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03-0708_TRUGREEN LANDCARE_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this&i day ofd 2003, by and between the City of San Juan Capistrano (hereinafter referred to #s the "City") and TruGreen Landcare (hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide Ball Field Maintenance Services within the City; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work The scope of work to be performed by Contractor shall consist of those tasks as set forth, described, recommended, or required to complete, in the City's request for proposals for City Ball Field Maintenance, dated March 2003, and Exhibit "A" described as the Contractors proposal of April 4, 2003, incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term This Agreement shall commence as of July 1, 2003 and services required hereunder shall continue through June 30, 2006, Section 3. Compensation 3.1 Amount Total compensation for the scope of services for this project shall not exceed 0 0 eighty six thousand nine hundred sixty seven dollars ($86,967.00), as set forth in Exhibit "A", the Proposal incorporated herein by reference. 3.2 Rate Schedule The services shall be billed to the City as the work completed as set forth in Exhibit "B;" the Proposal, attached and incorporated herein by reference. Included within the compensation are all the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment Contractor shall submit monthly invoices based on total services that have been satisfactorily completed for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with the costs provided in the Proposal section of the Proposal Documents and with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual FA 0 0 relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and Construction Site By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Copies of Work Product 3 9 0 At the completion of the contract period, Contractor shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Contractor's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section 13. Indemnity Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Admitted Insurers shall provide insurance required herein in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to rd 0 0 contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Not Applicable 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that 5 0 0 ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination City and Contractor shall have the right to terminate this Agreement without cause by giving thirty- (30) days' advance written notice of termination to the other parry In addition, this Agreement may be terminated for cause by providing ten- (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten- (10) day period. Section 16. Notice All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: TruGreen Landcare 1150 W. Trenton Avenue Orange, CA 92867 Attn: Drew Gordon Section 17. Attorneys' Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 11 0 0 Section 18. Dispute Resolution In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: -�2 A VjWf' (U M rga t R. Monahan, City TO FORM: John IR. SFiaw, City Attorney 7 C. Li CONTRACTOnR By� TruGreen Landcare, 0 0 PROPOSAL BALL FIELD MAINTENANCE From: s Branch 6246 CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Proposal Instructions, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is -accepted, to complete said contract in accordance with the Contract Documents for the following: Active Season preparations to take place 5 times per week on all fields. February 1st through July 1st. •Inactive bailfield preparations are to take place on the 1 st and 15th monthly. "`On -Call preparations will be arranged at least 24 hours in advance and can take place at any battfield listed above. Total Yearly Cost (Active + Inactive X 12, do not include On Call) Twenty Eight Thousand Nine Hundred Eighty Nine & no/100--- (in writing) Total Contract Cost (3 Year Contract, On Call not included) Thousand ng) Seven &:n6/100 $28.989.00 (in figures) $86,967.00 (in figures) EXHIBIT "A" Monthly Park (Balifield). No. of Diamonds Cost for Maintenance Preparations Active Season Inactive` On -Call"" San Juan Sports Park 3 $1,332.00 $429.00- $105.00 Marco Forster Ballfields 2 $888.00 $286.00 $70.00 Cook — La Novia $444.00 $143.00 $35.00 Ballfield 1 Cook — Cordova Ballfields 3 $1,332.00 $429.00 $105.00 Total Monthly Cost 1 9 $3,996.00 $1,287.00 Active Season preparations to take place 5 times per week on all fields. February 1st through July 1st. •Inactive bailfield preparations are to take place on the 1 st and 15th monthly. "`On -Call preparations will be arranged at least 24 hours in advance and can take place at any battfield listed above. Total Yearly Cost (Active + Inactive X 12, do not include On Call) Twenty Eight Thousand Nine Hundred Eighty Nine & no/100--- (in writing) Total Contract Cost (3 Year Contract, On Call not included) Thousand ng) Seven &:n6/100 $28.989.00 (in figures) $86,967.00 (in figures) EXHIBIT "A" 0 0 It is anticipated that the Proposal, if accepted, will commence on July 1, 2003. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing- the firm: President, Secretary; Treasurer, and Manager thereof.) TruGreen TruGreen Dated: April 2, 2003 TruGreen Dated: April 2, 2003 LandCare, A General Partnership LaAdCare L.L.C. Companies L.L.C. 1150 W. Trenton Avenue, Orange, CA I Business Address 92867 714/628-1010 Telephone Number Further, the undersigned Proposer certifies that he has thoroughly checked .the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: April 4, 2003 _1150 W. Trenton Avenue, Orange, CA 92867 Business Address Dated: April 4, 2003 714/628-1010 Telephone Number Signed: 1 x /4J vid G. Evans, Branph Manager 6246 •nrn-uo-cuuc inu uc.ul rn • h84 NU. • I)FSiGNATION OTS REPRESENTA'fIVF I, Robert C. von GrabLn, Vice President and Secretary of T7uGreen LandCarc L.L.C., F. US/Ub general partner of TruGreen LandCare, a California general partnership ("Company"), do iheroby tiulhorize and direct David G, Levans, Branch Manager, TruGreen LandCare, 1150 W, Trenton AvunuL, Orange, California 92867, to represent the Company to execute any and all bid documents, related contracts and documents to cffcctuate the terms of contracts entered into on bohalfof the Company With the City of San Juan Capish ano. This Designation ofReprosentative expires at midnight, April 1, 2004. TRUGREEN LANDCARE, a California general. partnership liy: TruGreen LandCare L.L.C., general partner By: 601' y C�' Robert C. von Gntb Vice President and Secretary Dated: -April 1, 2003 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Name een LandCare, Branch 6246 Company Name 2. 1150 W. Trenton Avenue, Orange, CA 92867 Business Address 3. 714/628-1010 Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From - "to„_, City/Company ContactPerson Contract Amount And Number 1999 -present City of Newport Beach Marde ino Lomeli 949/644-3069 1989 -present City of San Clemente Dennis Roger Reed $390,000.00 949/361-8278 1999 -present City of Yorba Linda Steve Campbell $96,450.00 714/961-7168 1981 -present City of La -Mirada Steve Forester 714/522-6821 1990 -present County of Los Angeles Bob Gonzales $148,800.00 La Mirada Regional.Park 310/965-8226 1994 -present City of Manhattan Bech Juan Price $554,100.00 310/802-5310 Signature David G. Evans TruGreen LandCare, Branch 6246 Company LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 2. David G. TruGreen..LaddGare, Branch 6246 Name 1150 W. Trenton Avenue, Orange, CA 92867 Business Address 3. 714(628-1010 Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Skipl.oader John Deere Model 115310 1993 Loader-.Model.541°-.` Box Scraper 2G2 Series Skiploader John Deere Model 114400,2000 Loader ;-rModel 430 Flail Mower - Model 360 Shatter Tine - Model 2805 Utility vehicle - Toro Sandpro 5000 1998 Laser Level Lasermatk Wizard Rotary Laser with LD400 Universal Laser Detector 2003 Signature'-- David G. Evans\ TruGreen LandCare Branch 6246 Company N IS FAX 714 628.1011 9 PRODUCER Bmmemwer Ceniocate Teem MAR6H USA, Inc. 500 W. M..ro St. ' ChiCAga, IL SWI Alen_ FAX: 877-732.7709 00 -43PART-20004.03108 5246 wsuAEo TruGraen LgndCarR, A GeneMl Partnership P.O. Box 17167 Memphis, TN 36187 TRCGREES LASbCARE#6246 002 THIS CRATIneATE IS ISSUED Al A NATTER OF INPh RYATION ONLY AND CONFEFF NO PICHT3 UPON THE 0EaT1PICATE NoLOER OTNEP THAN TNOSE rROVIokv IN THA POLICY. TRIS CERTRCAT6 005$ NOT AMEND_ EXTEND OR ALTO THE COVEPAOE AFFORO[D BY THE POUOIB3 DESORISEO NENEa1. COMPIAN1E6AFFFORIG0COVERAGE COMPANYy. A ZURICH AMERICAN INSURANCE CO cONpANv -J - 0 AMERICAKI ZUR)CH INSURANCE COMPANY C ILLINOIS NATIONAL INSURANCE COMPANY COI,yMNY �� ( G THIS IA TO C4ATIrY THAT POLICIES OF INSURANCE 00=409D UVReN NAIVE BEEN WAS." TO THE INRUR® NAMED HMIN FOR THE POLICY PMO$ INbKATEP, NOTLMTHiTAN71NC ANY REW PFM5NT, TERM OR CONVMOR 0 ANY CONTRACT OR OTMIN OOOLWEMT WITH RP5A4CT TO WHICH TNG CERTIFICATE MAV RE IS FOOP AMV PCWTAW, THE INRURANCE AFFCHD9P BY TAC PpUCIGS O W!) ARID NGRWN I! SUBJECT TOALL THE TERMS, CONDITIONS AND EXCLUSIONS CO SUCH POLICIES AGGBEOATE LIMTia aMOYMN MAYMAV! REFl1 RgOl1CP0 � PNp CUIMS, TP BATE IMYIe$l1q POSTE [YNmaolYYl TYPE OPINSUPANCE POLICN NUNPEP f— UaJTs q GENERAL LIABILITY GLO 2938528A'1 -� 01/01 A] 01/01106 �PNPPA. Ar_r FruTF IS 500 )( COMMERCIAL GENSML LIABILITY !r-1CLAIMS MAPA X OCCUR ONMER'R a CONTRACTOR'S PROT A AUTOMOBILE UAaILRT SAP2938531.01 (AOS) X LWWiiLLA FORM x +w AUTO 6AP 2WB530-C'I (VA) ITAP A AILOSANEDAUfOs 21T38529LC'I (TX) ENa L1ARILITY 9 HEDUL60 AUTO. WC 2938528-L 1 (IL) HIRE1DAOr05 LTM"L:M'"X-RIETOR1X INCL WC 2938627-1 1 (WI) NON4VMFD AUTOS lVT@ FXCL 4APACE LMRILTTY ANVAUra C EAcaaA UAaMLUT tlk OV9.7tl-0/ X LWWiiLLA FORM OTHER THAN UMBRELLA FORM A OANA COMP SATAN AND VJC 2938525-' 1 (AOS) ENa L1ARILITY WC 2938528-L 1 (IL) LTM"L:M'"X-RIETOR1X INCL WC 2938627-1 1 (WI) OWMUTIVES lVT@ FXCL I IPROf�LICTs-COMPOp ARO $ _ 1 i fPEABONALAAWw Y % 1 Cmu mrn,Nas-Nrc S 1 COMBINED OING.LF LIMIT is 1,000,0001 103 01/01106 103 01/01/06 amILYINJURY s BODILY INJURY s Iy�l aocilAntl PRCPGIITY LVIINADE ••`IS.+- _ 10'I M3 04101 /0A 101/06 $ OES[pIPTION OF OPFJIATIONSILocwTN1N5NEMICLE516P$CIAI'n:R16 - ��1--------- !� --_ _. The City of Sen Juan unNpplstrano And ft elsded and appointed boards, often, agents and employee$ are addlaonal inauredc for which the named ina and hut agreed to provide BMk coverage Uhler wrMen BI: it -ad - CG 2010 I D011OG2037 1001 attached. PdmafyCoverage Endo<aemant attached. Ralerenoe: CNy of sqn Juan Capiatroho - Bellfield hamtenance City of San Juan Capictrano aZA00 Pexo Adelanta Attn: Joe Mankaelloh San Juan Capistronto, CA 92675 t.W In PMT eM TAR Mi kXAA IFISCAYED NANKKAI N CCAANNCCEµER REMOAR THE p{rAA UM LATE iNERE TSE I"URER M.". M a6V 9 MLS NMMfIONOMZ WX. AD gVD w11N[N NPTPE To TN ORNTP, rff Ho'." ~D NNNW. R USA INC. - /1 Chrlely N. Phoebus 07/08/09 TUE 09:19 FAX 714 6281011 ZURICH -AMERICAN INSURAI = C COUP re%umr-RC1AL INSURANCE lneUranee let this "Overage Ped provided hT This endorsement chPnges the Dohcy. Please TRITGREEN LANDCARE#6246 0 AMERICAN INSURANCE COMPANY it carefully. 009 LIABILITY INSURANCE GLO 2938528-01 PPII1AARYINSuRANCE_ENDOM ENT It is agreed that such insurance affr. riled by this policy shall be primary Insurance as respects any claim, 's operations or insurance maintained by theraCtof$ and any other tsubcordlr actorrs or d the loss orrindepenent cont actors shall be excess t and non cantr butory with the insurance provided hereunda ,. u-GoL-t 138 CW (040 Zurich American 6281011 TRUGREEN L-a_VDCARE#6246 Q1004 I -OMA MWIAL GENERAL. LIABILITY CG 20 10 10 01 TEAS P.NDORSENo.'i rr CHANGES M POLICY. PLEASE (LEAD IT CAREFULLY, ADI:, MONAL INSURED - OWNERS, LESSEES OR CONTRAC.' TORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies ins srance pmided under the following: COMMERCIAL GENERAL I.. [ABILITY COVERAGE PART SCHEDULE Name of person or Organizatitn Any Entities for whom the DI timed insured has agreed to provide this coverage per wrinen eootract (if no entry apprvs above, inl4iirmation required to complete this endorsement will be shown in the declarations as applicable to this endorsement) A. Section Il -Who Is An las,ired is amended to include as art insured the person or orgunizatinn shown in the Schedule, but only with rev pier to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurer i e allerded to these additional insureds, the following exclusion is added; 2- Exclusions This insurance does not apply to "bodily injury' or "property damage" occurring after: (1) All work, Including w-itorials, parts or equipment furnished in connection with such work, an the project (other than service, Mintertance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the ccs-rcred operation has been completed; or (2) That portion or "your nark" out of which the injury or damage arises has been put to its untended use -by any person or organization other than another contractor or subcontractor engaged in pedoroung operations for a principal as n part of the same project. CO 20 10 10 01 Page l of I 190 Properties, Inc, 2000 9:19 FAX 714 8281011 TRUGREEN I,A\DCARF#8248 • , t7 005 bkrkk American Insurance Cmi�igiaay Polies Nwober: GLO 2938528 0 ~ Effective Datc of Pdlcy: l!1 /03 - 18/06 ,_ Effective pate of Endarsemmt: 111103— 711106 COMMERCIAL GENERAL LiABiL117Y CG 20 37 10 01 THIS MORSEMENI" CHANGES TFC POLICY. PLEASE READ IT CAREFULLY. ADDII nNAL INSURED - OWNERS, LESSEES OR CON.3 ACTORS - COMPLETED OPERATIONS 'Tis endorsement modifies insuru it= provided under the following COMMERCIAL GENERAL LI 0.BILITY COVERAGE PARI SCHEDULE Name of Person or Organization: Any Entities for whom the Named Insured has agreed to provide this coverage per written cootnicc Location and Description of Corv;tleted Operations; All work performed byTruGreen LandCare Additional Premiurn: INCLUD12101 (If no may appears above, infer, ioation required to complete this endorsement will be sbown in the DerJaralions as applicable In ihi! eidonemett) Section Il -Who 1s An insured is, amended to include as an Insured the person or organization shown int the Schedule, but nnly with respea io liability arising out of "your work" at the Ioealion designated and described in the schedule of this i ndorsement performed for that insured and included in the "products- completerl operations haaard.4 CO 20 37 16 01 Page 1 of I Copyriot,150 Properties, Inc, 2000 07/08/09 TUE 09:20 FAX 714 6281011 TRUGREEN T.ANDCARE#8248 Z006 • • ** 90' 39Hd 1U101 ** MARSH. Pr„wjv At 5&o1.m4encu, AM rbm : 312 627 6654 F¢ 312 627 6747 p„e�,MeC,R4yt�msrsh.mm To Whom It May Concern M�hUSA Int Soo WMt him” sa,n CWaSo, IL 60661-3630 P6un,: 312627 6000 Re: ServiceMaster Colllpan'p and its sub"Jidlarles and afilliates pddltional Insured cove 21ge under General Liability pOTrciei The updated Insurance ncerms are ices;nOw in rice (,+! ls'd into Service Caneral iabili c s forms Policwere updated in 2001, and the The CG 20 10 11 85 endorsement has been requested in the past by owners and general and contractors because it includes th e m as additional insureds for both "ongoing op "completed operations" CG 20 10 10 93 was not aecepta.131e to owners and goneral contractors because it limited the additionalinsured status to "one ling operations." When ISO updated their forms 1.11 2001, they addressed this concern by publishing two additional insured endorsements: CG 20 10 10 Ol to p; Ovide additional insured status for "ongoing operations," and CG 20 37 10 01 to puovide additional insured status for "completed operations." These two endorsements togetb,l x provide the additional insured status that had been provided in CG 20 10 1185. This is going I,n be the industry -standard for providing additional insured status going forward. When ServiceMaster's policies were re -issued effective 1/1/03, the insurer issued them using the current forms and endorsement,!,. Both GG 20 1010 01 and CG 20 37 10 01 are included in ServieeMaster's General Liabi l ay policies and provide the "additional insured" coverage that you have requested. please feel free to call if there a ny questions. very truly yours. Frank McCarthy Senior vice Prseident 174 AGENDA ITEM TO: George Scarborough, City Manager FROM: Amy Amirani, Public Works Director 0 SUBJECT: Consideration of an Agreement— Ball Field Maintenance (TruGreen Landcare) RECOMMENDATION: 5/20/2003 A • By motion, approve the Personal Services Agreement with TruGreen Landcare for performance of Ball Field Maintenance for a three-year period commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989/yr). SITUATION: Major League Softball is currently maintaining the City's ball fields for an annual cost of $34,344. Their three-year contract will expire on July 1, 2003. The City now maintains its fields five times a week during the baseball season. The work needed to keep the infields in top condition includes the following: patching and tamping, dragging, floating, weeding, removal of brick dust from turf, scarifying and laser leveling of the infields, and correction of flooded infields. On March 13, 2003, the Public Works Department sent out requests for proposals to six infield maintenance companies. On April 4, 2003, the City received the following three proposals: Contractor TrueGreen Landscape Professional Sports Field Maintenance Major League Softball Annual Three -Year $44,839.00 $139,517.00 $47,020.00 $141,061.50 The low bidder, TruGreen Landcare, maintains ball fields for the Cities of Newport Beach, San Clemente, Yorba Linda, La Mirada, and Manhattan Beach. These references have all given TruGreen Landcare high marks for their work. They have proven themselves to be a reliable and consistent contractor. For these reasons, staff FOR CITY COUNCIL AGENDA..... 0 0 AGENDA ITEM Paoe 2 May 20, 2003 recommends award of the three-year City Ball Field Maintenance Services to TruGreen Landcare in the amount of $86,967. NOTIFICATION: TruGreen Landcare Major League Softball, Inc Professional Sports Field Maintenance COMMISSION/BOARD REVIEW, RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS: The proposed FY 2003/2004 budget for Ball Field Maintenance is as shown below: Account Amount 01-62414-4456 Brick Dust — Sports Park $ 2,000 01-624194456 Infield Maintenance — Sports Park $16,000 01-62414-4450 Brick Dust — Parks $ 3,000 01-62414-4450 Infield Maintenance — Parks $11,800 Total Budget $32,800 The proposed agreement with TruGreen Landcare, in the amount of $28,989 per year, falls within the proposed budget and would result in an annual budget savings of $5,355. This would translate to a $16,065 savings over the three-year life of the contract. ALTERNATE ACTIONS 1. By motion, approve the Personal Services Agreement with TruGreen Landcare for performance of Ball Field Maintenance for a three-year period commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989/yr). 2. Do not approve award and request staff to rebid this agreement. 3. Request additional information from staff. • • AGENDA ITEM Paoe 3 May 20, 2003 By motion, approve the Personal Services Agreement with TruGreen Landcare Inc. for performance of Ball Field Maintenance for a three-year period commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989/yr). Respectfully submitted, Amy Amirani Public Works Director Attachments: 1. Personal Services Agreement 2. Location Map i 0 PROPOSAL BALL FIELD MAINTENANCE From: TruGreen LAndBare. Branch 6246 CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Proposal Instructions, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is -accepted, to complete said contract in accordance with the Contract Documents for the following: Active Season preparations to take place 5 times per week on all fields. February 1st through July 1st "Inactive ballfield preparations are to take place on the 1st and 15t1h monthly. —On -Call preparations will be arranged at least 24 hours in advance and can take place at any ballfield listed above. Total Yearly Cost (Active + Inactive X 12, do not include On Call) Twenty Eight Thousand Nine Hundred Eighty Nine & no/100--- (in writing) Total Contract Cost (3 Year Contract, On Call not included) Eighty Sive Thousand Nine Hundred Sixty Seven & n6/100 (in writing) $28.989.00 (in figures) $86,967.00 (in figures) EXHIBIT "A" Monthly Park (Ballfield). No. of Diamonds Cost for Maintenance Preparations Active Season Inactive" On -Call"" San Juan Sports Park 3 $1,332.00 $429.00 $105.00 Marco Forster Ballfields 2 $888.00 $286.00 $70.00 Cook — La Novia $444.00 $143.00 $35.00 Ballfield 1 Cook — Cordova Ballfields 3 $1,332.00 $429.00 $105.00 Total Monthly Cost j 9 $3,996.00 $1;287.00 Active Season preparations to take place 5 times per week on all fields. February 1st through July 1st "Inactive ballfield preparations are to take place on the 1st and 15t1h monthly. —On -Call preparations will be arranged at least 24 hours in advance and can take place at any ballfield listed above. Total Yearly Cost (Active + Inactive X 12, do not include On Call) Twenty Eight Thousand Nine Hundred Eighty Nine & no/100--- (in writing) Total Contract Cost (3 Year Contract, On Call not included) Eighty Sive Thousand Nine Hundred Sixty Seven & n6/100 (in writing) $28.989.00 (in figures) $86,967.00 (in figures) EXHIBIT "A" 0 0 It is anticipated that the Proposal, if accepted, will commence on July 1, 2003. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) TruGreen LandCare, A General Partnership TruGreen LandCare L:L.C. Dated: April 2, 2003 TruGreen Companies L.L.C. 1150 W. Trenton Avenue, Orange, CA Business Address 92867 Dated: April 2, 2003 714/628-1010 Telephone Number Further, the undersigned Proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: April 4, 2003 1.150 W. Trenton Avenue, Orange, CA 92867 Business Address Dated: April 4, 2003 714/628-1010 Telephone Number Signed:_ 1 a� M�� vid G. Evanh Manager 6246 mrR-uo-Guua Inu uUul rn • rHA NU, • DESIGNATION OF RREPRESENTA'TIVR Robert C. von Graben, Vice President and Secretary of TruGreen LandCare L.L.C., guneldi purtncr of TruGreen LandCaro, a Califomia gcncral partnership ("Company"), do hereby auihorizc and direct David Q Levans, Branch Manager, TruGrcon LandCare, 1150 W. Trenton Avenue, Orange, California 92867, to represent the Company to execute any kind all bid documents, related contncls and documents to effectuate the terms of contracts entered into on bohalfof the Company with the City of San Juan Capistrano, This Designation ofRopresentative expires at midnight, April 1, 2004, TRUGREEN LANDCARE, a California gcncral partnership BY: TruGreen LandCare L.L.C., gcncral partner By; C _�ltuay. Robert C. von Cmtb Vice President and Secretary Dated: April 1, 2003 F. US/Ub 0 0 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. TruGreen LandCare, Branch 6246 Proposer's Name Company 2. 1150 W. Trenton Avenue, Orange, CA 92867 Business Address 3. 714/628-1010 Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From -``' "to City/Company ContactPerson Contract Amount And Number 1999 -present City of Newport Beach Mardplino Lomeli 949/644-3069 1989 -present City of San Clemente Dennis Roger Reed $390,000.00 949/361-8278 1999 -present City of Yorba Linda Steve Campbell $96,450.00 714/961-7168 1981 -present City of LarMirada Steve Forester 714/522-6821 1990 -present County of Los Angeles Bob Gonzales $148,800.00 La Mirada Regional.Park 310/965-8226 1994 -present City of Manhattan Bech Juan Price $554,100.00 31Q/802-5310 Z 6wv� Signature, David G. Evans TruGreen LandCare, Branch 6246 Company 11 LIST OF EQUIPMENT 0 THIS PAGE TO BE COMPLETED BY PROPOSER AND' SUBMITTED TO CITY AS PART OF QUOTATION. 1 David G. Evans Proposer's Name TruGreen..BaAdCare, Branch 6246 Name 2. 1150 W. Trenton Avenue, Orange, CA 92867 Business Address 3. 714/628-1010 Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Skiploader John Deere Model 415310 1993 , Loader-:Model..54 `-.` Box Scraper 2G2 Series Skiploader John Deere Model #4400,2000 Loader -:-Model 430 Flail Mower - Model 360 Shatter Tine - Model 280S Utility vehicle - Toro Sandpro 5000 1998 Laser Level Lasermark Wizard Rotary Laser with LD400 Universal Laser Detector 2003 Signature David G. Evans TruGreen LandCare Branch 6246 Company VA I 46 THE CITY OF SAN JUAN CAPISTRANO mmeo ors a. S Juan Ballfield 9 4- A 6000 0 3000 9000 Feet ATTACHMENT 2 i 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) 1VIV w. sanjuancapistrano. org July 8, 2003 TruGreen Landcare 1150 W. Trenton Avenue Orange, CA 92867 Attention: Drew Gorgon Dear Sir or Madam: Joe" IIf11NM111 • sssnlnm I 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH A fully executed, original Personal Services Agreement related to providing ball field maintenance services is enclosed. Thank you for forwarding current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Joe Mankawich, Associate Engineer (949) 487-4313. Yours truly, [ an, CMC Agreement cc: Joe Mankawich, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1OS3 (FAX) ivivly sanjuancapis(rano. org May 23, 2003 TruGreen Landcare 1150 W. Trenton Avenue Orange, CA 92867 Attention: Drew Gorgon Dear Mr. Gordon: JMan � • le(peReelle nunnele I 1961 1776 MEMBERSOFTHECITYCO NCIL DIANE L BATH ATE JOHN S. G£LF WYATT HART JOESOTO DAVID M. SWER LIN CITY MANAGER GEORGESCAHBOR UGH A Personal Services Agreement related to providing ball field maintenance services within the City is in the process of being executed. It will be issued to you upon receipt of required documentation related to contract terms under Section 14. Insurance. Insurance evidence may be faxed to (949) 493-1053, followed by original signed documents. Enclosed is a copy of Section 14. Insurance agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Joe Mankawich, Associate Engineer (949) 487-4313. If you have questions regarding the forms of insurance needed, please contact Dawn Schanderl, Deputy City Clerk (949) 443-6310. Thank you, CMC cc: Joe Mankawich, Associate Engineer Amy Amirani, Public Works Director Dawn Schanderl, Deputy City Clerk onuc use Is San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) Iv Iv1v. sanjuancapistrano. org May 23, 2003 9 Jam.► � • I�'p Rnen"tu ulw ' 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L SATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN CITYMANAGER GEORGESCARBOROUGH On May 20, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement - Ball Field Maintenance (TruGreen Landcare)" Item No. D6 The following action was taken at the meeting: Personal Services Agreement with TruGreen Landcare for performance of Ball Field Maintenance for a three-year period, commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989)/year) approved. If you have any questions regarding this action, please contact Amy Amirani, Public Works Director at 487-4313 for more detailed information. Thank you, 1JW,ioMeg Monahan, CMC City Clerk Enclosed: Cc: TruGreen Landcare; Major League Softball, Inc.; Professional Sports Field Maintenance; Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) WAVIV. sanj uancapistrano. org Jwrn '� • nsunurnn � 196I 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 20, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement - Ball Field Maintenance (TruGreen Landcare)" — Item No. D6 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 19, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Amy Amirani, Public Works Director. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san*uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(a)sanivancapistano.org. i Meg " han, CMC cc: TruGreen Landcare; Major League Softball, Inc.; Professional Sports Field Maintenance; Amy Amirani, Public Works Director " Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future AGENDA ITEM TO: George Scarborough, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of an Agreement — Ball Field Maintenance (TruGreen Landcare) RECOMMENDATION: 5/6/2003 D7 By motion, approve the Personal Services Agreement with TruGreen Landcare for performance of Ball Field Maintenance for a three-year period commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989/yr). SITUATION: Major League Softball is currently maintaining the City's ball fields for an annual cost of $34,344. Their three-year contract will expire on July 1, 2003. The City now maintains its fields five times a week during the baseball season. The work needed to keep the infields in top condition includes the following: patching and tamping, dragging, floating, weeding, removal of brick dust from turf, scarifying and laser leveling of the infields, and correction of flooded infields. On March 13, 2003, the Public Works Department sent out requests for proposals to six infield maintenance companies. On April 4, 2003, the City received the following three proposals: Contractor Annual Proposal Three -Year TrueGreen Landscape $28,989.00 $86,967.00 Professional Sports Field Maintenance $44,839.00 $139,517.00 Major League Softball $47,020.00 $141,061.50 The low bidder, TruGreen Landcare, maintains ball fields for the Cities of Newport Beach, San Clemente, Yorba Linda, La Mirada, and Manhattan Beach. These references have all given TruGreen Landcare high marks for their work. They have proven themselves to be a reliable. and consistent contractor. For these reasons, staff rOjZ CITY COUNviL::GENDA AGENDA ITEM Page 2 • May 6, 2003 recommends award of the three-year City Ball Field Maintenance Services to TruGreen Landcare in the amount of $86,967. NOTIFICATION: TruGreen Landcare Major League Softball, Inc Professional Sports Field Maintenance COMMISSION/BOARD REVIEW, RECOMMENDATIONS: N/A FINANCIAL CONSIDERATIONS: The proposed FY 2003/2004 budget for Ball Field Maintenance is as shown below: Account Description Amount 01-62414-4456 Brick Dust — Sports Park $ 2,000 01-62419-4456 Infield Maintenance — Sports Park $16,000 01-62414-4450 Brick Dust— Parks $ 3,000 01-62414-4450 Infield Maintenance — Parks $11,800 Total Budget $32,800 The proposed agreement with TruGreen Landcare, in the amount of $28,989 per year, falls within the proposed budget and would result in an annual budget savings of $5,355. This would translate to a $16,065 savings over the three-year life of the contract. ALTERNATE ACTIONS 1. By motion, approve the Personal Services Agreement with TruGreen Landcare for performance of Ball Field Maintenance for a three-year period commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989/yr). 2. Do not approve award and request staff to rebid this agreement. 3. Request additional information from staff. AGENDA ITEM • Page 3 RECOMMENDATION May 6, 2003 By motion, approve the Personal Services Agreement with TruGreen Landcare Inc. for performance of Ball Field Maintenance for a three-year period commencing July 1, 2003, and ending June 30, 2006, in the amount of $86,967.00 ($28,989/yr). Respectfully submitted, C Gi/1�1 Amy Amirani Public Works Director Prepared . Z:�/ 7 Attachments: 1. Personal Services Agreement 2. Location Map Joe Mankawich Associate Engineer • PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and TruGreen Landcare (hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide Ball Field Maintenance Services within the City; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work The scope of work to be performed by Contractor shall consist of those tasks as set forth, described, recommended, or required to complete, in the City's request for proposals for City Ball Field Maintenance, dated March 2003, and Exhibit "A" described as the Contractors proposal of April 4, 2003, incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term This Agreement shall commence as of July 1, 2003 and services required hereunder shall continue through June 30, 2006. Section 3. Compensation 3.1 Amount Total compensation for the scope of services for this project shall not exceed eighty six thousand nine hundred sixty seven dollars ($86,967.00), as set forth in Exhibit "A", the Proposal incorporated herein by reference. ATTACHMENT 3.2 Rate Schedule The services shall be billed to the City as the work completed as set forth in Exhibit "B;" the Proposal, attached and incorporated herein by reference. Included within the compensation are all the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment Contractor shall submit monthly invoices based on total services that have been satisfactorily completed for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with the costs provided in the Proposal section of the Proposal Documents and with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. PA 0 0 Section 6. Chancres to Scope of Work In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and Construction Site By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and Should Contractor discover any latent or those inherent in the work or as represe this and shall not proceed with furth instructions are received from the City. Section B. Time of Essence restrictions of the work under this Agreement. unknown conditions materially differing from nted by City, it shall immediately inform City of er work under this Agreement until written Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. Copies of Work Product At the completion of the contract period, Contractor shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Contractor's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. 3 0 0 Section 12. Ownership of Documents All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section 13. Indemnity Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Admitted Insurers shall provide insurance required herein in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - El 0 0 owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Contractors Guarantees The Contractor shall furnish to the City, concurrently with the execution of the Agreement, a surety bond in an amount equal to four months compensation (during active season) as security for the faithful performance of the Agreement, and a surety bond in that same amount as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement. Both bonds shall be subscribed by a corporate surety, with a minimum A- rating, which is authorized to transact surety insurance business in the State of California. Should any bond or surety become Insufficient, the Contractor shall furnish the City a new bond within ten (10) days after receiving notice from the City. No payments will be due or paid under the Agreement until any and all deficiencies have been remedied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 5 0 0 14.7 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Section 15. Termination City and Contractor shall have the right to terminate this Agreement without cause by giving thirty- (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten- (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten- (10) day period. Section 16. Notice All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Contractor: TruGreen Landcare 1150 W. Trenton Avenue Orange, CA 92867 Attn: Drew Gordon Section 17. Attorneys' Fees If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 1.1 Section 18. Dispute Resolution In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Aareement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: John S. Gelff, Mayor CONTRACTOR By: c`-�D_ TruGreen Landcare, ATTEST: Margaret R. Monahan, City Clerk APPROV AS TO FORM: John R. Sha y ttorney 7 • • PROPOSAL BALL FIELD MAINTENANCE From: TruGreen LkndCare, Branch 6246 CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as proposer, declares that he has carefully examined the location of the proposed work as described, examined the Specifications and General Provisions, read the Proposal Instructions, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is -accepted, to complete said contract in accordance with the Contract Documents for the following: Active Season preparations to take place 5 times per week on all fields. February Ist through July 1st "Inactive ballfield preparations are to take place on the 1st and 151h monthly. "On -Call preparations will be arranged at least 24 hours in advance and can take place at any ballfield listed above. Total Yearly Cost (Active + Inactive X 12, do not include On Call) ht Thousand Nine Hundred Ei Nine & no/100-- $28.989.00 (in figures) Total Contract Cost (3 Year Contract, On Call not included) Eighty Six Thousand Nine Hundred Sixty Seven &, h6/100 $86,967.00 (in writing) (in figures) EXHIBIT "A" Monthly Park (Ballfield). No. of Diamonds Cost for Maintenance Preparations Active Season Inactive* On -Call"* San Juan Sports Park 3 $1,332.00 $429.00 $105.00 Marco Forster Ballfields 2 $888.00 $286.00 $70.00 Cook — La Novia $444.00 $143.00 $35.00 Ballfield 1 Cook — Cordova Ballfields 3 $1,332.00 $429.00 $105.00 Total Monthly Cost 9 $3,996.00 $1,287.00 Active Season preparations to take place 5 times per week on all fields. February Ist through July 1st "Inactive ballfield preparations are to take place on the 1st and 151h monthly. "On -Call preparations will be arranged at least 24 hours in advance and can take place at any ballfield listed above. Total Yearly Cost (Active + Inactive X 12, do not include On Call) ht Thousand Nine Hundred Ei Nine & no/100-- $28.989.00 (in figures) Total Contract Cost (3 Year Contract, On Call not included) Eighty Six Thousand Nine Hundred Sixty Seven &, h6/100 $86,967.00 (in writing) (in figures) EXHIBIT "A" It is anticipated that the Proposal, if accepted, will commence on July 1, 2003. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) TruGreen LandCare, A General Partnership TruGreen LandCare L.L.C. Dated: April 2, 2003 TruGreen Companies L.L.C. 1150 W. Trenton Avenue, Orange, CA Business Address 92867 Dated: April 2, 2003 714/628-1010 Telephone Number Further, the undersigned Proposer certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. Dated: April 4, 2003 _1150 W. Trenton Avenue, Orange, CA 92867 Business Address Dated: April 4, 2003 714/628-1010 Telephone Number Signed: i A,�A v d G. Evans, Brannh Manager 6246 nra-urcuuo i nu uc u ( n'i Nin NU. 0 DF,SIGNATION QF RE+PRESENTATIVR T, Robert C. von Graben, Vice President and Secretary of TruGreen LandCarc L.L.C., Y. Ub/Ud gunend pnrtncr of TruGreen LandCare, a California general partnership ("Company"), do hereby authorize and direct David G, Evans, Branch Manager, TruGreen LandCare, 1150 W. Trenton Avenue, Orange, California 92867, to represent the Company to execute any and all bid documents, related contracts and documents to effectuate the terms of contracts entered into on bchnlfof the Company with the City of San Juan Capistrano. This Designation of Representative expires at midnight, April 1, 2004, TRUGREEN LANDCARE, a California general partnership Ry: TruGreen LandCare L.L.C., general partner By: 6DL4L V, _ Robert C. van Gntb `- Vice President and Secretary Dated: fpril 1, 2003 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. David G. Evans TruGreen LandCare, Branch 6246 Proposer's Name Company Name 2. 1150 W. Trenton Avenue, Orange, CA 92867 3. Business Address 714/628-1010 Business Telephone Number 4. List at least six (6) Contracts of a similar type - either currently held or held within the past 24 months. From "to City/Company ContactPerson Contract Amount And Number 1999 -present City of Newport Beach Mardelino Lomeli . 949/644-3069 1989 -present City of San Clemente Dennis Roger Reed $390,000.00 949/361-8278 1999 -present City of Yorba Linda Steve Campbell $96,450.00 714/961-7168 1981 -present City of La -Mirada Steve Forester , 714/522-6821 1990 -present County of Los Angeles Bob Gonzales $148,800.00 La Mirada Regional.Park 310/965-8226 resent 310/802-5310 Signature_ David G. Evans TruGreen LandCare, Branch 6246 Company LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. ill David G. Evans TruGreen,LatdCare, Branch 6246 Proposer's Name Company Name 2. 1150 W. Trenton Avenue, Orange, CA 92867 3. 714/628-1010 Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. Skiploader John Deere Model 115310 1993 . , Loader-:Model_541° Box Scraper 2G2 Series Skiploader John Deere Model 114400,2000 Loader Model 430 Flail Mower - Model 360 Shatter Tine - Model 2805 Utility vehicle - Toro Sandpro 5000 1998 Laser Level Lasermark Wizard Rotary Laser with LD400 Universal Laser Detector 2003 Signature- David G. Evans TruGreen LandCare, Branch 6246 Company 7 J" .r THE CITY OF SAN JUAN CAPISTRANO N A 0 3000 6000 9000 Feet ATTACHMENT 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1v1v1v.sanjuancapisirano. org May 23, 2003 • NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL [KANE L BATHGATE JOHN S. GELFF WYATTHART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH On May 20, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement - Custodial Maintenance Services (Come Land Maintenance Company, Inc.)" Item No. D7 The following action was taken at the meeting: Personal Services Agreement with Come Land Maintenance Company, Inc. for performance of custodial services for a three-year period, commencing July 1, 2003 and ending If you have any questions regarding this action, please contact Kathleen Springer, Management Analyst I at 487-4306 for more detailed information. Thank you, `�?�" Giza- 1 Meg onahan, CMC City Clerk Enclosed: Cc: Best Quality Maintenance Services; C & M Building Services; Come Land Maintenance Company; Empire Maintenance Co., Inc.; Pacific Maintenance: Amy Amirani, Public Works Director; Kathleen Springer, Management Analyst I m— a usE is San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) Tvlvw sanjuancapistrano. org May 7, 2003 Ll I muuurtn unnnw 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITU MANAGER GEORGESCARBOROUGH On May 6, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement - Custodial Maintenance Services (Come Land Maintenance Company, Inc.)" Item No. D8 The following action was taken at the meeting: Item removed form the agenda. This item has been scheduled for the May 20, 2003 meeting If you have any questions regarding this action, please contact Kathleen Springer, Management Analyst I at 487-4306 for more detailed information. Thank you,, M Mon han, CMC Ci Cler Cc: Come Land Maintenance Company, Inc.; Best Quality Maintenance Services; C & M Building Services; Empire Maintenance Co., Inc.; Pacific Maintenance; Amy Amirani, Public Works Director; Kathleen Springer, Management Analyst I onus use 1s San Juan Capistrano: Preserving the Past to Enhance the Future 0 $2400 PASEO ADELANTO 15AN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) 1v1v1vsanjuancapistrano. org Jam► Ieuurum • DIIIl4111 1961 1776 MEMBERS OFTHE CM COUNCIL DIANE L BATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARSOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 6, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement - Ball Field Maintenance (TruGreen Landcare)" — Item No. D7 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 5, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(aisanivancapistano.org. Meg Monahan, CMC City Clerk cc: TruGreen Landcare; Major League Softball, Inc.; Professional Sports Field Maintenance; Amy Amirani, Public Works Director; Joe Mankawich, Associate Engineer Received staff report ORW USE IS San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) w1v1v sanjuancapistranO.Org May 7, 2003 j� mnnrnum eumm�o 1 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL DIANELBATHGATE JOHN S. GELFF MATT HART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH On May 6, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement - Ball Field Maintenance (TruGreen Landcare)" Item No. D7 The following action was taken at the meeting: Item removed form the agenda. This item has been scheduled for the May 20, 2003 meeting If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 487-4313 for more detailed information. Thank you, Meg Mpna*n, CMC Cc: TruGreen Landcare; Major League Softball, Inc.; Professional Sports Field Maintenance; Amy Amirani, Public Works Director; Joe Mankawich, Associate Engineer onus use is San Juan Capistrano: Preserving the Past to Enhance the Future 9 41 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: ^ 'rh Assnri^ta Fnwwer FROM: Christy Swanson, Secretary DATE: June 1, 2006 SITUATION: At their meeting on May 20, 2003, the City Council of the City of San Juan Capistrano approved an agreement with TruGreen Landcare to provide Ball Maintenance Services. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2006 Please notify this office if agreement has been extended or completed ACTION TO BE TAKEN: Core. ��i� �� w�t� � DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTIO " /� DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** 1 Tickler Date: 06/01/06 \ Deadline Date: 06/30/06 cc: Department Head (600.301trugreen) O rd g-�' cl�-