Seasons Landscaping *A611,1111111111 INSURANCE 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 $1,000,000 per occurrence, $2,000,000 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. Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers. 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 D-1 SGD Enterprises dba Four Seasons Landscaping 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. • 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. Requirements not limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency. Acceptable insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010. 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. D-2 SGD Enterprises dba Four Seasons Landscaping 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured 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. D-3 SGD Enterprises dba Four Seasons Landscaping Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 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. G3! SGD Enterprises dba Four Seasons Landscaping 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this 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 ACORhr CERTIFICATE OF LIABILITY INSURANCEDATE III Ac&n, 2525231 06/17/2024 /17/2 I24 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(ies) 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 endomement(s). PRODUCER USI Insurance Services, LLC 2502 N Rocky Point Drive Tampa, FL 33607 CONTACT NAME: PHONE.944'2804908 FAX Arc No E -ML AI ADDRESS: BBSlcerts@locktonaffinily.cem INSURE 9 AFFORDING COVERAGE NAICN INSURER A: Ace American Insurance Company 22667 INSURED SGD ENTERPRISES DBA: FOUR SEASONS LANDSCAPING & SO PROPERTY INSURER B: MANAGEMENT INSURER C: INSURER D: 14937 DELANO ST, VAN NUYS, CA 91411 DAMAGE TO RENTED INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TWE OF INSURANCE U ADD UB POLICY NUMBER POLICY EFF (MMUDDr"I POLICY EXP IMMI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS -MADE OCCUR PREMISES Ea omwrence $ MED EXP (Any one person) $ PERSONALBADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ❑PRC- ❑ POLICY JECT LOC IPRODUCTS-COMP/OP AGG 8 OTHER. I $ AUTOMOBILE LIABILITY SINGLE LIMIT $ t ANY AUTO JURY(Per person) $ OWNED SCHEDULED JURY(Per accident) $ AUTOS ONLY AUTOSHIRED NON OMED DAMAGE $ AUTOS ONLY AUTOS ONLY AINJURY ntUMBRELLA UAB OCCUR URRENCE $ EXCESS UAB CLAIMS -MADE TE $ DED I I RETENTION$ I $ WORN ERS COMPENSATION X OERH AND EMPLOYERS' LIABILITY YIN STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. EACH ACCIDENT $ 2OOg000 A OFFICER/MEMBER EXCLUDED? � NIA 055618653 6/1/2024 6/1/2025 (Mandatory in NH) E. L. DISEASE - EA EMPLOYEE $ 2.000.000 If yea, desuiDe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT S?"," DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addle mI Rema ScN uN, may M emceed N mon apace la inquired) Policy Slate = CA City of Rosemead is Additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Cary M Rosemead IN ACCORDANCE WITH THE POLICY PROVISIONS. 8838 East Valley BIM Rosemeade, CA 91770 AUTHORUMO REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD _--mili SGDENTE-01 MADISONKAUFMA DATE06/17/241 .44cOR0" CERTIFICATE OF LIABILITY INSURANCE moi . 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(ies) 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 endorsement(s). CONTACT Erica Hagman PRODUCER NAM NFP Property & Casualty Services, Inc. I PHONE ! FAX 2450 Ta Vo Street ; (KC, No, Un:_', (ARZ. No): Simi Valley, CA 93063 I =,,erica.hagman@nfp.com INSURERS AFFORDING COVERAGE NAIL Y ''. INSURER A: Hartford Casualty Insurance Company 29424 INSURED ''. INSURER B: Hartford Fire Insurance Company 19682 44776 SGD Enterprises ''. INSURER C:StarStoneSpecialty Insurance Company 14937 Delano Street INSURER D : Van Nuys, CA 91411 ! INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE ADDLSUBR N WV POLICY NUMBER POLICY EFF ''�. POLICY UP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.006'006 DAMAGETORENTED 300,066 PREMISE. Ea occunence ''. $ CLAIMS -MADE X OCCUR 72UUNOK7544 6/12/2024 6/12/2025 MED EXP.LAn�ne erson '', $ 16'666 PERSONAL &ADV INJURY ! $ 1'666'666 GENVAGGREGATE LIMITAPPUES PER: GENERAL AGGREGATE 'i$ 2'666'666 2'666'666 X POLICY PELOC T S OTHER: B AUTOMOBILE LIABILITY CEOM�BINEEDt SINGLE LIMIT ',, $ 1,666,660 .......... ....... X ANY AUTO 72UENOL9604 6/12/2024 6/12/2025 BODILY INJURY (Per Person].... _ _ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident '', $ HIRED NON-OWNEDPPROPEc AUTOS ONLY AUTOSONLY ZtTAMAGE 8 C UMBRELLA LIAR X OCCUR EACH OCCURRENCE g 2'666'666 AGGREGATE j $ 2'666'666 _ X EXCESS LIAB -� ctAIM$-MADE CSX00027991 P-06 6/12/2024 '', 6/12/2025 OED X RETENTION $ D 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE PER DTH - EL. EACH ACCIDENT $ __ _____ E.L. DISEASE EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA •-- --._...................------ E.L. DISEASE -POLICY LIMIT $ If yes, descdbe under DESCRIPTION OF OPERATIONS below ',. B Misc. Equipment 72UUNOK7544 6/12/2024 '',, 6/12/2025 Limit 113,867 B Special Form RIC 72UUNOK7544 6/12/2024 6112/2025 Deductible 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if mora space is required) Additional insured: City of Rosemead CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Rosemead 8838 East Valley Blvd THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Rosemeade, CA 91770 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO` kk.� AGENCY CUSTOMER ID: SGDENTE-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE MADISONKAUFMAN Page 1 of 1 AGENCY NAMED INSURED FP Property & Casualty Services, Inc. SGD Enterprises 14937 Delano Street Van Nuys CA 91411 Los Angeles _ _ POLICY NUMBER EE PAGE 1 CARRIER NAIL CODE EE PAGE 1 'SEE P 1 EFFECnvE DATE: SEEPAGE1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE Certificate of Uabiliy Insurance Auto Remarks Hired Auto Physical Damage Limit - The lesser of ACV or the Cost of Repair Collision Deductible - $1,000 Comprehensive Deductible - $1,000 CONTRACTUAL INSURANCE REQUIREMENTS The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. NFP P&C CA LICENSE #OF15715 2450 TAPO ST SIMI VALLEY, CA 93063 TELEPHONE: (805) 579-1900 FAX: (805)579.1916 ArORD 101 120(181011 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 72 UUN OK7544 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. 611:161 11 W 1! I Q91031T14 z$Ic] Ay COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory" (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: HG 00 01 09 16 Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) 72 UUN OK7544 (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "Insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract" and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: Page 2 of 21 HG 00 01 09 16 72 UUN OK7544 (a) Employment by the insured; or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies: (i) Any insured; or (1) Whether the insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally responsible; (2) To any obligation to share damages with or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability directly or indirectly oany ins assumed by the insured under an "insured o if the behalf are performing operations f the contract". "pollutants' are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury" or "property damage" with such operations by such insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (i) "Bodily injury" or "property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of "mobile equipment" (i) "Bodily injury" if sustained within a or its parts, if such fuels, lubricants building and caused by smoke, or other operating fluids escape from from a vehicle part designed fumes, vapor or soot produced by hold, store or receive them. This s or originating from equipment that exception does not apply if the is used to heat, cool or dehumidify "bodily injury" or "property damage the building, or equipment that is arises out of the intentional) used to heat water for personal discharge, dispersal release of use, by the building's occupants or s the fuels, lubricants or other their guests; operating fluids, or if such fuels, (ii) "Bodily injury" or "property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional "Bodilyinjury" "property or " ro damage" (a) y p p il g insured at that premises, site or sustained within a building and location and such premises, site or caused the release of gases, location is not and never was r vapors from materials fumes or owned or occupied by, or rented or brought into that building in loaned to, any insured, other than connection with operations being that additional insured; or performed by you or on your behalf (iii) "Bodily injury" or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes (Iii) "Bodilyinjury" or "property damage" () p pert y g from a "hostile fire'; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire'; or location which is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG 00 0109 16 Page 3 of 21 72 UUN OK7544 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants" or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which caused the "bodily injury" or "property damage' involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the ,.auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury" or "property damage', however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: Page 4 of 21 HG 00 0109 16 72 JUN OK7544 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage' arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 1. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product" (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 72 UUN OK7544 public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in (c) Arise out of any claim or suit for Paragraph (1) or (2) above. damages because of testing for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of "bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an "asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury' or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled (1) The Telephone Consumer Protection Act equipment. (TCPA), including any amendment of or Employment -Related Practices q•addition to such law; "Bodily injury" to: (2) The CAN -SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act (FCRA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of "bodily including the Fair and Accurate Credit injury' to that person at whom any Transaction Act (FACTA); or "employment-related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN -SPAM Act of 2003 or FCRA (1) Whether the injury -causing event and their amendments and additions, that described in the definition of "employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material or information. (2) Whether the insured may be liable as an employer or in any other capacity; and Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or (3) To any obligation to share damages with Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to r. Asbestos premises while rented to you or temporarily (1) 'Bodily injury' or 'property damage" occupied by you with permission of the owner. A arising out of the "asbestos hazard". separate limit of insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos because of 'personal and advertising injury' hazard"; to which this insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit' seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit' seeking damages encapsulate, contain, treat, detoxify or for 'personal and advertising injury' to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 09 16 72 UUN OK7544 discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity 'Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury' arising out of a breach of contract, except an implied contract to use anothers "advertising idea" in your 'advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. I. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity, or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. HG 00 01 09 16 Page 7 of 21 72 UUN OK7544 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants", or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 8 of 21 HG 00 01 09 16 72 UUN OK7544 u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment— related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury' to that person at whom any "employment-related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment- related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices: and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG 00 01 09 16 Page 9 of 21 72 UUN OK7544 any insured, if benefits for the "bodily injury' are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES AANDB 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract", b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract'; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit" (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit" and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Page 10 of 21 HG 00 01 09 16 72 UUN OK7544 Our obligation to defend an insured's indemnitee liability company), to a co -"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when: related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements; or related to the conduct of your business; b. The conditions set forth above, or the terms of the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met. sister of that co -"employee" or that "volunteer worker" as a consequence SECTION II —WHO IS AN INSURED of Paragraph (1)(a) above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described in Paragraphs owner. (1)(a) or (1)(b) above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services. respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds, but (a) Subparagraphs (1)(a), (1)(b) and (1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or "volunteer worker' providing first aid only with respect to their duties as your services; and managers. (b) Subparagraph (1)(d) above does not d. An organization other than a partnership, joint apply any nurse, emergency medical venture or limited liability company, you are technician paramedic employed by an insured. Your "executive officers" and you to provide such services. directors are insureds, but only with respect to their duties as your officers or directors. Your (2) "Property damage" to property: stockholders are also insureds, but only with (a) Owned, occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees. purpose by 2. Each of the following is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you are a partnership or joint venture), or any Your "volunteer workers" only while member (if you are a limited liability performing duties related to the conduct of p g company). your business, or your "employees", other than either your "executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while performing duties related to the conduct of Any person or organization having proper temporary custody of your property if you die, your business. but only: However, none of these "employees" or (1) With respect to liability arising out of the "volunteer workers" are insureds for: maintenance or use of that property, and (1) "Bodily injury" or "personal and advertising (2) Until your legal representative has been injury": appointed. (a) To you, to your partners or members (if d. Legal Representative If You Die you are a partnership or joint venture), to your members (if you are a limited Your legal representative if you die, but only HG 00 01 09 16 Page 11 of 21 72 UUN OK7544 with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the injury or damage occurs subsequent to the The insurance afforded herein for any execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of this Coverage Part. Any organization you newly acquire or form, other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of "your products" which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period, whichever is earlier; "products -completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury' arising out of an offense (a) "Bodily injury" or "property damage" for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. This exclusion does not apply to With respect to watercraft you do not own that is liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co -"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then repackaged in the original container; b. "Property damage" to property owned by, rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 72 UUN OK7544 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (it) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for 'bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any 'occurrence' which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to 'bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the 'bodily injury' or "property damage', or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) 'Bodily injury', 'property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or HG 00 01 09 16 Page 13 of 21 72 UUN OK7544 (2) 'Bodily injury' or "property damage' included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for 'bodily injury', 'property damage' or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the 'products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured: and (b) This Coverage Part provides coverage for "bodily injury' or "property damage' included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury' or "property damage', or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds, b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of 'bodily injury" or 'property damage' included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury' and 'property damage' included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all 'personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and Page 14 of 21 HG 00 01 09 16 72 UUN OK7544 b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence' or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written HG 00 01 09 16 Page 15 of 21 72 UUN OK7544 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust, or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section i — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also Page 116 of 21 HG 00 01 09 116 72 UUN OK7544 primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 72 UUN OK7544 impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker'. 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. Page 18 of 21 HG 00 01 0916 72 UUN OK7544 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker' does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto' to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers, e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained HG 00 01 09 16 Page 19 of 21 72 UUN OK7544 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos': (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Prod ucts-complated operations hazard": a. Includes all "bodily injury" and "property damage' occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - Page 20 of 21 HG 00 01 09 16 72 UUN OK7544 completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the '.occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. HG 00 01 09 16 Page 21 of 21