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
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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
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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
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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
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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
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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.
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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,
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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"
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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
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0 AMERICAKI ZUR)CH INSURANCE COMPANY
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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
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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
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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�-