Loading...
HomeMy Public PortalAboutAgreement_2019-07-01_Los Angeles County_Landscape and Ground Maintenance of County library building at 5939 Golden West AveAgreement No. PLJPCA9 NoCALIFOPO AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF TEMPLE CITY LANDSCAPE AND GROUNDS MAINTENANCE SERVICES LANDSCAPE AND GROUDNS MAINTENANCE SERVICES AGREEMENT Between the COUNTY OF LOS ANGELES, CALIFORNIA and the CITY OF TEMPLE CITY, CALIFORNIA This Agreement made and entered into this day of 20_ by and between the COUNTY OF LOS ANGELES, hereinafter referred to as 'COUNTY," and the CITY OF TEMPLE CITY, hereinafter referred to as "CITY' WHEREAS, the COUNTY is desirous of contracting with the CITY for the maintenance of the landscape grounds of the County Library building located at 5939 Golden West Avenue, Temple City; and WHEREAS, the CITY is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this Agreement is authorized by Title 1, Division 7, Chapter 5, (Sections 6502) of the Government Code, NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, the COUNTY agrees to pay to the CITY the total sum of twenty-three thousand, seven hundred eighty-seven dollars ($23,787.00). The COUNTY will make annual payments to the CITY within 90 days of receipt of proper invoice from the CITY, according to the following schedule: Year 1: $4,480.00 Year 2: $4,615.00 Year 3: $4,753.00 Year 4: $4,896.00 Year 5: $5,043.00 Routine plant replacement, and repairs to irrigation systems will be included as part of this agreement. Extra repairs requested due to vandalism, equipment replacement needed from wear and tear, or re -landscaping of the property, will be billed as unanticipated work, based on time and materials, not to exceed 20% of the annual payment. All unanticipated work will require prior written approval from the COUNTY. 2. This Agreement shall be for a five (5) year term commencing on July 1, 2019 or upon Board approval, whichever is later, and will continue until June 30, 2024. 3. The CITY shall maintain in a good and workmanlike manner the grounds of the County Library, in accordance with Attachment A, said maintenance to include, but not limited to, site inspection, litter control, mowing and edging turf areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer, trimming and care of trees, sweeping of the entrances and parking lots, and service to the irrigation system. 4. In the event that the CITY is prevented from performing the grounds maintenance services for the Library, the CITY shall return to the COUNTY, the pro -rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 -day year any annual payment prepaid by the COUNTY. 5. For the purpose of performing said landscape and grounds maintenance, the CITY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to CITY facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year, if necessary, and maintenance of the sprinkler control system including sprinkler heads and risers. 6I The CITY shall have the option to sub -contract for the grounds maintenance of the grounds of the COUNTY Library, with prior consent of the COUNTY and, as long as the grounds are maintained in accordance with paragraphs 3 and 5 of this Agreement and all indemnity and insurance requirements set forth below are met. 7. The COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. Except as necessary to complete the obligations set forth in paragraphs 3 and 5, the CITY shall not alter the landscape in any manner not otherwise provided for herein without the express written consent of the COUNTY. 8. The COUNTY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any CITY personnel, sub -contractor or sub -contractor's personnel performing services hereunder for the COUNTY. 9. The Assistant Director of Capital Projects and Facilities Services for the LA County Library and/or their designee located at 7400 E. Imperial Highway, Room 201, Downey, CA 90242, (562) 940-4145, will be the COUNTY's Contract Coordinator, The Parks and Recreation Director of the City of Temple City and/or their designee located at 9701 Las Tunas Dr., Temple City, CA 91780, (626) 285-2171, will be the CITY's Contract Coordinator. 10. The CITY shall indemnify, defend and hold harmless the COUNTY, its Special Districts, its elected and appointed officers, and its employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the CITY'S acts and/or omissions arising from and/or relating to this Agreement. If the CITY should sub -contract all or any part of this landscape and grounds maintenance services Agreement, the CITY also shall require the sub -contractor to indemnify, defend and hold harmless the COUNTY. 11. Without limiting the CITY's indemnification of the COUNTY, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, the CITY shall provide and maintain insurance coverage satisfying the following requirements. The CITY shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any CITY employee for injuries arising from or connected with services performed at the request of or on behalf of the CITY. The CITY shall maintain general liability insurance with limits of not less than $1 million per occurrence and naming the COUNTY as an additional insured, auto liability insurance with limits of not less than $1 million each accident, and workers compensation insurance including Employers' Liability coverage with limits of not less than $1 million. Such insurance shall be primary and not contributing to any commercial or self-insurance programs maintained by the COUNTY and may be provided by the CITY'S self-insurance program or a combination of that program and other insurance coverages. If the CITY sub -contracts all or any part of this landscape and grounds maintenance services Agreement, then the CITY shall require the sub -contractor to maintain the same types and limits of insurance coverage outlined in this paragraph. 12. Either party shall have the right to cancel this Agreement at any time upon giving 30 days' prior written notice. In the event of such cancellation, the CITY shall return to the COUNTY (the pro -rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 -day year). 13. This Agreement shall not be valid and does not impose any obligation upon thU COUNTY unless and until funds are appropriated by the COUNTY for the purposes set forth herein and the CITY shall have no obligation under this Agreement if such funds are not appropriated. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: By: I Qf� L, C�1 A A City APPROVED AS TO FORM: MARY C. WICKHAM County Counsel Keever Rhodes Muir Deputy County Counsel CITY OF TEMPLE CITY: By: Mayorzu /J/z COUNTY OF LOS ANGELES By: Skye Patrick County Librarian U.\Contracts DevelopmentOEVELOPMENT- CITY AGREEMENTS\TEMPLE CIN-2019 em0e City Library Lantlscape Agmt GRAFT 311-19.tloc Attachment A LIBRARY MAINTENANCE SPECIFICATIONS The City of Temple City agrees to provide landscape and grounds maintenance services at the Temple City Library, including trees, turf, landscape, and irrigation repair, in addition to 24-hour emergency services. The scope of services is described in detail below: Litter and Debris Removal/Clean-up: All trash, debris, and dead plant materials shall be removed weekly. Special attention shall be given to the entries, courtyard, and the parking lot. The entryway to the library will be cleaned daily, and the lot will be swept weekly. All areas shall be maintained litter -free. Paved and hardscape areas shall be cleaned weekly. Mowing and Edging: All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. In normal circumstances the grass clippings need not be removed, but, when an excessive amount of cut grass is present, removal may be requested by the Director of Community Services, Selective Pruning and Care of Shrubbery and Plants: All shrubs shall be selectively pruned as to maintain their natural form. Dead branches and foliage shall be removed, as thinning cuts only. Shrubs shall be pruned at least once per year or as needed to prevent sidewalk, street, and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of the planter located at the east entrance. Tree Trimming: Trees shall be trimmed to maintain sight visibility for pedestrian or vehicular traffic. Canopies shall be maintained at a height of eight (8') feet over sidewalks. Tree maintenance of the twenty-four (24) trees located on the county grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program (every three years). Storm damage repair, replacement, or addition of trees is not included in this contract. Such services may be provided upon request and will be billed as extra work. Groundcover Trimming: Groundcovers shall be pruned using pruning shears to create a soft line. Groundcovers are prohibited to grow past the face of the curb or more than three (3") inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non -landscaped areas shall be kept weed -free at all times. The term "weeds" applies to any undesirable vegetation growing within the right-of- way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre -emergent materials is permitted with proper County notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the turf and/or plants needs at different times of the year. All irrigation shall be performed to ensure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, shall be maintained in an operational state at all times. Repair of this equipment is included in this contract. Repairs to the water mainlines feeding the meter, major irrigation renovations and repair/replacement of the sprinkler controller will be billed as extra work. Fertilizer: Planters will receive three (3) applications of Gro -power (or equivalent) brand fertilizer at manufacturer's recommended rates (6-10-4). Applications shall occur in March, May and October. Insect, Disease and Rodent Control: The control of insects, plant diseases, and/or rodents is included. Use of Chemical: Any work involving the use of chemicals will be in compliance with all federal, state, and local laws and will be accomplished by a Certified Applicator under the direction of a Licensed Pest Control Advisor (PCA). The City, in complying with the California Food and Agricultural Code, will provide a copy of a valid Pest Control Operator's License, a valid Pest Control Advisor's License, and a Qualified Applicator's License in the proper categories for the work to be done, or a copy of said licenses from a Subcontractor prior to using any and all applicable chemicals within the area(s) to be maintained for the County. �ecial Requests: The courtyard will be cleaned once weekly. All other areas will be cleaned on a bi-monthly basis. U:1GonVac�s\DevelopmentlDEVELOPMENT -CITY AGREEMENTSITEMPLEClTY - 2019\SOW - Allachmeni A -DRAFT 5-]-19.doc