CONTRACT 4096H Amendment CLOSED Agreement No. 4096H
.EIG=AMENDMENT TO
AGREEMENT NO.4096 BETWEEN
THE CITY OF EL SEGUNDO AND
LANDCARE USA,LLC
THIS EIGHTH AMENDMENT("Amendment')is made and entered into this 281'day of March,
2018,by and between the CITY OF EL SEGUNDO,a general.law city and municipal corporation
existing under the laws of California("CITY";),and LANDCARE USA,LLC,a California General
Partnership("CONTRACTOR"). The parties agree as follows:
I. CONTRACTOR agrees to perform additional work as outlined In attached Exhibit"A,"
which is incorporated by reference,for an additional amount not to exceed Twenty
Eight Thousand Sevien Hundred and Seventy Dollars($28,770)in Fiscal Year 17/18,
1 This Amendment may be executed in any number or counterparts,each of which will be
an original,but all of which together constitutes one instrument executed on the same
date.
3. Except as modified by this Amendment all other terms and conditions of Agreement
No.4096 remain the same.
[SIGNATURES ON NEXT PAGE]
Agreement No. 4096H
IN WITNESS WHMOF the parties hereto have executed this Amendment the day and
year first hereinabove written.
OM
LAmY4tC 4tA I LLL
Cl F L)6EGUND0 —6A-N MGkM USA,LLC
Greg Rrren a * 1 otschenbacher
City ana,ge Branh Manager
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Da otscher
ATTES,r*
Taxp tyer ID No.36-43133 18
Tr ye tiger
C' : Clerk
APPROVED AS TO FORM:
P
Wa icD.Hensle3�-�
City Attorney
2
November 02, 2016 t o. 1 Contra 4
City of El Segundo Agreement I�o. 4 �6
LANDSCAPE MANAGEMENT AGREEMENT j
4
THIS AGREEMENT is entered into November 02, 2016, by and between LandCare USA, LLC, a CA GP located at
5248 Governor Drive, San Diego, CA 92122, hereafter referred to as the "Contractor", and , the Owner or
designated Owner's Representative, hereinafter referred to as "Owner". li
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: SII
1) Services. The Contractor agrees to perform the landscape management services noted on the
"Landscape Management Annual Schedule" in accordance with the "Specifications" both of which are
attached to and incorporated into this Agreement, for the property of the Owner, located at City of El
Segundo, , , , (hereinafter referred to as the "Property").
2) Start Date. This Agreement shall commence on January 01, 2017, and shall renew annually 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.
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3) Consideration/Pavment/Price Adiustments.
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 $4,795.00 which is equal to
$57,540.00 annually. 010
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 r
this Agreement.
5) Materials. Supplies. and Equipment. Contractor will furnish all materials, labor, supplies, and
equipment necessary to perform the services specified.
6) Venue and Attornev's Fees. This Agreement shall be governed by the laws of the State of 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.
8) Liability. Contractor is an independent contractor and the Owner assumes no liability for injury to the
LandCare
215 N. Cedar Ave Inglewood, CA 90301
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November 02, 2016
City of El Segundo Agreement No. 4096H
Contractor or the Contractor's agents or employees, unless such injury is caused by the Owner, the II
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. Lu
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 agereate,. an
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10) Notification of Deficient Work. 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 III
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) Early Termination. 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 a
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. a
13) Notices. Notice to Contractor shall be sufficient if made or addressed to 215 N. Cedar Ave Inglewood,
CA 90301 and to Owner at the principal place of business stated herein.
14) Complete Agreement. This Agreement constitutes the entire Agreement of the parties. Both parties
have read this Agreement and fully understand its contents.
LANDCARE USA Owner
By. By.
Name: Jehovan Melgoza Name: ,
Title. 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 LandCare.
LandCare Account Manaeer Information Primary Contact Information
Name: Jehovan Melgoza Primary Contact: Mark Trujillo
Email: jehovan.melgoza@tandcare.com Primary Phone:
Mobile: Primary Email:
illine Contact Information
Billing Contact:
Billing Phone:
Billing Email:
LandCare
215 N. Cedar Ave Inglewood, CA 90301
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November 02, 2016
City of l Segundo Agreement No. 4O96H
PIT
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LANDSCAPE MANAGEMENT ANNUAL SCHEDULE ill
SERVICES
Maintenance Visit 1i
Bed Fertilization
SUBTOTAL $57,540.00
SALES TAX $0.00 db
TOTAL $57,540.00
OPTIONAL SERVICES
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LandCare V
215 N. Cedar Ave Inglewood, CA 90301
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November 02, 2016 ir
Agreement No. 4096H
City of El Segundo �
SPECIFICATIONS
1.0 Turf Management P
A. Lawn Mowing
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i. For all turf areas, LandCare (LC) will inspect and police the grounds for litter and debris
prior to each mowing and dispose of it.
ii. Turf will be mowed one time per week during active growing periods, and as often as
required during slow periods of growth to maintain a neat and manicured appearance,
weather permitting.
iii. Mowing height for all irrigated lawn areas will be in accordance with best horticultural
practices for a finished cut height (typically, for most species, no less than 11/2" and no
more than 21/2") unless otherwise requested. Turf will be cut at a uniform height.
Mowing equipment will be kept sufficiently sharp and properly adjusted through daily
servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and
shredding are to be prevented. Mowing pattern will be varied where possible to reduce
rutting and compaction of grade. Any excess clippings will be dispersed and/or
collected to prevent damage and unsightly appearance of lawns.
B. Edging Et String Trimming
i. All sidewalks curb lines, concrete slabs, tree circles, and bed edges will be edged as
often as necessary to maintain a neat and manicured appearance. String trimming will
be performed around all trees, shrubs road signs, guard posts, utility poles, and other
obstacles.
C. Cleaning of Walks
i. At the conclusion of each visit, walks adjacent to work areas will be blown clean.
2.0 Shrub Et Bed Maintenance n
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.
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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.
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215 N. Cedar Ave Inglewood, CA 90301
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November 02, 2016
Agreement No. 4O96H
City Segundo
of l Se
iv. Shearing of plants will occur only where previous practice has been to shear, or as Flu
directed. "dill
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.
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3.0 Arbor Care Er 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 u
done following flowering or during plant's dormant season.
C. Staking Et Guying
i. Staked or guyed trees shall be monitored.
ii. Supports will be removed or loosened when appropriate to prevent girdling of the trunk
and encourage root development for support. �u
4.0 Fertilization
A. LC will provide all labor and materials to fertilize lawn, shrubs, and ground cover to
maintain proper nutrient levels and provide a consistent, healthy appearance. t'
B. Turf, shrub, and ground cover areas will be fertilized with specially formulated products
including well balanced, slow-release fertilizers.
and
C. Fertilizer product will be selected based on plant type and season.
5.0 Environmental Weed Et 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
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215 N. Cedar Ave Inglewood, CA 90301
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November 02, 2416
City of l Segundo Agreement No. 4096H
i. Broadleaf turf weeds will be treated as needed in the spring and fall with applicable
materials. u'Il
ii. Weeds in shrub, planter beds, ground cover areas, tree circles, parking lots and sidewalk
cracks adjacent to landscaped areas will be controlled by a manual weeding program or � '111 '1
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 LC to
clients in accordance with EPA and OSHA regulations. wol
iii. LC 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.
6.0 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.
ii. Each zone will be turned on and monitored for leaks or malfunctioning parts and
adjusted for proper spray arc and maximum system efficiency.
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C. Inspection and Repairs ur
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 LC
control will be submitted as an extra.
iii. Damage caused to the irrigation system by LC shall be repaired immediately and at no
charge.
7.0 General Conditions
A. Owner is responsible for all costs associated to water.
B. LC 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.
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215 N. Cedar Ave Inglewood, CA 90301
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November 02, 2016 Agreement No. 4096H
City of El Segundo
D. LC 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 - 970508
F. Inspection of site(s) will be made regularly and problems, if found, will be discussed by LC
with the Owner.
G. Written, comprehensive inspection reports will be provided, upon request.
H. Organic debris collected by LC is removed from site and recycled and/or composted.
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8.0 Work Performed at an Additional Fee
A. Extra work will be agreed upon by both parties in advance of work. SNR
B. Irrigation repairs and replacement of heads, valves, controllers, wires, mainlines and lateral
lines not specifically included in the landscape management annual schedule. Any work
under hardscape will be repaired as an extra charge using time and material rates.
C. Trimming of trees over 12' in total height.
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D. Treatment for rodents, snails, diseases, or pests on lawns, trees Et shrubs, except as °1uw
specified, or requiring any overhead application. D
E. Any unforeseen pest invasion requiring control above and beyond normal horticultural
practices.
F. Parking lot maintenance (parking lot sweeping, leaf pickup, litter pickup). 'w"
G. Aeration, scalping, or renovation of lawn areas.
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H. Correcting pre-existing conditions such as dead or dying plant material requiring remedial
work.
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I. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God.
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J. Materials such as mulch or annual or perennial color. ID
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