CONTRACT 7175 Maintenance and Repair AgreementAgreement No. 7175
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
LANDCARE, USA, LLC
This MAINTENANCE AGREEMENT is entered into this first day of December, 2024, by
and between the CITY OF EL SEGUNDO, a municipal corporation and general law
city ("CITY") and Landcare, USA, LLC, a Delaware Limited Liability Company
("CONTRACTOR"). The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services an amount not to exceed $9,900, pursuant to
the rates set forth in the attached Exhibit 'A" which is incorporated by
reference. CITY will remit payment promptly, but not later than 30 days
after receiving any CONTRACTOR invoice.
2. TERM. The term of this Agreement will be December 1, 2024, to March 1, 2025.
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES..
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing, vehicles, transportation, office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONTRACTOR by this
Agreement.
4. PREVAILING WAGES,
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing
wages. It is CONTRACTOR's responsibility to interpret and implement
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Agreement No. 7175
any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage
laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from CITY's Engineering
Division or the website for State of California Prevailing wage
determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must
post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6
and 3098 concerning the employment of apprentices by CONTRACTOR
or any subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate must also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to
five except:
i. When employment in the area of coverage by the joint appren-
ticeship committee has exceeded an average of 15 percent in the
90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a
ratio of one to five, or
iii. When the trade can show that it is replacing at least 1 /30 of its
membership through apprenticeship training on an annual basis
state-wide or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds estab-
lished for the administration of apprenticeship programs if
CONTRACTOR employs registered apprentices or journeymen in
any apprenticeable trade on such contracts and if other contractors
on the public works site are making such contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor
Code §§ 1777.5 and 1777.6 in the employment of apprentices.
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Agreement No. 7175
vii. Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified
payroll records showing the name, occupation, and the actual per diem
wages paid to each worker employed in connection with this Agreement.
The record will be kept open at all reasonable hours to the inspection of
the body awarding the contract and to the Division of Labor Law
Enforcement. If requested by CITY, CONTRACTOR must provide copies
of the records at its cost.
5. FAMILIARITY WITH WORK,
A. By executing this Agreement, CONTRACTOR represehts that
CONTRACTOR has
Thoroughly investigated and considered the scope of services to be
performed;
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B, If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
acquainted with the conditions there existing, before commencing the
services hereunder. Should CONTRACTOR discover any latent or
unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and
will not proceed except at CONTRACTOR's own risk until written
instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other
times this Agreement is effective, CONTRACTOR will procure and
maintain the following types of insurance with coverage limits complying,
at a minimum, with the limits set forth below:
*e of Insurance (combined singAl
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Agreement No. 7175
Commercial general liability:
Business automobile liability
Workers compensation
$1,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the
requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage. Liability policies will be endorsed to name City, its officials, and
employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other
insurance that may be carried by City will be excess thereto. Such
insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement, endorsements as required herein, and such other evidence of
insurance or copies of policies as may be reasonably required by City
from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage. CONTRACTOR will require its insurer to
modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coverage at
CONTRACTOR's expense and deduct the cost of such insurance from
payments due to CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6
of this Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written
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Agreement No. 7175
authorization to proceed, any such professional services are at
CONTRACTOR's own risk.
8. TERMINATION,
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written
notice to CITY at least thirty (30) days before the effective termination
date.
C. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this
Section.
INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against
any claim, action, damages, costs (including, without limitation,
reasonable attorney's fees and penalties), injuries, or liability, arising out
of this Agreement, or its performance including, without limitation,
damages or penalties arising from CONTRACTOR's removal,
remediation, response or other plan concerning any Hazardous Waste
resulting in the release of any hazardous substance into the environment.
Should CITY be named in any suit, or should any claim be brought
against it by suit or otherwise, whether the same be groundless or not,
arising out of this Agreement, or its performance, CONTRACTOR will
defend CITY (at CITY's request and with counsel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it or any sums paid
out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the
law of the State of California and that if any portion is held invalid, it is
agreed that the balance will, notwithstanding, continue in full legal force
and effect.
D.. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
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Agreement No. 7175
E, The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any
approval of said insurance by CITY, are not intended to and will not in any
manner limit or qualify the liabilities and obligations otherwise assumed by
CONTRACTOR pursuant to this Agreement, including, without limitation,
to the provisions concerning indemnification.
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which is it performed. CONTRACTOR will be free to contract for
similar service to be performed for other employers while under contract with CITY.
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of doing the work or to exercise a measure of control
over the work means that CONTRACTOR will follow the direction of the CITY as to end
results of the work only.
10. NOTICES.
All notices given or required to be given pursuant to this Agreement will be in writing
and may be given by personal delivery or by mail. Notice sent by mail will be
addressed as follows:
If to CONTRACTOR:
Attention: Rigoberto Barjas
Landcare, USA LLC
14100 Kingsley Dr.
Gardena, CA 90249
If to CITY:
Attention: Christopher Hentzen
City of El Segundo
350 Main Street
El Segundo, CA 90245
310-524-2716
CHentzen@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage
prepaid and properly addressed as noted above. In all other instances, notices will be
deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
11. PROHIBITED USE OF ARTIFICIAL INTELLIGENCE.
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Agreement No. 7175
A. Restriction on Artificial Intelligence Usage. CONTRACTOR must not
utilize, employ, or incorporate any form artificial intelligence, machine
learning, or other similar technologies (collectively, "Al") in the provision of
professional services in this Agreement without CITY's express written
consent.
B. Exclusions. The Al prohibition set forth directly above will not apply to
general business tools and software that may have Al components but are
not directly involved in the execution or delivery of professional services
that this Agreement covers, provided that such tools and software do not
significantly impact the quality or nature of such services.
C, Notification. CONTRACTOR must promptly notify CITY, in writing, of any
proposal to employ Al in connection its provision of services to the CITY
under this Agreement. CITY will have the sole discretion to grant or deny
such proposal.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement will not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained in this
Agreement, whether of the same or different character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and,
as so modified, such portion and the balance of this Agreement will continue in full force
and effect.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to
constitute a waiver of any other provision, nor will such waiver constitute a continuing
waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County.
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Agreement No. 7175
19.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not
binding upon CITY until executed by the City Manager. The Parties represent and
warrant that all necessary action has been taken by the Parties to authorize the
undersigned to execute this Agreement and to engage in the actions described herein.
This Agreement may be modified by written agreement. CITY's city manager may
execute any such amendment on behalf of CITY.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on
any number of separate counterparts, and all such counterparts so executed constitute
one Agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart. In accordance with Government Code § 16.5, the
Parties agree that this Agreement, Agreements ancillary to this Agreement, and related
documents to be entered into in connection with this Agreement will be considered
signed when the signature of a party is delivered by electronic transmission. Such
electronic signature will be treated in all respects as having the same effect as an
original signature. CONSULTANT warrants that its signatory (or signatories, as
applicable) to this Agreement has the legal authority to enter this Agreement and bind
CONSULTANT accordingly.
21. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice
to proceed, the provisions of this Agreement will govern and control.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, explosion, war, terrorist act, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' control, then
the Agreement will immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To
the extent that there are additional terms and conditions contained in Exhibit "A" that are
not in conflict with this Agreement, those terms are incorporated as if fully set forth
above. There are no other understandings, terms or other agreements expressed or
implied, oral or written.
[SIGNATURES ON FOLLOWING PAGE]
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Agreement No. 7175
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
OF EL SEGUNDO
a ge er I w
Darrell George,
City Manager
ATTEST'
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
An
Landcare USA, LLC
Don Cully
Branch Manager
Taxpayer ID No. 36-4313318
Joaqur Vazquez, Assistant City Attorney
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Exhibit A Agreement NO. 7175
LANDSCAPE MANAGEMENT AGREEMENT
THIS AGREEMENT is entered into November 8, 2024, by and between LandCare USA, LLC, located at 5151
Shoreham Pl. Suite 140, San Diego, CA 92122, hereafter referred to as the "Contractor", and City of El Segundo,
the Owner or designated Owner's Representative, hereinafter referred to as "Owner".
The parties wish to enter into an agreement to define the terms and conditions under which Contractor will
provide landscape maintenance services to Owner.
The parties hereby agree as follows:
1) Services. The Contractor agrees to perform the landscape management services noted on the
"Landscape Management Annual Schedule", which is attached to and incorporated into this Agreement,
for the property of the Owner, located at Nash Street extension median and ROW landscape and
irrigation maintenance south of El Segundo Blvd. El Segundo, CA 90245, (hereinafter referred to as
the "Property"). See attached highlighted map.
2) Start Date. This Agreement shall commence on December 01, 2024, and shall renew for one (1)
additional year subject to price adjustments (paragraph 3.C. below) on the anniversary date of the
Agreement unless terminated by either party by providing thirty (30) days written notice prior to the end
of the then current term.
3) Cori ider ion/lea me 'u tme is
A. In consideration for the Contractor's performance for services described in the "Landscape
Management Annual Schedule", Owner agrees to pay Contractor a monthly amount of $3,300.00
which is equal to $9,900 for a three(3) month period, plus applicable sales tax, if any, as
imposed by any governing agency at the rate then in effect.
B. Invoices will be sent on or about the 1st day of each month for current month's services and
payment shall be due upon receipt. A late charge of 1.5% per month shall be charged on all
amounts 30 days past due and a $20.00 fee will apply to any returned check.
C. Approximately sixty (60) days prior to each annual renewal, Contractor may send Owner
notification of renewal and a price adjustment. If the Owner does not object in writing within 30
days of the date of the notification of price adjustment, then the renewal of this Agreement shall
include the price adjustment. If the Owner objects to the notification of price adjustment in
writing within 30 days of the date of notice then Contractor has the option to either (i) renew the
Agreement without the price adjustment or (ii) terminate the Agreement.
4) Additional Services. Services performed and/or materials delivered, which are not specifically
described herein, or changes in the size or physical condition of the Property will be deemed 'Additional
Services'. Additional services will be billed separately and all payments are due upon receipt. The
performance of, and the payment for Additional Services are subject to all the terms and conditions of
this Agreement.
5) Materigis..Supplies, and Eguipmeal, Contractor will furnish all materials, labor, supplies, and
equipment necessary to perform the services specified.
6) yepipe and ttorne 's Fges. This Agreement shall be governed by the laws of the State of California
with venue in the same county where Contractor's service location is based. In the event of suit or action
commenced to enforce the terms of the Agreement, the prevailing party shall be entitled to
reimbursement of its reasonable expenses, attorney's fees and costs, including appeals.
7) Minor Repairs. Contractor is authorized to perform up to $200.00 worth of repairs not covered by this
Agreement without prior approval of Owner.
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Agreement No. 7175
8) Liability. Contractor is an independent contractor and the Owner assumes no liability for injury to the
Contractor or the Contractor's agents or employees, unless such injury is caused by the Owner, the
Owner's agents, servants, or employees. It is further understood that the Contractor is not liable for any
damage of any kind whatsoever that is not caused by the Contractor, its agents, or employees and
Contractor shall not be responsible for any damages other than direct damages. This exclusion includes,
without limitation, incidental, consequential, special and punitive damages.
9) Insurance. Contractor agrees to carry worker's compensation, comprehensive general liability, and
automobile insurance in an amount not less than $1,000,000 in the aggregate.
10) Notification of Deficient ork If Owner believes Contractor is providing deficient work, Owner agrees
to notify Contractor of deficiencies, in writing, within 10 days of said occurrence. If written notice is
not received by Contractor within 10 days Owner knew or should have known of the deficiencies, Owner
is deemed to have waived any and all claims to recover past payments and/or rights to withhold present
or future payments due under this Agreement. Upon a notification of deficient work, Contractor agrees
to rectify such deficiencies within 14 days to the extent commercially reasonable. If the Contractor
corrects the deficiencies in accordance with the schedule, it shall not forfeit any amounts due under this
Agreement.
11) Earl Terrni a ion Either party may terminate this Agreement by giving 30 days written notice to the
other party. Contractor may also immediately cease performance or terminate this Agreement if Owner
refuses or fails to pay Contractor according to the terms of this Agreement.
12) Assignment. Neither party may assign this Agreement without the other's written consent and then only
after thirty (30) days prior written notice. Should Owner assign this Agreement to a new Owner or
entity, Contractor may require (i) approval of the credit worthiness of the new Owner and (ii) written
assumption by the new Owner of all terms of this Agreement. Contractor may subcontract any portion of
this Agreement to a qualified third party.
13) Notices. Notice to Contractor shall be sufficient if made or addressed to 14100 Kingsley Dr, Gardena,
CA 90249 and to Owner at the principal place of business stated herein.
14) C2MQ1—eLt Agregment.This Agreement constitutes the entire Agreement of the parties. Both parties
have read this Agreement and fully understand its contents.
LANDCARE USA, LLC
Owner
By: By:
Name: Ri oberto Bara Name:
Title: Account Manager Title:
Date: Date:
This Agreement is valid only if accepted and executed by the Customer and/or Property Owner within thirty
(30) days of the date first submitted or, if later than thirty (30) days, revalidated by Contractor.
�f) r n-I,� i Or o Cl, 1
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lAgIreeme,pt Nlo.,,,7175
LANDSCAPE MANAGEMENT ANNUAL SCHEDULE
SERVICES
Maintenance Visit
Irrigation Checks
SUBTOTAL $9,900.00
SALES TAX $0.00
TOTAL $9,900.00
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Agreement No. 7175
PAYMENT SCHEDULE
SCHEDULE
PRICE
SALES TAX
TOTAL PRICE
December
$3,300.00
$0.00
$3,300.00
January
$3,300.00
$0.00
$3,300.00
February
$3,300.00
$0.00
$3,300.00
$9,990.00
$9,900.00
LandCare Branch Information
Account Manager: Rigoberto Barajas
Email Address: rigoberto.barajas@tandcare.co I
Primary Phone:
Customer Information
Primary Contact: Christopher Hentzen
Primary Phone: 310-524-2716
Primary Email: chentzen@elsegundo.org
Billing Contact: Monse Palacios AP Dept
Billing Phone: 310-524-2882
Billing Email: Mpalacios@elsegundo.org
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Nash Street extension median and ROW landscape and
irrigation maintenance south of El Segundo Blvd
n
LandCare
Q
Agreement No. 7175
SPECIFICATIONS
1.0 Shrub Et Bed Maintenance
A. Policing Et Grooming
i. Landscaped areas will be patrolled throughout the growing season for weeds, litter, and
debris. Particular attention will be paid to entryways, focal points, and high traffic
areas.
ii. Planter beds will be groomed to promote an attractive and fresh appearance.
B. Edging Et String Trimming
i. Complete trimming, edging, and weeding of all shrub and ground cover areas will be
done on a cyclical basis.
C. Pruning
i. Major pruning will be done following flowering or during plant's dormant season.
ii. Shrubbery and hedges will be pruned at established "maintenance" height.
iii. Groundcover will be pruned as required to "contain" perimeter growth to within bed
areas where adjacent to walks, curbs, and structures. Mature groundcover will be
maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.
iv. Shearing of plants will occur only where previous practice has been to shear, or as
directed.
v. Removal of leaves and debris from lawns, planter beds, and walkways will be completed
throughout the year as needed to maintain a clean appearance.
2.0 Arbor Care Et Pruning
A. Skirting
i. Trees will be "skirted" as needed to allow for pedestrian and vehicle clearance.
ii. Lower branches of trees will be removed when in conflict with the growth of plantings
beneath.
B. Pruning
i. Pruning is limited to work that can be contained from the ground.
ii. On trees that are over 12', only low hanging branches that are considered a hazard to
pedestrians or vehicles will be pruned as part of this agreement.
iii. Trees less than 12' total height will be pruned to remove weak, dead, damaged, and
diseased portions of the tree for natural growth development.
iv. Cuts will be flush and clean, leaving no stubs or tearing of bark. Major pruning will be
done following flowering or during plant's dormant season.
C. Staking Et Guying
i. Staked or guyed trees shall be monitored.
LandCare
310-b 1 ,]t; 5_'. 1i15 )s Page 1 of 4
Agreement No. 7175
ii. Supports will be removed or loosened when appropriate to prevent girdling of the trunk
and encourage root development for support.
3.0 Fertilization
A. Contractor will provide all labor and materials to fertilize lawn, shrubs, and ground cover to
maintain proper nutrient levels and provide a consistent, healthy appearance.
B. Turf, shrub, and ground cover areas will be fertilized with specially formulated products
including well balanced, slow -release fertilizers.
C. Fertilizer product will be selected based on plant type and season.
4.0 Environmental Weed ft Pest Control Program
A. Handling
i. All applications of herbicides or pesticides will be performed under the direction of a
licensed pest control applicator and in accordance with the laws of the state.
ii. All safety precautions will be taken in the handling and application of chemicals as
stated on manufacturer's labels.
B. Weeds
i. Broadleaf turf weeds will be treated as needed in the spring and fall with applicable
materials.
ii. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks
adjacent to landscaped areas will be controlled by a manual weeding program or by the
use of selective herbicides, including pre -emergent herbicides.
C. Pests
i. Planting areas will be monitored for insect and disease infestations. Moles, field mice,
ground squirrels, gophers, and other rodent activity will be monitored. Notification of
problems and recommendations for timely appropriate, control measures will be made.
ii. Safety Data Sheets (SDS) for all chemicals used on site will be available from Contractor
to clients in accordance with EPA and OSHA regulations.
iii. Contractor will comply, at all times with requirements for hazardous communications
programs. Pest control specialists are trained and supervised in the safe application,
storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.
5.0 Irrigation Equipment Et Operation
A. Scheduling
i. Irrigation controllers will be scheduled to maximize existing system efficiency and will
be set for night and/or early mornings unless instructed otherwise by Owner.
ii. Controller programs will be adjusted as determined by weather and plant requirements
and will be shut off during periods of rain.
B. Cleaning and Monitoring
i. Sprinklers will be cleaned and adjusted to provide the best coverage possible from your
existing system.
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Agreement No. 7175
ii. Each zone will be turned on and monitor for leaks or malfunctioning parts and adjusted
for proper spray arc and maximum system efficiency.
C. Inspection and Repairs
i. Damage or vandalism caused by others shall be reported to owner promptly.
ii. Repair and/or replacement of any damaged or malfunctioning components beyond
Contractor control will be submitted as an extra.
iii. Damage caused to the irrigation system by Contractor shall be repaired immediately and
at no charge.
6.0 General Conditions
A. Owner is responsible for all costs associated to water.
B. Contractor will provide uniformed staff supervised by fully trained Supervisors and
Production Managers.
C. Mobile communications are in use during regular business hours and emergency after-hours
communication is available.
D. Contractor provides all payment of wages, workers' compensation insurance, social security
tax, employment compensation tax, employer's liability insurance, and all other
requirements of federal, state, and local government.
E. Licenses and proof of insurance are available on request. California Contractor License: C-
27 License - 1053238
F. Inspection of site(s) will be made regularly and problems, if found, will be discussed by
Contractor with the Owner.
G. Written, comprehensive inspection reports will be provided, upon request.
H. Organic debris collected by Contractor is removed from site and recycled and/or composted.
7.0 Work Performed at an Additional Fee
A. Any work not listed above is considered extra work which will be agreed upon by both
parties in advance of work performed and billed separately.
B. Irrigation repairs and replacements, including but not limited to, irrigation mainlines,
valves, controllers, wires, nozzles, lateral lines, and any work under hardscape, all of which
will be repaired as an extra charge using time and material rates.
C. Trimming of trees over 12' in total height.
D. Treatment for rodents, snails, diseases, or pests on lawns, trees Et shrubs, except as
specified, or requiring any overhead application.
E. Any unforeseen pest invasion requiring control above and beyond normal horticultural
practices.
F. Parking lot maintenance (parking lot sweeping, leaf pickup, litter pickup).
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Agreement No. 7175
G. Aeration, scalping, or renovation of lawn areas.
H. Correcting pre-existing conditions such as dead or dying plant material requiring remedial
work.
I. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God.
J. Materials such as mulch or annual or perennial color.
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