HomeMy Public PortalAbout15) 10A Approval of First Amendment to Agreement with CLS Landscape Management, Inc. for Landscape Maintenance Services on Rosemead BoulevardAGENDA
ITEM 10.A.
PARKS AND RECREATION DEPARTMENT
DATE:
TO:
FROM:
MEMORANDUM
May 6, 2014
The Honorable City Council
Donald E. Penman, Interim City Manager-£ A h
By: Cathy Burroughs, Director of Parks and Recreation \:AI(/
SUBJECT: APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH CLS
LANDSCAPE MANAGEMENT, INC. FOR LANDSCAPE MAINTENANCE
SERVICES ON ROSEMEAD BOULEVARD
RECOMMENDATION:
The City Council is requested to approve the first amendment to the Professional
Services Agreement with CLS Landscape Management, Inc. for the maintenance of the
medians, planters, and parkways on Rosemead Boulevard.
BACKGROUND:
1. On March 6, 2012, the City Council approved the plans and specifications and
authorized staff to solicit constructi on bids for the Rosemead Boulevard Safety
Enhancement and Beautification Project (Rosemead Boulevard Project). ·
2. On November 20, 2012, the City Council awarded a construction contract for the
Rosemead Boulevard Project to Los Angeles Engineering.
3. On January 24, 2013, construction began on the Rosemead Boulevard Project
with completion anticipated in mid-May 2014.
4. On June 18, 2013, the City Council approved a two-year agreement for Landscape
Maintenance Services with CLS Landscape Management, In c. (CLS) for the
maintenance of the medians located on Baldwin Avenue, Santa Anita Avenue, Las
Tunas Drive, Lower Azusa Road, and Broadway/Encinita Avenue.
5. On March 14, 2014, staff contacted CLS requesting a quote to provide ongoing
maintenance of the planters and medians along the Rosemead Boulevard Project.
City Council
May 6, 2014
Page 2 of 3
6. On March 24, 2014, CLS provided a bid to the City to perform landscape
maintenance on the center medians and the planters located along the sidewalks
on Rosemead Boulevard (Attachment "A").
ANALYSIS:
With completion of the Rosemead Boulevard Project expected this month, the City will
need to take over maintenance of Rosemead Boulevard within the City limits.
Maintenance of all other medians in the City, including those on Baldwin Avenue, Santa
Anita Avenue, Las Tunas Drive (from Muscatel Avenue to Sultana Avenue), Lower
Azusa Road (from Ellis Lane to Agnes Avenue) and the street median island located on
Broadway at Encinita Avenue, is performed through a contract with CLS at a monthly
rate of $2,077 per month. CLS is currently in the first year of a two-year agreement for
maintenance of the medians.
Staff requ ested a quote from CLS to add weekly maintenance of the medians, planters
and parkways along Rosemead Boulevard to the existing agreement. Weekly
maintenance would include weeding , trimming, mulching, trash pick-up, and irrigation
checks. CLS provided a bid with two options to the City. The first option, three (3)
men , one day per week, is $2,115 per month; the second option, three (3) men, two
days per week, is $4,230 per month. Neither option includes plant replacement nor
irrigation repairs . Those services would be available, when needed , on a separate
quote. Staff suggests beginning with one-day per week service to determine if it is
sufficient, but to include both options in the amendment.
Staff recommends the current agreement with CLS be amended to include landscape
maintenance services for Rosemead Boulevard through the end of the contract period
(J une 30, 2015). At that time, the median maintenance contract would be reviewed and
a Request for Proposals (RFP) issued as needed.
CONCLUSION:
The City Council is requested to approve the First Amendment to the agreement with
CLS Landscape Management, Inc. for landscape maintenance on the medians and
planters on Rosemead Boulevard.
FISCAL IMPACT:
Although not budgeted, sufficient funds are available in the Fiscal Year (FY) 2013-14
Trees and Parkways budget to cover the cost for May and June, 2014. Savings have
been realized in the tree removal line item, account no. 47-970-83-4261. If approved by
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City Council
May 6, 2014
Page 3 of 3
the City Council, funds would be included in the proposed Fiscal Year (FY) 2014-15 City
budget.
ATTACHMENTS:
A. Agreement for Landscape Maintenance Services -CLS Landscape Management,
Inc.
B. First Amendment to Agreement for Landscape Maintenance Services -CLS
Landscape Management, Inc.
C. Bid Sheet-CLS Landscape Management, Inc.
AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES
Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
CLS LANDSCAPE MANAGEMENT, INC.
a corporation
July 1, 2013
ATTACHMENT A
AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES
This Agreement for Landscape Maintenance Services ("Agreement'') is entered into as of
the date referenced on the cover page ("Effective Date") between the CITY OF TEMPLE CITY,
a charter law city and municipal corporation ("City") and the CONTRACTOR designated on the
cover e'Cont:ractor'') (collectively the "Parties"). In consideration of the mutual promises and
covenants made by the parties and contained here and other consideration, the value and
adequacy of which are hereby acknowledged, the parties agree as follows:
SECfiONl. SCOPE OF SERVICES
L.l Contractor Services. Subject to the terms and conditions of this Agreement,
Contractor agrees to perform for City those landscape maintenance services specified in the
Scope of Services attached hereto and incorporated herein by reference as Exhibit "A"
["Services"]. Contractor agrees to furnish, for the compensation provided for herein, all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately perform and complete the Services. Contractor agrees to perform the Services in
accordance with aU applicable local, state and federal laws, rules and regulations and in
accordance with applicable s1andards, specifications, and general conditions adopted by City.
Contractor agrees that all work must be of good and workmanlike quality and shall be subject to
inspection and approval by City. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
1.2 Extra Worl{. Contractor shall not be compensated for any work or services
rendered io connection with its performance of this Agreement which are in addition to or
outside of those set forth in the Scope of Services ("Extra Work") except as expressly provided
for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra
Work to be performed by Contractor is approved by City in writing in advance of Contractor's
commencement of such work. City shall not be obligated to pay for or otherwise be liable for
unauthorized Extra Work performed by Contractor.
1.3 Schedule of Performance & Term. Contractor agrees to diligently perform and
complete the Services in accordance with the Schedule of Performance attached hereto and
incorpomted herein by reference as Exhibit "B" ["Schedule of Performance"]. Modifications of
the Schedule of Performance must be agreed upon in writing in advance by the authorized
representative of the parties. The term of this Agreement shall be for two (2) years from and
after the effective date, unless expressly provided to the contrary in the Scope of Services, and
subject to early termination as provided for in Section 11 [Termination) of this Agreement. The
term may be extended by the mutually agreement of the parties memorialized in writing. City
authorizes its City Manager, or his/her designee, to agree to reasonable modifications of the
Schedule of Performance and to extensions of the Term, provided such modifications and
extension do not require additional compensation exceeding the City Manager's authority under
City's purchasing ordinance.
LA I/48U-4623-2581 vi
1.4 General Warnnty. Contractor warrants all Services under this Agreement
(which for purposes of this Section shall be deemed to include unauthorized work which has not
been removed and any non-conforming materials incorporated into the Services) to be of good
quality and free from any defective or faulty material and workmanship. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of
City, regardless of whe1her or not such warranties and guarantees have been transferred or
assigned to City by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of City.
1.5 Repair of Defects. Contractor agrees that for a period of one (I) year from and
after final liCceptance of the Services, or in any guarantee or warranty provided by any
manufacturer or supplier of equipment or materials incorporated into the Work, whichever is
later, Contractor shall within ten (10) Days after being notified in writing by CHy of any defect in
the Services or non-conformance of the Services, commence and prosecute with doe diligence all
work and services necessary to fulfill the terms of the warranty at his sole cost and expense. ln
addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the
work, facilities, fixtures, or materials damaged by its defective work services or which becomes
damaged in the course of repairing or replacing defective work or services. For any work so
corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as City may require to verify that any corrective actions are
adequate to remedy the defective condition. In the event that Contractor fails to perform its
obligations under this Section to the reasonable satisfaction of City, then City shall have the right
to correct and replace any defective, non-conforming, or damaged work or services at
Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses
incwred hereunder upon demand.
1.6 Contractor's Representative. Contractor hereby designates the representative
named in Exhibit "D" [''Representatives"], or his or her designee, to act as its representative for
the performance of this Agreement ("Contractor's Representative"). Contractor's Representative
shall have full authority to represent and act on behalf of the Contractor for all purposes under
this Agreement. Contractor's Representative shall supervise and direct the Services, using his or
her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
SECTION2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered,
the compensation set forth in Exhibit "C'' [Compensation] attached hereto and incorporated
herein by reference. Total compensation shall not exceed the total price or "not to exceed"
amount set forth in Exhibit "C" without the prior written approval of City. City authorizes its
City Manager, or his/her designee, to approve additional compensation for Extra Work as may be
approved under Section 1 above, provided such additional compensation, in the aggregate, does
not exceed the City Manager's authority under City's purchasing ord.inance.
LA #4822-4623-2581 vi 2
2 .2 Payment of Compensation. Contractor shall submit periodic (monthly or
quarterly as specified by City in Exhibit "C") invoices together with an itemized statement of
Services provided. The statement shall describe the Services provided, the percent of work
complete by item, together with such other reasonable detail and supporting documentation as
may be required by the City Manager, or his/her designee. City will review the statement and
pay, with the exception of any charges for work performed or expenses incurred by Contractor
which arc disputed by City, within 30 days of receiving such statement, all approved charges
thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defect in work performed by Contractor.
SECTION3. RESPONSffiiLITIES OF CONTRACTOR
3.1 Control and Payment of Subordinates; Independent Contractor. Contractor
agrees that all Services shall be performed by Contractor or under its supervision. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be Wlder
the Contractor's exclusive direction and control. Contractor will determine the means, methods
and details of performing the Services subject to the requirement of this Agreement. Contractor
is and shall at all times remain a wholly independent contractor and not an officer, employee or
agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unJess such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor
may have to any such rights.
3.2 Standard of Care & Licenses. Contractor agrees that all Services shall be ·
performed in a skillful and competent manner, consistent with the standards generally recognized
as being employed by professionals in the same discipline in the State of California. Contract or
represents and warrants that it, its employees and subcontractors shall have sufficient skill and
experience to perform the Services and that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained in good standing throughout the term of this Agreement
3.3 Required Corrections. As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully infonned of and in
compliance with all local, state and federal laws, rules and regulations in any lllDJlDer affecting
the performance of the Services, including all CaVOSHA requirements, and shall give all notices
required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services.
LA 114822-462.3-2581 vi
3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as
to avoid injury or damage to any person or property and shall otherwise exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed.
3.6 Labor Code and Prevailing Wage Requirements.
3.6.1 Apprenticeable Crafts. To tile extent applicable, Contractor shall comply
with the provisions of Section 1777.5 of the Labor Code with respect to the employment of
properly registered apprentices upon public works.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and
overtime requirements of Section 1813 Labor Code.
3.6.3 Payroll Records. In accordance with the requirements of Labor Code
Section 1776, Contractor shall keep accurate payroll records which are either on forms provided
by the Division of Labor Standards Enforcement or which contrun the same information required
by such forms. Contractor shall make all such records available for inspection at all reasonable
hours.
3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware
of the requirements of California Labor Code Section 1720, et ~ .• and 1770, ~ g:g., as well as
California Code of Regulations, Title 8, Section 1600, et ~-. ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other requirements on
"Public Works" and "Maintenance" projects. If the Services are being perfonned as part of an
applicable "Public Works" or "Maintenance" project, as defmed by the Prevailing Wage Laws,
and if the total compensation is $1 ,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per
diem wages in effect at the commencement of this Agreement. Contractor shall make copies of
the prevailing rates of per diem wages for each craft, classi:fication or type of worker needed to
execute the Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the project site. Notwithstanding the foregoing,
the parties agree that because CTI'Y is a Charter City, and the Services provided are local in
nature and of municipal concern, Sections 1720, et seq., and 1770, et seq., shall not apply.
3.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not <liscriminatc against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all .
of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et ~ .• as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Ul. #4822-4623-1581 v 1 4
SECTION 4. INDE.l\1NIFICATION
4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence
or wiJJful misconduct of the Agency or City, Contractor expressly agrees to, and shall,
indemnify, defend, release, and hold the Agency, the City, and their respective officials, officers,
employees, agents, and contractors harmless from and against any Action, liability, loss, damage,
entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way
related to, any act or omission of Contractor, or its officers, directors, employees, agents, or
contractors, connected with the performance under this Agreement, notwithstanding that the
Agency and/or City may have benefited therefrom, or any challenge to this Agreement. This
Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether
active or passive, on the part of Contractor's officers, directors, employees, agents and
contractors, including but not limited to acts or omissions in any way related to, the release,
treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the
location at which work under this Agreement is performed of any Hazardous Substances by
Contractor or its officers, directors, employees, agents, and subcontractors. The Parties
expressly agree that any payment, or Costs and Expenses the City incurs or makes to, or on
behalf of, an injured employee under the City's self administered workers' compensation, is
included as a loss or Costs and Expenses for the purpose of this Section. The City shall not be
responsible for any acts, errors or omissions of any person or entity except the City and their
respective officers, agents, servants, employees or contractors. The Parties expressly agree that
the obligations of Contractor under this Section shall survive the expiration or early termination
of the Agreement.
4.2 Action. For purposes of this Agreement, "Action" shall mean any suit (whether
legal, equitable, or declaratory in nature),· proceeding or hearing (whether administrative or
judicial), arbitration or mediation (whether voluntary, court-ordered. binding, or non-binding), or
other alternative dispute resolution process, and the filing, recording, or service of any process,
notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to
commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, "Costs and Expenses"
shall mean alJ costs and expenses, to the extent reasonable in amount, actually and necessarily
incurred by a party in good faith in the investigation, prosecution or defense of an Action,
including, but not limited to, court costs, filing, recording, and service fees, copying costs, ·
exhibit production costs, special media rental costs, attorneys fees, consultant fees, fees for
investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs,
and any other costs or expenses, the award of which a court of competent jurisdiction may
ddtmnin~ to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous
Substances" shall mean any and all ofthe following:
a. any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated, or for which liability arises for misuse,
pursuant to the Comprehensive Environmental Response Compensation and Liability Act
("CERCLA''), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
l.A #4822-4623·2581 vi S
§ 1801, et seq.; the Resomce Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6901, et
seq.; the Toxic Substances Control Act, 15. U.S.C.S. §2601, et seq.; the Clean Water Act, 33
U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the
Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act,
42 U.S.C. §7401, el seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste
Disposal Act, 42 U.S.C. §6901, el seq.; the Surface Mining Control and Reclamation Act, 30
U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C.
§11001, et seq.; the Occupational Safety and Health Act, 29 U .S.C. §§655 and 657; the
Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.") §25100, el seq.;
the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking
Water and Toxjc Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of .
Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous
Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act,
H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C.
§25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all
as they may from time to time be amended; and
b. any substance, product, waste or other material of any natme
whatsoever which is or becomes listed, regulated, or for which liability for misuse arises .
pursuant to any other federal, state or local statute, Jaw, ordinance, resolution, code, rule,
regulation, order or decree due to its hazardous, toxic or dangerous nature.
SECfiON 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. Any and ·
all such documents or records shall be maintained in accordance with generally accepted
accounting principles and shall be sufficiently complete and detaHed so as to permit an accmate
evaluation of the services provided by Contractor pursuant to this Agreement. All such records
shall be clearly identifiable.
5.1.2 Inspection and Copying. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement. Contractor shall allow inspection
of all work, data, documents, proceedings, and activities related to the Agreement for a period of
three (3) years from 'the date of final payment under this Agreement. At no cost to City,
Contractor shall provide copies of such documents or records directly to the City for inspection,
audit and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Contractor's address
indicated for receipt of notices in this Agreement.
5.2 Ownership of Documents. All original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents
prepared~ developed or discovered by Contractor in the course of providing any services pursuant
to the AgTeement shall become the sole property of City and may be used, reused or otherwise
LAII4822-4623·2S81 vl 6
disposed of the City without the permission of the Contractor. Upon completion, expiration or
termination of this Agreement, Contractor shall turn over to City all such original maps, models,
designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and
other documents
SECftON6. INSURANCE
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of
this Agreement Contractor will maintain insurance in conformance with requirements established
by City's Purchasing Officer, Finance Director or Risk Manager for the type of Services being
performed. Contractor acknowledges that prior to the effective date of this Agreement, City
provided to Contractor the applicable insurance requirements, a copy of which are attached
hereto as Exhibit "F" ("Insurance"). Contractor will usc existing coverage to comply with these
requirements. If that existing coverage does not meet the requirements set forth here, Contractor
agrees to amend, supplement or endorse the existing coverage to do so. Contractor
acknowledges that the insurance coverage and policy limits provided by City constitute the
minimum amount of coverage required. Any insurance proceeds in excess of the limits and
coverage required in this Agreement and which are applicable to a given Joss, will be available to
the City. .
6.2 Additional Insureds. Contrac1or agrees to have its insurer include as additional
insureds City, its officials, employees and agents, under such polices, and using such forms as
may be, identified by the City's Purchasing Officer, Finance Director or Risk Manager.
Contractor also agrees to require all contractors, and subcontractors to do so ljkewise.
6.3 Proof of Insurance to City. Proof of compliance with the insurance
requirements, consisting of certificates of insurance evidencing all of the coverages req\.ti.red and
such additional insured endorsements as have been required to Contractor's policies shall be
delivered to City concurrently with Contractor's execution of this Agreement, but in no event
later than the Effective Date of this Agreement.
6.4 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section. Contractor agrees
that upon request, aU agreements with subcontractors and others engaged in the project will be
submitted to City for review.
6.5 Modification of Insurance Provisions. City authorizes City Manager to make,
upon the written concurrence of the Finance Director or Risk Manager, reasonable amendments
to the inswancc requirements provided by City to Contrae-ior under Section 6.1 of thls
Agreement, after considering the Scope of Services, potential Uabilities, and the required level of
insurance to adequately protect the City from risk liability.
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SECI'JON7. BONDS
Section intentionally deleted. No bonds necessary for these services.
SECTIONS. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with
or without cause, and without any prior notice of default or right to cure by Contractor, the whole
or any part of this Agreement at any time and by giving written notice to Contractor of such
termination, and specifying the effective date thereof, at least three (3) days before the effective
date of such tennination. Upon termination,. Contractor shall be compensated only for those non-
disputed Services, which have been adequately rendered to City, and Contractor shall be entitled
to no further compensation. Contractor may not terminate this Agreement except for cause.
8.2 Termination by Contractor. Contractor may, by written notice to City,
terminate this Agreement based upon City's faiJure to timely cure a default under this Agreement
as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide
City with a written notice specifying City's alleged default and providing City with a forty-five
( 45) day period to cure the default. Should City timely cure such default, the Agreement shall
continue. Should City failure to timely or adequately cure such default, Contractor may
terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior
written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecatjon or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which
may arise out ofthe nature of the Services agreed to herein, or from the action of the elements, or
from any unforeseen difficulties which may arise or be encountered in the prosecution of the
Work until the same is fully completed and accepted by City.
9.3 Excusable Delays. Contractor shall not be liable for damages, including
liquidated damages, if any, caused by delay in performance of failure to perform due to causes
beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts
of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires,
floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this
Agreement shall be equitably adjusted for any delays due to such causes.
9.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of the Agreement.
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9.5 Governing Law. This Agreement shall be interpreted, construed and governed
according to the laws of the State of California. In the event of litigation between the parties,
venue in state trial courts shall lie exclusively in the County of Los Angeles. ln the event of
litigation in a U.S. District Court, venue shall tie exclusively in the Central Distric.1 of California,
Jocated in Los Angeles, California.
9.6 Integration. This Agreement, including the attached Exhibits "A" through "F", is
the entire, complete, final and exclusive expression of the parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether oral or written,
or entered into between Contraclor and City prior to the execution of tills Agreement. No
btatements, representations or other agreements, whether oral or written, made by any party
which are not embodied herein shall be valid and binding. No amendment to this Agreement .
shall be valid and binding unJess in writing duly executed by the parties or their authorized
representatives.
9.7 Severability. If a term, condition or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invaJid, void or unenforceable provision(s).
9.8 Prohibited Interests . Contractor represents and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreemenl Further, Contractor warrants that it has not paid
nor bas it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement.
9.9 Amendments. No amendrrient to or modification of this Agreement shall be
valid unJess made in writing and approved by the City and the Contractor. The parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
9.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
9.11 Delivery Of Notices. All notices required or permitted to be given Wlder this
Agreement shalJ be in writing and shall be given to the respective parties at the addresses listed ·
in Exhibit "D", or at such other address as the respective parties may provide in writing for this
purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and address to the part
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardJess of the method of service.
9.12 Binding Effect. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties.
LA #4822-4623·2581 vi 9
9.13 Waiver. Waiver by any party to this Agreement of any term, condition, or
covenant of this Agreement shall not constitute a waiver of any other tem1, condition, or
covenant. Waiver by any party or any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of
any provision of this Agreement. Acceptance by City of any work or services by Contractor ·
shall not constitute a waiver of any of the provisions of this Agreement.
9.14 Attorneys Fees, Costs And Expenses. In the event litigation or other proceeding
is required to enforce or interpret any provision of this Agreement, the prevailing party in such
litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, Costs
and Expenses, in addition to any other relief to which it may be entitled.
9.15 Subcontracting. Contractor shall not subcontract any portion of the work
required by this Agreement., except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement
9.16 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
9.17 Authority To Execute. The person or persons executing this Agreement on .
behalf of Contractor represents and warrants that he/she/they bas/have the authority to so execute
this Agreement and to bind Contractor to the performance of its obligations hereunder.
lN WITNESS WHEREOF, the panies hereto have caused this AGREEMENT to be executed
the day and year first above written.
APPROVED AS TO F
/
Print Name
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Phone
LA #4822-4623·2581 vi 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~
State of California
County of c;: ~-17& ~ ;"} av ~. t... (} }
On S:-'-:prf= ? . '?C l ? before me, Cb ( / CS
Ooto1
personally appeared ----+/_[_· --'~-=-.---'"-\~)~...;,..ofL....L,.}_Lt-J--.r==JE=;:;---'->.L---------
Place NO!llry Soal flb<1ol8
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h
----------------------OPnONAL--------------------------
Though the information below is not requirod by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of th1s form to another document.
Description of Attached Document
Title on ype of Document 0·7 J-fT:" ~ p fe {A 7 !k \ .!J<>f '-v-' h i
Document Date: ------------------Number of Pages:---------
Signer(s) Other Than Named Above:
Capacity(ies} Claimed by Slgner(s}
Signer's Name:-------------
0 IndiVidual
0 Corporate Officer -TIIIe(s):
0 Partner -LJ Umited 0 General
0 Attorney in Fact
0 Trustee
u Guardian or Conservator
0 Other: ________ _
Signer Is Representing: ____ _
'''llillJ =-Top of Jhumb nere
Signer's Name: _____________ _
0 Individual
0 Corporate Officer-Title(s): ---------
0 Partner-0 Limited 0 General
0 Attorney in Fact
OTrustee
0 Guard1an or Conservator
0 Other:----------
Signer Is Represenling. _ ·----
~~~®~~
02007 NabOnal NOC8fy I\Sooc:llaiiOn • 1n50 De SOlo-""' , P.O. 8<M 2402 • Cl>eiSWOrtl. CA 9131 ~2402 • www N3110na1Nolary.o.g 11am f5I¥J7 RoonlerCanOI'.f""' H!00-8~7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of S'c. "' & ,. ~ 1 ,-, ,. cL 't... u a -11 ~ ~ Ch-j \.-( ~D before me, On Se_;pt 2, 2..~ 1 ·7
Date Here Insert Nome and llllo ollho OMoer
personally appeared __ "*/a-'-· _\_t _, "'--'-t_L __ 'C::> __ _..(A"-'---v~!'~$:;:;-;:i"i'!::=r----------Name<•> ol Si!llllli(s)
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z Riverside County ?! ~ ~ • f4l ~ozu~. sxe'r:s i~ D }~1 t (
Plaoo Notary Seal N»ve
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s). or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
OPTIONAL--------------------------
Though the information below Is not required by law, it may prove valuable to persons retymg on the document
and could prevent fraudulent removal and reattachment of /his form to another document.
Description of Attached Document J
(_' -/-v1 fY'1 ·J: J r. M yL ·\ep·-f-LA....J Trtle or Type of Document: l ·{ f -P v~ £ l.---t f ~ -
Document Date:------------------Number of Pages:---------
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ___ -----------
0 Individual
0 Corporate Off1cer-Title(s):
0 Partner-0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: ________ _
Signer Is Representing: ____ _
Top of thumb here
Signer's Name: ___ _
0 Individual
0 Corporate Officer -Title(s): _____ ·----
0 Partner -0 Limited 0 General
0 Attorney in Fact
O Trustee
0 Guardian or Conservator
0 Other: _________ _
Signer Is Representing: ____ _
Top ol thumb hero
EXHIBIT "A" SCOPE OF SERVICES
Contractor shall provide all the necessary personnel, materials, equipment, transportation and
safety apparatus required for a complete maintenance service of, and upon, the improved areas of
public property in the City of Temple City, California as identified below:
I . Baldwin Avenue street median island from north City boundary to south City boundary.
2. Santa Anita Avenue street median island irom north City boundary to south City
boundary.
3. The street median island located at the intersection of Encinita A venue and Broadway.
4. Las Tunas Drive street median from Muscatel Avenue to Sultana Avenue.
5. Lower Azusa Avenue median island from ElHs Lane to Agnes Avenue.
Materials to be supplied by and labor performed by Contractor in the ordjnary mainteoance of
the landscaped areas shall consist of the following:
Water Irrigation Systems
1. Maintain and repair water irrigation systems to assure adequate and proper operation at
all times, including weekly testing and udjustroent of sprinkler heads.
2. Adjust watering days and duration to provide adequate moisture necessary for the healthy
condition of all organic materials.
3. Repair damaged/failed components of the irrigation system immediately. With prior
approval, the City may pay additional labor and material expenses for major repairs.
Mowing and Edging
1. Turf areas shall be mowed and edged weekly, or as often as shall be required to maintain
a height of 1 Yz".
2. Turf shall be raked or otherwise cleaned to maintain a neat appearance at all times.
Fertilizing, Weed, and Pest Control
1. All turf areas shall be fertilized twice a year with a balanced organic fertilizer provided
by Contractor.
2. Selective herbicides, provided by Contractor, shall be applied as necessary to prevent the
growth of crabgrass and broadJeaf weeds.
3. Insecticides, provided by Contractor, shall be applied as necessary to prevent infestation
of insects that are injurious to organic landscape materials.
4. The City shall approve the selection and application of any pesticide prior to its use.
Lawn Reseeding
l. All nuf areas shall be over seeded every October with annual rye grass supplied by
Contractor, at a rate of twenty (20) pounds per 100 square feet.
Plant Repht.cement
1. Contractor shall replace, at his expense, any tree, shrub, turf, or other landscape material
that dies due to Contractor's negligence. Any tree, shrub, turf or other landscape material
that dies from reasons other than Contractor's negligence will be replaced by Contractor
and the City's expense.
Traffic Controls and Barricades
1. The Contractor shall provide satisfactory warning devices that meet the requirements of
the California Occupational Safety and Health Act (Cal-OSHA) for safe traffic control
and protection of workers when and where required at all times in the performance of this
contract.
Miscellaneous Items
1. The Contractor shall remove and dispose of all grass and shrub clippings.
2. Nuisance conditions caused by the Contractor's work shall be avoided.
3. Each working crew shall have a responsible lead worker that can represent the company
to discuss work items with a City representative on a monthly basis, or at intervals to be
determined by City.
4. Trees shall be pruned only as approved by the City Manager or his designated
representative.
5. Contractor shall be responsible for keeping curb, gutter, and hardscape areas free of
weeks and debris.
6. Contractor's work force must be property attired and wear and use all appropriate safety
equipment in accordance with Cal-OSHA at all times during the performance of this
contract.
7. All equipment used by Contractor in the performance of this contract must meet all Cal-
OSHA requirements.
,-------------~-----~
EXHIBIT "B" SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform any and all services necessary for the completion of work as set
forth in this Agreement in accordance with the schedule outlined in Exhibit "A" Scope of
Service.
EXIIIBIT "C" COMPENSATION
The CITY shall pay CONTRACTOR to perfonn the services included in Exhibit "A" an amount
not to exceed $2,077 per month or $24,924 per year.
LA 114822-4623-2581 vi
EXHIBIT "D" REPRESENTATIVES
City of Temple City
Department of Parks & Recreation
9701 Las Tunas Drive
Temple City, California 91780
Attn: Cathy Burroughs
cburrougbs@templecity.us
Facsimile: (626) 454-3221
CLS Landscape Management, Inc.
471 1 Schaefer Avenue
Chino, CA 91710
Attn: Pat Strohman
Facsimile: (909) 464-1 021
LA #4822-4623·2581 v i
------------
EXHJBIT "E'' BONDS REQUIRED
None Required
LA /14S22-4623-2S81 vi
r
EXHIBIT "F" INSURANCE
CONTRACfOR shall not commence work under this contract until CONTRACTOR shaU
have obtained all insurance required by this Agreement and such insurance shall have been
approved by the CITY as to form, amount, and carrier; nor shall CONTRACTOR allow
any subcontractor to commence work on any subcontract until all similar insurance
requ.ired of the subcontractor shall have been so obtained and approved.
(a) COr-.1PENSATION INSURANCE -CONTRACTOR shall take out and maintain
during the life of this contract, Worker's Compensation Insurance for all of
CONTRACTOR's employees employed in connection with this Agreement; and
if any work is sublet, CONTRACTOR shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by
CONTRACTOR If any class of employees engaged in work under this contract ·
is not protected under any Workers' Compensation law, CONTRACTOR shall
provide and shall cause each subcontractor to provide adequate insurance for the
protection of employees not otherwise protected, CONTRACTOR shall
indemrufy CITY for any damage resulting to it from failure of either
CONTRACTOR or any subcontractor to take out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/COMPLETED
OPERATIONS HAZARD. COMPREHENSIVE AUTOMOBILE LIABILITY .
AND CONTRACTUAL GENERAL LIABILITY INSURANCE
CONTRACTOR shall take out and maintain during the Life of this contract such
comprehensive general liability, products/completed operations hazard,
comprehensive general liability and contractual general liability insurance as shall
protect CITY, its elective and appointive boards, officers, agents and employees,
CONTRACTOR and any subcontractor performing work covered by this
contract, from claims for damage for personal injury, including dea~ as well as
from claims for property damage which may ru:ise from CONTRACTOR's or any
subcontractor's operations under this contract, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly
employed by either CONTRACTOR or any subcontractor, and the amounts of
such insurance shall be as follows:
(1) Public Liability Insurance in an ammmt of not less than ONE MILLION
DOLLARS ($1,000,000);
(2) Products/Completed Operations Hazard Insurance in an amount of not less
than ONE M1LUON DOLLARS ($1,000,000);
(3) Comprehensive Automobile Liability Insurance in an amount of not less
than ONE MILLION DOLLARS ($1,000,000);
LA #4822-4623-25&1 vi
(4) Contractual General Liability Insurance in an amount of not less than
ONE MILLION DOLLARS ($1,000,000).
A combined single limit policy with aggregate limits in an amount of not less than
TWO MILLION DOLLARS ($2,000,000) shaU be considered equivalent to the
said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE -The insurance required by this AGREEMENT shall
be with insurers wruch are Best A rated, and California Admitted or better. The
CITY of Temple City shall be named as "additional insured" on all policies
required hereunder, and CONTRACTOR shall furnish CITY, concurrently with
the execution hereof, with satisfactory proof of caniage of the insurance required,
and adequate legal assurance that each carrier will give CITY at least thirty (30)
days' prior notice of the cancellation of any policy during the effective pe.riod of
the contract.
(d) NOTICE TO COMMENCE WORK -The CITY will not issue any notice
authorizing CONTRACTOR or any subcontractor to commence work under this
contract until CONTRACTOR has provided to the CITY the proof of insurance as
required by subparagrnpb (c) of this article.
LA 114822-4623·2581 vi
CITY OF TEMPLE CITY
FIRST AMENDMENT TO AGREMMENT FOR
LANDSCAPE MAINTENANCE SERVICES
ATTACHMENT 8
The undersigned do hereby amend the Agreement between the City of Temple City
(CITY) and CLS Landscape Management, Inc. (CONTRACTOR), dated July 1, 2013, as
follows:
Exhibit "A" SCOPE OF SERVICES is amended to include, in addition to all
existing text, the following:
CONTRACTOR shall provide all necessary personnel, materials, equipment,
transportation and safety apparatus required for complete landscape maintenance
services of, and upon, the medians and planters located on Rosemead Boulevard within
the City limits (generally from the railroad tracks to south to Callita Street to the north).
Services shall include weeding , trimming, mulching , trash pick-up and irrigation checks.
Service shall be provided 1 day per week; 2 day per week service may be ordered if
CITY determines in its sole discretion that additional service is required and
communicates the same in writing to CONTRACTOR.
Repair of damaged/failed components of the irrigation system and replacement of plant
materials may be approved in writing by the City as an additional item on a separate
quote.
Exhibit "C" COMPENSATION is amended to include, in addition to all existing
text, the following:
The CITY shall pay CONTRACTOR to perform additional services upon the medians
and planters located on Rosemead Boulevard as more fully described and provided for
herein as follows:
$2, 115/month
$4,230/month
3 men 1 day per week
3 men 2 days per week
Notwithstanding the aforementioned Amendment, all other prov1s1ons of said
Agreement, including other provisions of Exhibits "A" and "C", shall remain in effect.
CITY OF TEMPLE CITY CLS LANDSCAPE MANAGEMENT, INC.
Interim City Manager Contractor
Date Date
APPROVED AS TO FORM:
City Attorney
ATTACHMENT C
BID SHEET
t:sLimat.e #051215
CLS lu•oupo Mu••••••t. loc
471 1 Schaefer Avenue
Chino, California 917 10
Phone: (909) 628-3005
Fax: (909) 464-1021 Lie. No. 650883
March 2 4 ' 2 0 I 4 city 0 r l f> Ill p l c c i L y
DATE: CLIENT: __
Maintenance I Rosemead 8Jvd. Listed Below
JOB·_ ADDRESS:
Description I Requirements
REVJ.SFD 04/08/14
-----
Bid Js to perform landscape mainLcnance on Lhe medians and plant e r s
thaL are Jocated a l ong Lhe sidewalks on Rosemead Boulevard t.o
jnclude weeding, Lrimmjng, muJching, tr·ash pick-up and irrjgaLion chec
Bid includes all labor and materials needed.
NOTE: PLANT MATErnA L REPLACEMENT ON A SEPERATE QUOTE \\>'T I.L BE PROVTDED
WHEN NEEDED .
OPTION 1: 3 MEN I DAY PER WEEK-MONTHLY
OPTION 2: 3 MEN 2 OAYS PER WEEK -MONTJII.Y 1
2 Ll5.00
4230 .00
ALL PRTCES WTLL STAY IN EFFEC'l FOR 60 DAYS FROM DATE OF BtD.
ANY BID OVER 60 DA YS WILl BF SUB.JECT TO REVTEW AND A POSSIBLE PRICl·:
INCREASE
Sales Tax:
BID TOTAL:
?d-~tfrt-.-,__J IJ{ ~ 1
SIGNATURE ~~
Any aherauon or devrallon from above specilicarron\ rmolving exira co'!\
wtll be c\ccured only upon wrirrcn order, and wrll become an cxrrn charge
over and above I he brd All ~grccmcnts cnnrmgcnt upon \lnkcs. accrdcnts, or
delnys beyond our control.
$ 6345.00
SIGNATURE DATE
ALL PRICES W ILL STAY IN EFFECT FOR 60 DAYS
FROM DATE OF BID.