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HomeMy WebLinkAboutJensen Landscape Services, Inc.CONTRACTING SERVICES AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND Jensen Landscape Services, Inc. THIS AGREEMENT for Contracting services is made by and between the Town of Los Altos Hills ("Town") and Jensen Landscape Services, Inc, ("Contractor") (together referred to as the "Parties") as of December 1 J 2014 (the "Effective Date"), Section 1. SERVICES, Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to Town the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. Ill Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on Nov 3 01 2015, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8, The time provided to Contractor to complete the services required by this Agreement shall not affect the Town's - right to terminate the Agreement, as referenced in Section 8, 1,2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged. 13 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement, In the event that Town, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from Town of such desire of "Town, reassign such person or persons. 1,4 Time, Contractor shall devote such time to the pefforman'ce of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1,1 above and to satisfy Contractor's obligations hereunder, 145 Public Works Requirements.' The services described in Exhibit A constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code, As a,result, Contractor is required to comply with the provisions of the Labor Code applicable to'p'ublic works, to the extent set forth in Exhibit C. Contractor shall waive, indemnify' hold harmless, and defend Town concerning any liability arising out of Labor Code Section 1720 et seq, Section 2. COMPENSATION, Town hereby agrees to pay Contractor a sum not to exceed ceed $65,650,00, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement, In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement. shall prevail, Town shall pay Contractor for services rendered pursu.a'nt to Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc, Page 1 of 14 this Agreement at the time and in the manner set forth herein, The payments specified below shall be the only payments from Town to Contractor for services rendered pursuant to this Agreement. Contractor. shall submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town in writing, Contractor shall not bill Town for duplicate services performed by more than one person. Contractor and Town acknowledge and agree that compensation paid by Town to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the -p-brties further agree that compensation hereunder is intended to include the costs of contributions to any pensions I and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. 'Tbwn therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date, Invoices shall contain the following information: a Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc,; 0 The beginning and ending dates of the billing period; 0 A Task Summary containing the original contract amount, the amount of, prior billings, the total due this period,, the balance available under the Agreement, and the percentage of completion; N At Town's option, for each work item in each task, a copy of the applicable" time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; W The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of. Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; 0 The amount and purpose of actual expenditures for which reimbursement is sought; a The Contractor's signature, 2.2 Monthly Payment,, Town shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred, Town shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor, 2.3 Final moment. Town shall pay the last 5% of the total sum due pursuant to thi's Agreement within 60 days after completion of the services and submittal to Town of "a final invoice, if all services required have been satisfactorily performed. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 2 of 14 2.4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to this Agreement. Town shall not pay any additional sum for any expense or.cost 11 whatsoever incurred by Contractor in rendering services pursuant to this Agreement. Town shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment, 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $0,00. Expenses not listed below are not chargeable to Town, Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Pa anent of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non -California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the Town or Contractor terminates. this Agreement pursuant to Section 8, the Town shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Contractor is not authorized to perform any . I services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT, Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc, Page 3 of 14 provide proof satisfactory to Town of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the Town. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town. Verification of the required insurance shall be submitted and made part of this Agreement prio'r to execution, Contractor shall maintain all required insurance listed herein for the duration of this Agreement, 4A Workers' Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for' any and all persons employed directly or indirectly by Contractor, The Statutory Workers' Compensation Insurance and E * mployer's Liability Insurance shall.be provided with limits of not less than $1,000,000,00 per accident. In the alternative, Contractor may rely on a self- insurance program to meet those requirements, but only if the program of self-insur8nee complies fully with the provisions of the California Labor Code, Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, The insurer, if insurance is provided, or the Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation against the Town and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement, 4.2 Commercial General and Automobile Liability Insurance. nce, 421 General reguirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000.00 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the ge­,neral aggregate limit shall apply separately to the work to be performed und0r'-.this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal 'Injury, including death resulting therefrom, and damage to proporty resulting from activities contemplated ',ender this Agreement, including the .use of owned and non -owned automobiles, 4.2.2 Minimum scope of cove Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence' form CG 0001 (most recent edition) covering comprehensive General Liabilitybin an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code I (any auto), No endorsement shall be attached limiting the coverage, 4.2.3 Additional requirements., Each of the following shall be included 'in' the insurance coverage or added as a certified endorsement to the policy: Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 4 of 14 a, The Insurance shall cover on an occurrence or an occurrence basis, and not on a claims -made basis. b. Town, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles o'-W'ned, leased, hired, or borrowed by the Contractor, G. For any claims related to this Agreement or the work hereunder, the Contractor's insurance covered shall be primary insurance as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it, d. Each insurance policy required by this clause shall be endorsed to state !I that coverage shall not be canceled by either party, except after 30 days' It prior written notice has been provided to the Town, 4.3 Professional Liability Insurance, U I rak ^nfe P^n#rn^%V f^r n+ ^%A1 nA ^ja V71 1 VANVWt VWI-01�4 1WV11VU VVV1-.r-e"_. Y__ .1.111 K 4h- f&--Ag--r=eemz ent—p�r-afeesrien-a!H+ab ,licensed -p�r-&fes-siiionr ats-pai1oT. m.,i,r4.g . � "1 11 f +r% '" - I - �11 �. W., ,.- -4 W- - - gresm- on- tAn.-a-a mnow;-t n ."-nay=de,d-uG-t-ib;le-of-s-el!.mw.ed-r-eten�5,n--sh-al,l ret-ex-eeed-$-%O-,000-pe.r 4,12 Claims -made limitations. The following provisions shall apply if the professional liability coverage is written on a claims -made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of 'insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially'available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Contractor must purchase an extended period coverage for a minimum of five years after completion of work under this Agreement, Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc, Page 5 of 14 d. A copy of the claim reporting requirements must be submitted to the Town for review prior to the commencement of any work under this Agreement. 4.4 All Policies Reguirements, 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than AMI. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Contractor shall furnish Town with complete copies of all policies delivered to Contractor by the insurer, including complete copies of all endorsements attached to those policies, All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the'Town does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor's obligation to provide them, The Town reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self -Insured Retentions, Contractor shall disclose to and obtain the written approval of Town for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the Town, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Town, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations, claim administration and defense expenses. Further, if any insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer's liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer's liability, Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible, 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e. limit that is eroded by the cost of defense), 4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc, Page 6 of 14 The Workers' Compensation policy shall be endorsed with a waiver of subrog'ation in favor of the entity for all work performed by the Contractor, its -employees, agents, and subcontractors. 4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4,5 Remedies. In addition to any other remedies Town may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option exercise any of the following remedies, which are alternatives to other remedies Town may have and are not the exclusive remedy for Contractor's breach: Obtain such 'insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreernent;' Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or N Terminate this Agreement, Section 5, INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES, Contractor shall indemnify, defend with counsel acceptable to Town, and hold harmless Town and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, Claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's performance .pf the Services or its failure to comply with any of. its obligations contained in this Agreement, except such U.Mility caused by the sole negligence or willful misconduct of Town. The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the Town, unless this time has been extended by the Town. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the Town, may be retained by the Townuntil disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first, With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type to express or implied 'Indemnity against the Indemnitees. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 7 of 14 Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Contractor -'shall indemnify, defend,, and hold harmless Town for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, a's well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Town, Section 6. STATUS OF CONTRACTOR. 6,1 Independent Contractor, At all times during the term of this Agreement, Contractor- shall be an independent contractor and shall not be an employee of Town, Town shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise Town shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement, Notwithstanding any -other Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Town, including uding but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Town and entitlement to any contribution to be paid by Town for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as Town may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of Town in any capacity whatsoever'ds an agent, Contractor shall have no authority, express or implied, pursuant to this Agreement to bind Town to any obligation whatsoever. Section 7. LEGAL REQUIREMENTSM 7.1 Governing Law. The laws of the State of California shall govern this Agreement, 72 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder, 73 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontr6otors shall comply with all applicable rules and regulations to which Town is bound by the terms 4 of such fiscal assistance program, Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc, Page 8 of 14 7.4 Licenses and Permits. Contractor represents and warrants to Town that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, Contractor represents and warrants to Town that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town, 7.5 Nondis-crimination and Egual Opportunity, Contractor shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or partioipant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this .Agreement, Section 8,. TERMINATION AND MODIFICATION,!, 8A Termination. Town may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days' written notice to Town and Shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; Town, however, may condition payment of such compensation upon Contractor delivering to, Town any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the Town in connection with this Agree m'ent. 81 Extension. Town may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 11. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if Town grants such an extension, Town shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 9 of 14 The Parties have executed this Agreement as of the Effective Date. TOWN OF LOS ALTOS HILLS Carl Cahill, City Manager Attest: ELI ALI i: o: am n. 7 zw- rs Approved as to Form: Steven T. Mattas, Town Attorney 1070873.1 Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 14 of 14 Model Bay Friendly Landscaping Maintenance Specifications MODEL BAY -FRIENDLY LANDSCAPE MAINTENANCE SPECIFICATION SECTION 4.1 Page 1 Model Bay Friendly Landscaping Maintenance Specifications Page 2 Section 4: Landscape Specifications for Plant Types and Landscape Zones 4.1 Turf A. Standards for Health and Appearance Turf shall be maintained to sustain an attractive appearance, and good health with deep roots uniform green color, and uniform density with no bare spots, B. Protect Environmental Resources Turf shall be maintained using materials and methods that protect environmental quality and human health, conserve water and energy, minimize waste, and reuse and recycle materials to the extent possible. C. Mowing and Edging 1. Turf shall be mowed and edged at regular intervals to maintain a neat appearance and healthy growth. 2. Grasscycling shall be employed for all turf areas (see A Bay -Friendly Landscaping Guide to Grasscycling, available at www,BPYErlendly.or g,). Grasscycling requires an integrated management system of irrigation, mowing height, and mowing frequency. Key components are: a. Mow often, at least once a week during the growing season. b. Mow when the turf is dry; at least on the day following irrigation. c. Maintain equipment to keep blades sharp and balanced; usually sharpen once a week, Keep area under the mower deck clean. Mulching mowers are more effective, but not required for grasscycling. d. Leave clippings on the turf. A second pass over clumps or windrows may be necessary if clippings are long. Clipping may not be left on turf in clumps or windrows. e. Seasonal rains may require temporarily halting of grasscycling because of excessive moisture. The clippings must be picked up and used as a mulch or transported to a plant debris recycling facility. Do not use grass clippings as a mulch if an herbicide has been applied to the turf. 2, Turf will be mowed at a height appropriate for the species of turf: a. Tall fescue 2-311 b. Bluegrass, ryegrass, red fescue 1.5-2.531 c. Dichondra, bermudagrass 0.6-1,011 3. Turf will be cut with appropriately sized equipment which will give a neat appearance without rutting, sliding over or scalping the turf. 4. Mowing patterns will be changed weekly or however often necessary to avoid rutting. 5. Turf areas adjacent to pavements shall be edged on a vertical plane every other mowing. 6. A stringtrimmer or shears shall be used to trim around valve boxes, headerboards, etc, in the turf, on a regular basis to maintain a neat appearance. 7. Turf shall be maintained away from the base of features in the turf at the following distances: a. Trees 2411 b. Signs and similar features 411 c. Buildings and other structures 4 8. Clippings will be removed from paved surfaces the day of the mowing and edging. 9. Contractor shall take care to avoid damaging plants, equipment, signs, buildings, vehicles, etc. during turf maintenance operations. Any trees which have more than 50% of the circumference of the trunk tissue removed or damaged by string trimmers or mowers shall be considered destroyed and shall be replaced at the Contractor's expense with like species and size. D. Leaf Litter 1. Mulch leaf litter with mowers as needed throughout the fall and winter months. Large concentrations of leaves may require pickup. Rakes are preferred for leaf litter removal over blowers. 2. Leaf litter will not be allowed to accumulate to the point that it will damage or kill turf. Model Bay Friendly Landscaping Maintenance Specifications Page 3 3, Leaf litter that is removed from turf will be either chopped and used on-site, or transported to a plant debris recycling facility. E. Aerating and De -thatching 1. Aerate turf per schedule. Use equipment with hollow tines that removes a soil core. Topdress with 1/4 inch fine compost. Overseed to fill in thin spots and to crowd out weeds. 2. Dethatch turf when thatch accumulates to a one-half inch thickness by cutting with a vertical mower. Thatch shall be raked and either composted for use elsewhere, or transported to a greenwaste recycling facility. 3. Aeration and dethatching activities should be scheduled to coincide with active growth period of the turf species, avoid hot weather conditions, and avoid peak time of crabgrass and other weed seed germination, F. Water Management 1. Turf shall be irrigated to provide adequate water to maintain an attractive, green, healthy turf, and moderate growth rate during its growing season, without stimulating excessive growth rates. 2. The water budget approach to irrigation scheduling shall be used to match turf need with water application and avoid over -irrigation. 3. Irrigation frequency under normal conditions should not exceed three times per week. G. Sol] and Nutrition Management 1. Contractor shall incorporate composted organic amendments into soil prior to planting annuals or replanting damaged turf or ground cover as per Sections 3.3.D, Soil and Plant Tissue Analysis and 3.3.E., Incorporate Organic Soil Amendments, 2. Fertilization shall be managed to provide moderate, not excessive, turf growth, and to avoid polluting surface and ground waters, Grasscycling reduces the fertilization requirement of turfgrass by 15-20%. 3. Fertilizer applications are to be made on a prescription basis only when soil and/or plant tissue analyses identify specific, deficiencies, For bidding purposes plan to apply approximately 3.5-4.5 lbs. of actual nitrogen to cool season grasses per year in four applications. Include the available nitrogen from grasscycling and applying compost as a topdressing in the calculations of actual nitrogen, 4. Contractor shall select fertilizers that are released over a period of time, are predominantly organic and derived from natural sources, are produced locally, and will not pollute surface and ground water when properly used to provide primary nutrient needs of turf. H. Pest Management 1. Contractor is responsible for monitoring turf to identify and assess pest problems, and for taking action to control pests that affect turf health and appearance when pest populations or damage exceed established thresholds. 2. Contractor shall employ integrated pest management procedures. 3. Contractor shall select pest controls to provide adequate pest control without harming non -target organisms, or negatively affect air and water quality and public health. Pest management shall rely first on cultural, mechanical, physical, and biological control methods. Chemical controls may be applied only when monitoring indicates that preventative and non -chemical methods, are not keeping pests below acceptable levels. When pesticides are required, the least toxic and the least persistent pesticide that will provide adequate pest control will be applied. Pesticides may not be applied on a prescheduled basis. 4. Contractor may not apply restricted chemicals that may harm water resources. MAINTENANCE SCHEDULE FOR PURISSIMA PARK 4 Task I lFrequency Seasonal Schedule Task Notes and Details 1.0 General Park Maintenance I — Trash and organic debris removal In all outdoor park areas 1/week Clear and dispose of cuttings, fi&-r, leaves, trash, etc. Tree trimmingand brush trimming 1/year rotal Cost for Task #1 $ 2.0 Irrigation System Maintenanceand Tuning Monitor overall turf watering conditions I/week Adjust zone times and report Issues such as wet or dry spots or malfunctioning heads Monitor overall landscape watering 1/week Adjust zone times and report issues such as wet or dry spots or malfunctioning heads Repair malfunctioning sprinkler heads As needed Repair irrigation system malfunctions As needed cycle through all automatically controlled zones 1/month Confirm all nozzles are clear, heads ere rotating, and rotating limits are set properly Test run manual Inflold wetting systems on all 4 fields 1/month Confirm all nozzles are clear, heads are rotating, and rotating limits are set properly -Total Costfor Task a $ 3,0 Turf Grass General Maintenance IMow 1/week Seed and top dress bare spots I/month organic pellet fertilizer .......... . 2/year No summer fertilizer Aerate turf grass, knife 1/month up to 101year exclude Dec and Jan , .. . - . . - Weed control, pre -emergent r a 2/year min o s needed Weed control, broadleaf spot treat as needed Weed control, post -emergent as needed... . ... I Pest control as needed For F .. .. r turf pest IIntal Cost for Tenk#3 $ 4.0 November Turf Grass Renewal Aerate turf gross, plug and apply organic compost mix 1/year November ASAP after DST Sod Installation Allowance 1/year November ASAP after DST Base contract to Include 3000 sf total of sod per year . ....... Generally requires 600sf on each of Inflelds 1, 3, and 4, and 800 sf on field 2. Another 400 sf for misc. Restore straight basepath cuts and neat pitch and base area cutouts Generally requires resodding ol'a 21 to4'widestripof turf along Infield basepaths . ... . .... . .. . . ....... .. Remove pronounced ridges (lips) at grass/skin interfaces . . . . . ......... Restore level transitions at Interfaces of turf and skinned areas on infields, mounds, and warning tracks. This generally requires cutting out a few areas and resodding to lower turf Wa-e it —Interface. ,Resod arreseed other bare orthlnned turf areas. Use remaining sod for outfield patching, reseed areas as needed If sod allowance Is used up, Close off sodded/seeded areas Install stakes and caution tape around each of the four turf diamond areas and "repaired outfield areas. Total Cast for task #4 $ 5.0 ISkinned Areas General Maintenance Nall drag, screen drag, and level2/week Mon & Fri, March thu July All dirt areas within ballfleld fences, including*- Infields, foul areas, and warning tracks 2/month Aug, Sep, Oct, Nov 1/month Dec, Jan, Feb Repair base path and sliding areas I as needed )t . ..... . ...... All holes and depressions will be repaired with fines to level playing conditions . .Repair pitching mounds and bullpen area mounds - I as needed at each dra screen/level . ..... .. ..... .... .... ... . .. . ...... - A base of clay brick or synthetic mats exists In the pitching areas, Holes In that base will be filled with bag clay and the base should be Ttop�ij* with approx I" with fines, Repair batters haxesJcatching areas at home plates as needed at each drag/screen/level A base of clay brick or synthetic mats exists In the batting and catching areas at home plates on the 4 I Holes In that base will be filled with bag clay and the base should be topped with approx I" with fines, Total Cost for Task #5 $ 6.0 Spring Renewal of Skinned Ballfield Areas I 1/year In last two weeks of Feb Z�WRWriiny season may delay work Into March Recondition all ballfleld skinned surfaces --Wil Areas within fenced perimeter on each field Including Inflelds, foul terqR%�n_dwarnlng tracks. approx 4" deep, level, and compact with roller Provide redflnes "candlestick mix" for Infield level restoration Base contract shall Include 6 tons total to be spread on the 4 Inflelds to restore level of fines Provide redflnes "candlestick mix" for maintenance pile - Base contract shall Include another 6 tons• total to be dropped on site In a location specified byTown. Mark out mat/clay brick and sprinkler locations prior to tilling Contractor will not damage or disturb pitching, batting, and catching area mats and clay materials, Rebuild of mound/batting/catching base materials excluded Requirements vary from year to year and will be estimated separately. Toted Cost for Task #6 $ GRAND TOTAL COST FOR TASK #1- #6 EXHIBIT A SCOPE OF SERVICES Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Service, Inc, Page I of 1 Exhibit A TOWN OF LOS ALTOS HILLS I REQUEST FOR PROPOSALS FIELD MAINTENANCE SERVICES FOR LOS ALTOS HILLS - PURISSIMA PARK Table of Contents 1. PROJECT OVERVIEW 11. GENERAL REQUIREMENTS AND INFORMATION 111. SCOPE OF SERVICES I IV. PROJECT MANAGER V. TIME REQUIREMENTS VI. PROPOSAL REQUIREMENTS VII. SELECTION CRITERIA VIII. ATTACHMENTS ATTACHMENT 1 Maintenance Schedule for Purlissima Park ATTACHMENT 2 Model Bay -Friendly Landscape Maintenance Specification. section 4.1 ATTACHMENT 3 Sample Town Agreement H I, PROJECT OVERVIEW The Town of Los Altos Hills is seeking proposals from qualified vendors to provide field maintenance services at the Town's Purissima Park. The purpose of this bid is to designate a maintenance contractor that will work with the Town to maintain the fields and minimize water usage, 11, GENERAL RE' QUIREMENT S AND INFORMATION The Town must receive four (4) copies of the proposal by 4:00 pm on June 11, 2014 at the Following address: Office of the City Clerk Town of Los Altos Hills 26379 W. Fremont Rd. Los Altos Hills, CA 94022 Or one printable PDF copy via email, sent to: Deborah Padovan, City Clerk dpadovan@losaltoshills.ca.gov All proposals must be clearly marked: "Sealed Proposal — Field Maintenance Services for Purissima Park." There is no express or implied obligation for the Town of Los Altos Hills to reimburse responding PROPOSER for any expenses incurred in preparing proposals in response to this request. The Town of Los Altos Hills reserves the right to retain all proposals submitted, and to use any ideas in a proposal regardless of whether that proposal is selected.. Submission of a proposal 'Indicates acceptance by the PROPOSER of the conditions contained in this request for proposal, unless clearly and specifically noted, in the proposal submitted and. confirmed in the contract between the Town of Los Altos Hills and the PROPOSER selected, HL SCOPE OF SERVICES See attached Maintenance Schedule for Purissima Park and Model Bay -Friendly Landscape Maintenance Specification section 4.1. 1. Contractor Requirements The Contractor shall provide maintenance services for healthy turf and landscaping while minimizing water usage. A. Contractor shall have the knowledge and skill to perform. filed maintenance, manage irrigation system, enhance water conservation, and monitor water usage. Contractor shall have the following: 0 Substantial knowledge of baseball field maintenance and water conservation, B. A minimum of three (3) years of experience providing similar services for projects of similar scope and magnitude. D. Contractor will provide qualified, trained personnel who have demonstrated experience and knowledge required for this project, E. Personnel applying herbicides must have a Qualified Applicator License or Qualified Applicator Certificate with the State of California Department of Pesticide Regulation with qualifications in the Landscape Maintenance category that are registered with Santa Clara County and are current and valid at the time of the bid submittal and throughout the term of the contract. F, Contractor must have a valid business license. G, As required by law, any for-profit vendor shall pay all employees California prevailing wages for each trade or classification on the job during the -term of the contract. These rates include employee payments for health and welfare, pension., vacation, travel time, subsistence pay and apprenticeship or training. Copies of the prevailing wages are on file with The Town of Los Altos Hills, Fremont Road, Los Altos Hills, CA 940224 IV. PROJECT MANAGER Questions about the project may be directed to: Richard Chiu, Director of Public Works Town of Los Altos Hills 26379 Fremont Rd. Los Altos Hills, CA 94022 rchiu@losaltoshills.ca.gov V. TIME REQUIREMENTS The following is a tentative time schedule: Date Activi!y .5/14/14 Release RFP and timeframe of RFP .6/11/14 Due date for proposals 6/19/14 Staff s recommendation to City Council/ contract awarded 7/1/14 Contract start date VI. PROPOSAL REQUIREMENTS The Proposal should include the minimum information requested below in the order listed. Additional information, if provided, should be separately identified in the proposal. Section One — Transmittal Letter A cover letter signed by an official authorized to solicit business and enter into contracts for the PROPOSER, The cover letter should include the name, address, email address, and phone number of contact person. Section Two — Experience and Qualifications A description summarizing the PROPOSER's experience over the past three years in performing similar services. Statement of qualifications and experience of principals and key personnel, including relevant documentation (e.g., resumes, certification) Section Three — References • Provide references from three clients. Include the name, email address and telephone number for a contact person from each reference. Section Four— Cost of Services • Total cost for the services identified in the Scope of Services section, with separate estimates for budget allocated to each task listed in the Maintenance Schedule for Purissima Par1c. Reimbursables shall be included in the cost of services. VII, SELECTION CRITERIA The Town will select the successful proposal based upon several evaluation factors, including features as outlined in the RFP Scope of Services, completeness, price, qualifications of personnel and demonstrated knowledge and experience providing similar services. The selection of finalists and the final award will be decided. based. on the proposal submitted by a qualified vendor that best meets the needs of the Town as determined by the Town. Contract award will be subject to the approval of the Los Altos Hills City Council. VIII. ATTACHMENTS ATTACHMENT I Maintenance Schedule for Purissima Park ATTACHMENT 2 Model Bay -Friendly Landscape Maintenance Specification section 4.1 ATTACHMENT 3 Sample Town Agreement EXHIBIT B COMPENSATION SCHEDULE Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Service, Inc, Page 1 of 1 Exhibit B Section Four — Cast of Services Pricing Monthly Task I General Park Maintenance 573.00 Care of facility not directly related to turf and field maintenance Trash and Debris pick up and disposal Tree trimming (.1S' limit) and brush trimming Task 2 Irrigation $ 599.00 Monitor overall turf conditions Monitor overall landscape water Cycle through all control zones Test run manual infield wetting systems Task 3 Turf General Maintenance $1487.00 Mowing, fertilizing, aeration, weed control Monthly Over -seed and Pest Control Task 4 November Turf Renewal $1,588.25 Aerate turf, plug and apply organic compost mix 3,000 sgmare feet Sod Allowance Over -seed (10,000 square feet) Close off areas Task 5 Skinned Areas General Maintenance 617.00 Nail drag, screen drag and level Repair base path and sliding areas Repair mound and bull pen areas Repair batter byes and catching areas Task 6 renewal of Skinned Areas ; $ 606,59 Add (6) cubic yards Candlestick/ ATT mix Till 4" deep Level and roll Supply {6} cubic yards Candlestick/ ATT mix for Maintenance file Total +x,876.00 $ 71188.00 17,844,00 7140 4.00 7..279.00 TOTAL $5,470,84 $65,650.00 Jensen Landscape Services, Inc. License #537854 EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day's work under this contract, B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one -and -one-half times the basic rate of pay, C. The Contractor and its subcontractors shall forfeit as a penalty to the Town $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following, WAGES: A. In accordance with California Labor Code Section 1773.2, the Town has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the Town Public Works Office and shall be made available on request. The Contractor and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. B. In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Contractor or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Service, Inc, Page I of 3 Exhibit C prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their obligations under the California Labor Code, The Contractor or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per them wages by the subcontractor, the Contractor is not liable for any penalties therefore unless the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following requirements: 1. The contract executed between the Contractor . and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1776, 1776, 1777.6, 1813, and 1815. 2, The Contractor shall monitor payment of the specified general prevailing rate of per them wages by the subcontractor by periodic review of the subcontractor's certified payroll records, 3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per them wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813, C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A, Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following-, 1, The information contained in the payroll record is true and correct, 2, The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer's employees on the public works project, Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Service, Inc. Page 2 of 3 Exhibit C The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776, D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and any subcontractors engaged in performance of the services described in x E 'hibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts, E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Service, Inc, Page 3 of 3 Exhibit C 83 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8,4 Assignment and Subcontracti,nj Town and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to Town for entering into this Agreement was and is the professional reputation and competence of Contractor, Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator, Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8,5 Survival, All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between Town and Contractor shall survive the termination of this Agreement, 8.6 Options upon Breach -by -Contractor. If Contractor materially breaches any of the terms of this Agreement, Town's remedies shall included, but not be limited to, the following: U1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different Contractor to complete the work described in Exhibit A riot finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Contractor pursuant to Section 2 if Contractor had completed the work, Section 9. KEEPING AND STATILISOF REQORDS. 9.1 Records Created as Part of Contractor's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town, Contractor hereby agrees to deliver those documents to the Town upon termination of the Agreement, It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Town and are not necessarily suitable for any future or other use, Town and Contractor agree that, until final approval by Town, all data, plans, specifications, reports and other documents are Contracting Services Agreement between Town, of Los Altos Hills and Jensen Landscape Services, Inc. Page 10 of 14 confidential and will not be released to third parties without prior written consent of both parties. 9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements ch a.'rged to the Town under this Agreement for a minimum of 3 years, or for any longer Oeriod required by law, from the date of final payment to the Contractor to this Agreement. 93 Inspection and Audit of Records. Any records or documents that Section 9,2 of this Agreement requires Contractor to maintain shall be made available for inspection, -audit, and/or copying at any time during regular business hours, upon oral or written request of the Town. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of 3 years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled, The court may set such fees in the, same action or in a separate action brought for that purpose, 10,42 Venue, In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Santa Clara or in the United States District Court for the Northern District of California, 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect, The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement, 10,5 Successors and Assigns, The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties, 10,,6 Use of Recycled Products, Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 11 of 14 10.7 Conflict of Interest, Contractor may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location, would place Contractor in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 of seq, Contractor shall not employ any Town official in the work performed pursuant to this Agreement. No officer or employee of Town shall have any financial Interest in this Agreement that would violate California Government Code Sections 1090 et seqp Contractor- hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the Town, If Contractor was an employee, agent, appointee, or official of the Town in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of Government Code § 1090 of seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the Town for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation, Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials, 10.9 Contract Administration. This Agreement shall be administered by Richard Chiu Jr. ("Contract Administrator"'). All correspondence shall be directed to or through the Contract Administrator or his or her designee, 10.10 Notices, Any written notice to Contractor shall be sent to: Jensen Landscape Services, Inc. 1983 Concourse Drive San Jose, CA 95131 Any written notice to Town shall be sent to: Richard Chiu Jr. 26379 Fremont Road Los Altos Hills, CA 94022 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation, The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 12 of 14 RESOLUTION 67-14 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AWARDING A CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES AT PURISSIMA PARK TO JENSEN LANDSCAPE SERVICES,INC. WHEREAS, the City Engineer of the Town of Los Altos Hills did, duly examine and consider all bids submitted for landscape maintenance services at Purissima Park in Los Altos Hills, California; and WHEREAS, Colony Landscapes in Alviso made an error in their proposal; and WHEREAS, the City Engineer recommends that the contract for said project be awarded to Jensen Landscape Services in San Jose, in an amount of$65,650.00; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that: 1. The July 16, 2014 award to Colony Landscapes is hereby withdrawn. 2. The City Manager is hereby authorized and directed to execute a contract to Jensen Landscape Services on behalf of the Town of Los Altos Hills. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 10th day of November, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: None BY- John Radford, Mayor ATTEST: eborah-Padoyan, City Clerk Resolution 67-14 Page 1 Seal and Signature of Registered Professional with reporUdesign responsibility, 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between Town and Contractor and supersedes all - prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Payment Schedule Exhibit C Public Works Requirements 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Contracting Services Agreement between Town of Los Altos Hills and Jensen Landscape Services, Inc. Page 13 of 14 Jun11,2014 Deborah Padovan, City Clerk Office of the City Clerk Town of Los Altos Hills 26379 W. Fremont, CA 94022 Section One - Tran smitt ail Letter Re: Landscape Maintenance Proposal — Town of Los Altos Hills — Purissima Park Dear Ms. Padovan, Thank you for offering Jensen Landscape Services the opportunity to submit a proposal for the landscape maintenance of Purissima Park, I have personally, and with my team, completed a full review of Purissima Park and the necessary resources to establish and maintain this park at the highest level. Throughout the Contract duration, I will be committed to being sure that the only comments you receive about Purissirna Park are good ones. We are confident there are a number of areas where Jensen will make a significant impact on your property including: Water management of turf and surrounding plant material. Use of Bay -Friendly landscape maintenance practices. Reduction of nitrates and phosphorous use. Please feel free to contact me at (408) 426-1020 or email at awhalls@jensencorp.com with any questions or concerns. I look forward to the opportunity to review this proposal with you. Sincere) Anthon halls President Jensen Landscape Services, Inc. License #537854 1983 Concotme Dn"ve San Jose, California 9513), ph 4o$. 6,4555 fx 408.446,4881 www.j"enserif.,orp.com JENSCOR-01 HBCTO5 DATE(MMIDD/YYYY) ACOROs CERTIFICATE OF LIABILITY INSURANCE 11/25/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CON PRODUCER License#0564249 NAME CT Heffernan Insurance Brokers PHONE 1 650 842-5200 FAX 1 (650)842-5201 1460B O'Brien Drive (AIC.No,Ext): \ ) (A/c,No): AIL Menlo Park,CA 94025 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A.Golden Eagle Insurance Corporation* 10836 INSURED INSURER B.Netherlands Insurance Company 24171 Jensen Corporate Holdings,Inc. Jensen Landscape Services,Inc. INSURER C. Jensen Corporation Landscape Contractors INSURER D 1983 Concourse Drive INSURER E. San Jose,CA 95131 INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CBP8988702 05/01/2014 05/01/2015 DAMAGES(RENTED 500,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PEft GENERAL AGGREGATE $ 2,000,000 POLICY X JEl° LOC PRODUCTS COMP/OPAGG $ 2,000,000 OTHER: AGGREGATE $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO X X CBP8988702 05/01/2014 05/01/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ X AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE X CU8989002 05/01/2014 05/01/2015 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION XOTH- AND EMPLOYERS'LIABILITY STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WC8975498 05/01/2014 05/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Purissima Park,27554 Purissima Rd.,Los Altos Hills,CA 94022.Town of Los Altos Hills,its officers,officials,employees,and volunteers are named as additional insured(primary)on General Liability and additional insured on Automobile Liability policies if required by written contract per the attached endorsements.Waivers of subrogation apply to General Liability,Automobile Liability and Workers Compensation policies.The Excess policy follows the General Liability and Automobile Liability coverages,as per the policy forms on file.Cancellation notice for the General Liability policy is attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Los Altos Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Park and Recreation Department ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos Hills,CA 94022 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Forming a part of J Policy Number' CBP8151947 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured Agent: JENSEN CORPORATE HOLDINGS, INC THOITS INSURANCE SERVICE INC DBA. JENSEN LANDSCAPE REFER TO NAMED INSURED SCHEDULE Agent Code 4295663 Agent Phone (408)-792-5400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s) ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART SCHEDULED LOCATION OF COVERED OPERATIONS ANY LOCATION AT WHICH YOU PERFORM WORK DESCRIBED IN WRITING IN THE CONTRACT, AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED UNDER THE TERMS OF THIS ENDORSEMENT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by' 1 Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply. This insurance does not apply to"bodily injury"or"property damage"occurring after 1 All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ©ISO Properties, Inc.,2004 CG 20 10 07 04 Page 1 of 1 05/01/2013 8151947 NEUSXDMA905 PGDM060D J22160 GCAOPPN 00000918 Page 115 Forming a part of Policy Number. CBP8151947 — Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured Agent: JENSEN CORPORATE HOLDINGS, INC THOITS INSURANCE SERVICE INC DBA. JENSEN LANDSCAPE REFER TO NAMED INSURED SCHEDULE Agent Code 4295663 Agent Phone (408)-792-5400 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following* COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused, in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard" SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADD'L INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART Location And Description Of Completed Operations. ANY LOCATION AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITING IN THE CONTRACT,AGREEMENT OR PERMIT FOR A PERSON OR ORGANIZATION THAT HAS BEEN QUALIFIED AS AN ADDITIONAL INSURED IN THIS ENDORSEMENT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. ©ISO Properties, Inc.,2004 CG 20 37 (07/04) INSURED COPY 05/01/2013 8151947 NEUSXDMA905 PGDM060D J22160 GCAOPPN 00001004 Page 201 Policy No. CBP8988702 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II-LIABILITY COVERAGE A. COVERAGE 1 WHO IS AN INSURED The following is added: d Any organization, other than a partnership or joint venture,over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization e Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply (1) If there is similar insurance or a self-insured retention plan available to that organization,or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization f Any volunteer or employee of yours while using a covered "auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered"auto"by an insured, if (1) You are obligated to add that person, organization,trustee, estate or governmental entity as an additional insured to this policy by (a)an expressed provision of an "insured contract",or written agreement; or (b)an expressed condition of a written permit issued to you by a governmental or public authority (2) The"bodily injury"or"property damage" is caused by an "accident"which takes place after (a)You executed the"insured contract"orwrittenagreement; or (b)the permit has been issued to you. GECA 701(01107) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs(2)and (4)are amended as follows: (2)Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover We do not have to furnish these bonds (4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning up to$500 a day because of time off from work. SECTION III-PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a Any"auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto"for each of your physical damage coverages b. The most we will pay for"loss"in any one"accident"is the smallest of (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality If you are liable for the"accident",we will also pay up to$500 per"accident"for the actual loss of use to the owner of the covered"auto" c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto"for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto"that you hire with a driver 6. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto" Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto" GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 2 of 4 If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4 Coverage Extension. 7 Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance"of the lease "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments, penalties, interest or charges resulting from overdue payments;additional mileage charges;excess wear and tear charges, and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for"loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag Paragraph 4 is replaced with the following 4 We will not pay for"loss"to any of the following. a Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b Equipment designed or used for the detection or location of radar c.Any electronic equipment that receives or transmits audio,visual or data signals. Exclusion 4 c does not apply to. (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the "loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered "auto"; or (2)Any other electronic equipment that is (a) Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio D DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 3 of 4 SECTION IV BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b are replaced with 2. Duties In The Event of Accident,Claim,Suit,or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include (1) How,when and where the accident or loss took place, (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5 We waive any right of recovery we may have against any additional insured under Coverage A. 1 Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered"auto"pursuant to the provisions of the"insured contract",written agreement,or permit. B. GENERAL CONDITIONS 9 is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS. 2.b.is replaced by the following b.60 days before the effective date of cancellation if we cancel for any other reason. GECA 701(01/07) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 4 of 4 Forming a part of Policy Number CBP8988702 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured Agent: Jensen Corporate Holdings,Inc. Heffernan Insurance Brokers Jensen Landscape&Construction Company Jensen Landscape Services,Inc. Jensen Corporation Landscape Contractor Agent Code: 4295146 Agent Phone. 650-842-5200 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard."This waiver applies only to the person or organization shown in the Schedule below SCHEDULE Name of Person or Organization (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Copyright,Insurance Services Office,Inc., 1992 CG 24 04 (10/93) INSURED COPY • Forming a part of '4� Policy Number Coverage Is Provided In Named Insured: Agent: Agent Code: Agent Phone: THIS ENDORSEMENT CHANGES YOUR POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM The Transfer Of Rights of Recovery Against Others To Us Condition does not apply to the person(s), or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the"loss"under a contract with that person or organization. SCHEDULE Name(s)of Person(s)or Organization(s): (If no name appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). 16-87(11/09) Forming a part of Policy Number. WC 8902470 Coverage Is Provided In THE NETHERLANDS INSURANCE COMPANY-A STOCK COMPANY Named Insured. Agent: JENSEN CORPORATE HOLDINGS,INC THOITS INSURANCE SERVICE INC DBA.JENSEN LANDSCAPE REFER TO NAMED INSURED SCHEDULE Agent Code: 4295663 Agent Phone: (408)-792-5400 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY INDIVIDUAL OR ORGANIZATION THAT REQUIRES THE NAMED INSURED TO WAIVE THEIR R IGHT OF SUBROGATION BY CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy) Endorsement Effective Policy No. Endorsement No. Insured Insurance Company Countersigned By WC040306 (04/84) INSURED COPY 05/01/2013 8902470 NEUSXDMA605 PGDM060D J29739 GCAFPPN 00002061 Page 23 POLICY NO CBP8988702 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT - CONTRACTORS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I—COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) a watercraft you do not own that is. a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added 6) An aircraft in which you have no ownership interest and that you have chartered with crew The last paragraph of 2. Exclusions is replaced with the following: Exclusions c.through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. SECTION I—COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy,the following is changed 3. Limits The medical expense limit provided by this policy shall be the greater of a. $10,000; or b. The amount shown in the declarations. Coverage C Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary The following is added: COVERAGE D PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in"bodily injury"or"property damage", and b. The"product recall notification expenses" are incurred and reported to us during the policy period The most we will pay for"product recall notification expenses"during the policy period is$100,000 SUPPLEMENTARY PAYMENTS—COVERAGES A AND B Item b. and d are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit" including actual loss of earnings up to$500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970(01111) Page 1 of 4 SECTION Il—WHO IS AN INSURED Item 4 is replaced with: 4 Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets,will qualify as a Named Insured if a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided, and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or"personal injury"or"advertising injury" arising out of an offense committed before you acquired or formed the entity Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier SECTION III—LIMITS OF INSURANCE Paragraph 2. is amended to include. The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner Paragraph 6 is replaced with the following: 6. Subject to 5 above,the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage"to premises while rented to you,temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of a. $500,000 or b. The amount shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the"occurrence",offense, claim, or"suit" Knowledge of an "occurrence", offense, claim or"suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How,when and where the"occurrence"or offense took place; 2) The names and addresses of any injured persons and witnesses, and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit" Item 4 b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include. 6. Representations d If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970(01/11) Page 2 of4 Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the"products-completed operations hazard" Item 10 and Item 11 are added 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation 11 Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy This extension is effective upon the approval of such broader coverage in your state. SECTION V—DEFINITIONS The following definitions are added or changed 9 "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract" 23. and 24 are added 23 "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad 24 "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 1 Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of- a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970(01/11) Page 3 of 4 2. This endorsement provision A. does not apply a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage"or"personal and advertising injury", b. To"bodily injury"or"property damage"occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed, or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications, and (2) Supervisory, inspection, architectural or engineering activities, d. To "bodily injury", "property damage" or"personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing, e. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy B. PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4 Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows. a. The following is added to paragraph a. Primary Insurance If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written "construction contract" to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit issued by a state, county, municipality or other governmental authority b. The following is added to paragraph b. Excess Insurance (3) Except as specified in paragraph a., above, any other insurance in which a party who is an additional insured hereunder is designated as a Named Insured Regardless of the terms of any written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured Includes copyrighted material of Insurance Services Offices Inc.,with its permission. GECG 970 (01/11) Page 4 of4 November 20, 2014 Steve Mattas Meyers, Nave, et al. 575 Market Street, Suite 2080 San Francisco, CA 94105 RE: Contracting Services Agreement with Jensen Landscape Services, Inc. Dear Steve: Please find enclosed a copy of the Agreement between the Town and Jensen Landscape Services, Inc. for field maintenance services for Purissima Park. The Council approved the agreement at the November I Oth City Council meeting. If acceptable, please sign the signature page and return in the envelope provided. Thank you. Sincerely, d - Deborah Padovan City Clerk Enclosures 26379 Fremont Road Los Altos Hills California 94022 650/941-7222 Fax 650/941-3160