HomeMy Public PortalAbout08) 7D Approval of Agreement with CLS Landscape Management, Inc.AGENDA
ITEM 7.0.
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
DATE: May19,2015
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By : Cathy Burroughs , Director of Parks and Recreation
SUBJECT: APPROVAL OF AGREEMENT WITH CLS LANDSCAPE
MANAGEMENT, INC. FOR LANDSCAPE MEDIAN MAINTENANCE
SERVICES FOR FISCAL YEARS (FY) 2015-18
RECOMMENDATION:
The City Council is requested to :
a) Approve a three-year Agreement (Attachment "A ") with CLS Landscape
Management, Inc. (CLS) for landscape med ian maintenance services ; and
b) Author ize the City Manage r to execute the Agreement in an amount not to exceed
$215 ,730 over the three-year term .
BACKGROUND:
1. On July 1, 2011 , the City entered into a two -year Agreement with CLS for
landscape median ma intenance services .
2 . On July 1, 2013 , the City renewed the Agreement w ith CLS for an add itional two-
year period .
3. On May 6 , 2014 , the City Counci l approved an amendment to the Agreement with
CLS to include landscap e maintenance services for Rosemead Boulevard .
4 . On March 23 , 2015 , the City issued a Request for Quotations (RFQ) for
Landscape Median Maintenance Services for medians located throughout the City .
A total of five bids were received by the April 17 , 2015 deadline.
5 . Between April 20, 2015 and April 23 , 2015 , staff reviewed the bids and determined
that CLS , the existing con tra ctor, was the low bidder.
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May 19, 20 15
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ANALYSIS:
CLS has been providing landscape median maintenance services for the med ians on
Baldwin Avenue , Santa Anita Avenue , Lower Azusa Road , Encinita Avenue , and Las
Tunas Drive since 2011 . Upon completion of the Rosemead Boulevard Beautification
Project in 2014 , CLS assumed responsibility for the maintenance of all landscaped
medians , islands , and planters on Rosemead Boulevard . The qual ity of their work is
excellent and their fees have remained the same , with no increase , since 2011 .
However, because this contract had not been competitively bid for four years , staff issued
a Request for Quotations for these services . The RFQ was sent to vendors that had
requested to be included in future bids and was posted on the City's website and various
online bid rooms . A Notice Inv iting Bids was also published in the local newspaper. A
total of five bids were received by the published deadline . Following is a summary of the
bids received :
Name Location Proposed Fee-3 Years
CLS Landscape Management Inc . Chino , CA $215 ,730 .00
Mariposa Landscapes , Inc . Irwindale , CA $255 ,396 .00
Marina Landscape, Inc. Anaheim , CA $259 ,834 .64
Conejo Crest Van Nuys , CA $300,468 .00
Orozco Landscape & Tree Co . Pomona , CA $352 ,800 .00
An analysis of the bids received is attached (Attachment "B"). After a thorough review
process including compliance with the RFQ , comparable expe ri ence , and propos ed fees ,
staff recommends the City enter into a three year agreement with CLS. The bid from CLS
for landscape maintenance of Rosemead Boulevard is at the same rate as the current
contract , $4 ,230/month . The bid for landscape ma intenance of all other med ians is
approximately 17% lower than the current rate (i.e . currently $2 ,077/month , proposed fee
is $1 ,762/month). The total amount the City will be paying for landscape median
maintenance under the new contract will be $5 ,992 .50 per month compa red to t he current
rate of $6 ,307 per month . This rate remains the same for the next three years w ith no
cost of living adjustment requested .
Due to the ongoing drought, the Governor's Executive Orders , and water restrictions
implemented by the various water providers , staff has , at least temporarily, decided to not
water the grass medians on Baldwin Avenue , Santa Anita Avenue , and Encin ita Avenue.
To prepare for the likelihood that the grass on those medians will die, staff met with
representat ives from CLS to determ ine what, if any , implications this may have on their
services and the upcoming Agreement. At th is time , we plan to proceed with service (i.e .
mowing , edging , and weeding ) on those medians as is currently provided , with the
exception of over seeding a nd irrigation repairs . If/when the grass dies, CLS will provide
a revised fee for those medians . In anticipation of the grass dying off, to reduce stress to
the large Canary Island Pine trees located in the medians and to provide a more attractive
median , staff has requested two proposals from CLS . The first is to install d rip irrigation
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May 19, 20 15
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around the trees on those medians and to install mulch to replace the dead grass . This
option would keep the trees adequately watered and "camouflage " the dead grass . The
second proposal would be a long range plan to re -design the medians with drip irrigation
and a drought tolerant planting palette. Staff will review the proposals upon rece ipt and
will pursue funding options for implementation .
CONCLUSION:
The City Council is requested to review and approve the Agreement fo r Landscape
Median Maintenance Services with CLS . Approval of th is Agreement will allow for
ongoing maintenance to the various medians and p lanters on Baldwin Avenue , Santa
An ita Avenue , Lower Azusa Road , Encinita A venue , Las Tunas Drive and Rosemead
Boulevard .
FISCAL IMPACT:
Funds have been included in the proposed Fiscal Year (FY) 2015-16 City budget to cover
the cost of these services .
ATTACHMENTS:
A. Agreement-CLS Landscape Management, Inc.
B. Summary of Bids -La ndscape Median Maintenance Services
ATTACHMENT A
AGREEMENT FOR
LANDSCAPE MEDIAN MAINTENANCE SERVICES
Between
THE CITY OF TEMPLE CITY
and
CLS LANDSCAPE MANAGEMENT, INC .
Dated
AGREEMENT FOR
LANDSCAPE MEDIAN MAINTENANCE SERVICES
This Agreement for Landscape Median Maintenance Services ("Agreement") is
entered into as of the date referenced on the cove r page ("Effective Date ") between th e
City of Temple City , a charter city and municipal corporation ("City"), and CLS
Landscape Management, Inc., a corporation ("Contractor") (collectively the "Parties ").
In consideration of the mutual promises and covenants made by the Part ies and
contained here and othe r c onside ration , the va lu e and adeq uacy of which are he reby
acknowledged , the Parties agree as follows:
SECTION 1 . SCOPE OF SERVICES
1.1 Term . Subj ect to the provisions of Section 8 [Term inat ion] of this
Agreement, th e term of this Agreement is for 3 years commencing on July 1, 2015
("Term ").
1.2 Contractor Services . Subject to the terms and cond itio ns of t hi s
Ag reement , Contractor agrees to perform for City those landscape median ma i ntenance
services specified in the Scope of Services attache d hereto and incorporated here in by
reference as Ex hibit "A " [S cope of Services] ("Services "). Contractor agrees to fu rn ish ,
for the compensation provided for herein , all labor, materials , tools , equipment,
services , and incidental and customary work nece ssary to fully and adequately perform
and comp lete the Services . T he Services shall be subj ect to inspection and approva l by
City. Contractor agrees to work closely with City staff in the performance of the Services
and shall be available to City's staff and consultants at all reasonable t imes .
1.3 Extra Work. Contractor shall not be compensated for any work or
services rendered in connectio n with its performan ce of this Agreement, which are in
addition to or outside of the Se rv ices ("Extra Work"), except as ex pressly prov ided 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 i n writ ing in advance of
Contractor's commencement of t he Extra Work i n accordance with Section 9 .10
[Amendments] and Section 9 .19 [Administration and Implementat ion]. City shall not be
obligated to pay for or otherwise be liable for unauthorized Extra Work perfo rmed by
Contracto r.
1.4 Schedule of Performance . Contractor agrees to d i ligently perform and
complete the Services in accorda nce with the schedule of performance attache d hereto
and incorporated herein by reference as Exhibit "B" [Schedule of Performance]
("Schedule of Performance"). Modifications to the Schedu le of Performance must be
agreed upon in writing i n advance by the City Manage r pursuant to Sect io n 9 .19
[Administrat ion and Implementat ion] and Contractor.
1.5 General Warranty . Contracto r warrants all Services under thi s
Agreement (which for purposes of this Section shall be deemed to include unauthorized
Extra Wo rk 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 workmansh ip. All warranties and guarantees of subcontractors ,
suppliers and manufacturers with respect to any portion of the Services , w hether
express or implied , are deemed to be obtained by Contractor for the benefit of City,
regardless of whether 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 .
1.6 Repair of Defects. Contractor agrees that for a period of one (1) year
from and after final acceptance of the Services , or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated i nto
the Services , whichever is later, Contractor shall w ithin ten (1 0) days after be i ng notified
in writing by City of any defect in the Services or non-conformance of the Services ,
commence and prosecute w ith due diligence all work and services necessary to fulfill
the terms of the warranty at its sole cost and ex pense . In 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 Services or which becomes damaged i n the
course of repairing or replacing defective Services . For any Services so corrected ,
Contractor's obligation hereunder to correct defective Services shall be reinstated for an
additiona l one year period , commencing with the date of acceptance of such corrected
Services . 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 Services at Contractor's sole e xpense . Contractor shall
be obligated to fully reimburse City for any expenses incurred hereunder upon demand .
1.7 Contractor's Representative . Contractor hereby designates the
representat ive 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 beha lf of the Contractor for all purposes under th i s Agreement. Contractor's
Representative shall supervise and direct the Services , using h is or her best ski ll 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.
SECTION 2. 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 to Contractor for the Services
shall not exceed the total price or "not to exceed " amount set forth in Exhibit "C ," without
the prior written approval of City i n accordance with Section 9 .10 [Amendments] and
Section 9 .19 [Administration and Implementation].
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2 .2 Payment of Compensation. Contractor shall submit periodic (monthly or
quarterly as specified in Exhibit "C") invoices together with an itemized statement of
Services provided . The statement shall describe the Services provided together with
such other reasonable detail and supporting documentation as may be requ ired by the
City Manager, or his/her designee. City will rev iew the statement and pay , wi t h the
exception of any charges fo r work performed or expenses incurred by Contractor wh ich
are 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 .
SECTION 3. RESPONSIBILITIES 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 Serv ices under this Agreement on behalf of
Contractor shall at all times be under the Contractor's exclusive direction and control.
Contractor will determine the means, methods and details of performing the Services
subject to the requirements of this Agreement. Contractor is and shall at all times
remain a wholly independent contractor and not an officer, employee or agent of C ity.
Contractor shall have no authority to bind City in any manner, nor to i ncur any
obligation , debt or liability of any k i nd on behalf of or against City, whether by co ntract or
otherwise , unless 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 reti rement ,
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 and 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 discipl ine in the
State of California . Contractor 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 l icenses , permits , qua lifications 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 ma intained in
good stand i ng throughout the term of this Agreement.
3.3 Required Corrections. Contractor shall perform , at its own expense and
without reimbursement from the C ity, any work necessary to correct errors o r omissions
that 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 fu l ly informed of and in
compliance with all local , state and federal laws , rules and regulations in any manner
affecting the performance of the Services , including all Ca i/OSHA requirements , and
shall give all notices required by law. Contractor shall be liable for all violations of such
laws and regulations in connect ion with Services .
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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 the 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 comp ly with the legal days work
and overtime requ i rements of Section 1813 of the Labor Code.
3.6 .3 Payroll Records. In accordance with the requirements of Labor
Code Section 1776, Contractor shall keep acc urate payroll records which are either on
forms provided by the Divis ion of Labor Standards Enforcement or which contain 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 seq ., and 1770 ,
et seq ., as well as California Code of Regulations , Title 8, Section 1600, et seq .,
("Preva iling Wage Laws "), which require the payment of prevail ing wage rates and the
performance of other requirements on "Public Works " and "Maintenance" projects . If
the Services are being performed as part of an applicable "Public Works" or
"Maintenance " project, as defined by the Prevail ing Wage Laws , and if the total
compensation is $1 ,000 or more, Contractor agrees to fully comply with such Preva ili ng
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 , classification 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 any location where
the Services are performed .
3.7 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and it shall not discriminate 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 s hall
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 comp ly
with all of the provisions of the Federal Immigration and Nationality Act , 8 U .S.C . §§
1101 , et seq ., as amended , and in connection therewith , shall not employ unauthorized
aliens as defined therein .
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SECTION 4. INDEMNIFICATION
4 .1 Indemnity . Except as to the sole negligence , active negligence, gross
negligence or willful misconduct of City, Contractor expressly agrees to , and shall ,
indemnify , defend , release , and hold City, and its respective officials , officers ,
employees , agents , and co nt ractors harmless from and aga i nst any Action , liab ility ,
loss , damage, entry, judgment, order , lien , and Costs and Expenses which arises out of,
or are in any way related to , any act or om ission of Contractor, or its officers , di rectors ,
employees , agents , or contractors , connected w it h the performance or fa i lure to perform
under this Agreement , notwithstanding that C ity may have benefited therefrom , or any
challenge to this Agreemen t. Th is Section shall apply to any acts or om issions , w illful
misconduct or negligent co nduct, whether active or passive , on t he part of Co ntra cto r's
officers , directors , employees , agents and contractors, including but not limited to acts
or omiss ions in any way re lated to , the release , treatment, use , generat ion ,
transportation , storage, o r d isposal in , on , unde r, to , or from the location at w h ic h wo rk
under this Agreement is performed of any Hazardous Substances by Contractor or its
officers , directors , employees , agents , and subcontractors . The Parties expressly ag ree
that any payment, or Costs and Ex penses City incurs or ma ke s to , or on be half of, an
injured employee under City's workers ' compensation or other insurance , is included
as a loss or Costs and Expenses for the purpose of this Section . City shall not be
respons ible for any acts , erro rs or omissions of any person or entity except City and its
officers , agents , servants , employees or contractors . The Parties e xpressly agree that
the obligations of Contractor unde r this Section shall survive the expiration o r 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), proceed ing or hearing (wh ether
admin istrative or judicial), arb itration or mediation (whether voluntary, court -ordered ,
binding , or non-binding), or other alternative d ispute resolution process , and the f iling ,
recording , o r service of any process , notice , c laim , demand , lien , or other i nstrument
which is a prerequisite or prelude to commencement of the Action .
4 .3 Costs and Expenses . For pu rposes of t his Agreement , "Costs and
Expenses" shall mean all costs and e xpenses , to the extent reasonable i n amount,
actually and necessarily incurred by a Party i n good faith in the investigation ,
prosecution o r defense of an A cti on , including , but not lim ited to , court costs , f i ling ,
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 expense s , deposition and t ranscript costs , and any oth e r costs or
expenses , the award of which a court of competent jurisdiction may determine to be just
and reasonable .
4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous
Substances " shall mean any and all of the following :
a . any substance, product , waste or other material of any
nature whatsoever which is or becomes listed , regulated , or for wh ich liability a ri ses for
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misuse , pursuant to the Comprehensive Environmental Response Compensation and
Liability Act ("CERC LA "), 42 U .S .C. §9601 , et seq .; the Hazardous Materials
Transportation Act, 49 U .S .C. §1801 , et seq.; the Resource 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, et
seq.; the Safe D ri nking Water Act, 42 U.S.C . §300f, et seq.; the Solid Waste Disposal
Act, 42 U.S .C . §6901 , et 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. §11 001 , et seq.; the Occupational Safety and Health Act, 29 U.S. C. §§655 and
657 ; the Hazardous Waste Control Act, California Hea lth and Safety Code ("H.&S .C .")
§25100 , et seq.; the Hazardous Substance Account Act, H.&S .C .§25330 , et seq.; the
California Safe Drinking Water and Toxic 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
nature whatsoever which is or becomes listed , regulated , or for which liability for misuse
arises pursuant to any other federal , state or local statute , law, ordinance , resolut ion ,
code , rule , regulation , order or decree due to its hazardous, toxic or dangerous nature .
SECTION 5. RECORDS AND DOCUMENTS
5 .1 Accounting Records .
5 .1.1 Maintenance and Inspe ction. Contractor shall maintain complete
and accurate records with respect to all expenses incurred under this Agreement. Any
and all such documents or records shall be mainta ined in accordance with generally
accepted accounting principles and shall be sufficiently comp lete and detailed so as to
permit an accurate evaluation of the Services prov ided 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.
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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 i n the course of providing
the Services shall become the sole property of City and may be used , reused or
otherwise disposed of by the City without the permission of the Contractor. Upon
comp letion , expiration or term i nation of this Agreement , Contractor shall turn over to
City a ll s uch origi nal m aps, models, designs , drawings, photographs, stud ies, surveys ,
repo rts , data , notes, computer f iles , files and other docu ments
SECTION 6 . INSURANCE
6 .1 Maintenance of Insura nce . Prior to the beginn in g of and throughout the
term of this Agreeme nt Contractor will maintain insurance in conformance with
requirements established by City for the type of Services being performed . Contractor
acknowledges that prior to the Effective Date of this Agreement, City provided to
Contractor the app l icab le insurance req u irements , a copy of which are attached hereto
as Exhibit "F" [Insurance]. Contractor acknowledges that the insurance coverage and
policy limits provided by City constitute the minimum amount of coverage required . Any
insu rance proceeds i n excess of the li m its and coverage requ i red i n this Agreement and
which are applicab le t o a given loss , wi ll be available to the City .
6.2 Subcontractors Insurance . Contractor agrees to ensure that
subco ntractors , a nd any other party i nvolved in the performance of the Services by
Contractor, provide t he same minimum insurance coverage required of Contractor.
Con t ractor 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 re quest, all agreements with
subcontractors and othe rs engaged in the project will be submitted to City for review.
6 .3 Modification of In s ura nce Provisi o ns . The City Manager may make
reasonable amendments to the insurance requirements of this section , with the written
concu rrence of the Finance Director or Risk Manager, in accordance with Section 9 .19
[Administration and Imp lementation] after considering the Scope of Serv ices , potenti al
liabilities, and the requ ired level of insu rance to adequately protect the City .
S ECTION 7. BONDS
7 .1 Performance and Payment Bonds . If required by law or specifically
required by City as set forth in Exhibit "E " [Bonds Required], attached hereto and
incorporated herein by reference , Contractor shall execute and provide to City
concurrently with Contractor's execution of this Agreement, but in no event later than
the Effective Date of this Agreement, a Performance Bond and /or a Payment Bond in
the amount of the total , not-to-exceed compensation indicated in Exhib it C , and in a
form provided or approved by the City .
7 .2 Bond Provisions . Shou ld , in City's sole op1n1on , any bond become
insufficient or any s u rety be found to be unsatisfactory , Contractor shall renew or
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replace the affected bo nd within 10 days of receiving notice from City. In the event the
surety or Contractor intends to reduce or cancel any requ i red bond , at least thirty (30)
days prior written notice shall be given to the City , and Contractor shall post acceptable
replacement bonds at least ten (1 0) days prior to expiration of the original bonds . No
further payments shall be deemed due or will be made under th is Agreement until any
replacement bonds required by this section are accepted by the City . To the extent, if
any , that the total co mpensation i s increased in accordance w ith the Agreement, the
Contractor shall , wi thout further notice from City, cause the amount of the bonds to be
increased accordingly and shal l promptly delive r satisfactory evidence of such increase
to the City . To the exte nt available , the bonds shall further provide that no change or
alteration of the Agreement (in cluding , without li mitation , an increase in the total
compensation , as referred to above ), extens ions of time , or mod ifi c ations of the time ,
te rms, or conditio ns of payment to the Contractor , will release the surety.
7 .3 Surety Qualifications . Only bonds executed by an adm itted surety
insurer , as defined in Code of Civil Procedure Se ctio n 995 .120 , shall be accepted . The
surety must be a California-adm itted surety w ith a current A.M . Best's rating no less
than A:VIII and satisfactory to the City. If a Californ ia-admitted surety insurer issu i ng
bonds does not meet th ese requ irements, th e insurer will be considered qualified if it is
in conformance with Section 995 .660 of the California Code of Civil Procedu re , and
proof of such is provided to the City .
SECTION 8 . TERMINATION .
8.1 Termination by City . City may, by written notice to Contractor, terminate
with or w ithout ca use , and without any prior notice of default or right to cure by
Contractor , the whole or any part of this Agreement at any tim e and by giving written
notice to Contractor of such termination, and specifying the effective date thereo f , at
least th irty (30) days before th e effe ctive date of such termination . Upon termination ,
Contracto r shall be compensated only for those non-disputed Services that have been
adequa tely rendered to City , and Contractor shall be entitled to no further
compensat ion .
8.2 Termination by Contractor. Contractor may , by written notice to City ,
terminate th is Agreement based upon City's failure to time ly cu re a default under this
Agreement as provided here in . At lea st forty-five (45 ) days prior to term in ation ,
Contractor shall provide City with a written notice specifying City's a ll eged default and
providing City with a forty-f ive (45 ) day period to cu re the default. Should City timely
cure such default, the Agreement shall continue . Should C ity fa i l to timely or adequately
cu re such default, Contractor may terminate th is Ag re ement by issu an ce of written
notice to City .
SECTION 9 . GENERAL PROVISIONS
9.1 Assignment or Transfer . Contractor shall not assign , hypothe cate , or
transfe r, either directly or by operat io n of law, this Agreement or any interest herein
w ithout the prior written consent of the City . Any attempt to do so shall be null and void ,
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and any assignees , hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment , hypothecation or transfer.
9.2 Loss and Damage . Contractor shall be respons ible for all loss and
damage which may arise out of the nature of the Services agreed to herein , or from the
action of the e lements, or from any unforeseen difficulties whi c h may arise or be
encountered in the prosecution of the Services until the same is fully completed and
accepted by City.
9.3 Liquidated Damages. The Parties agree that City has a legitimate
interest in ensuring that Contractor provides the Services (including performance of all
duties and responsibilities ) req ui red under th is Agreement in a consistent and reliable
manner, and that Contractor's failure to timely provide such Services or to provide them
in an inadequate manner will cause City to suffer damages and that it is , and will be ,
impractical and extremely d iffic ult to ascerta in and determine the exact amount of
damages or to calculate actual damages. Therefore , in addition to City's right to treat
such non-performance as a material breach of, and to terminate , this Agreement, the
Parties agree that liquidated damages , as p rov ided herein , represent a rea sonable
estimate of the monetary damages that reasonably could be anticipated and that proof
of actual damages would be costly or impractica l. The Parties specifically confirm the
accuracy of the statements made above and the fact that each Party has had ample
opportunity to consult with legal counsel and obtain an explanation of the liquidated
damage prov isions at the time that the Agreement was made. Therefore , in lieu of
actual damages , Contractor is subject to payment of $500 per fa ilure to perform , per
day. City may, at its election . deduct any assessed liquidated damages from payment
due, or that will become due , to Contractor from City .
9.4 Excusable Delays . Contractor shall not be liable for damages , including
liqu idated damages , if any, caused by delay in performance of failure to perform due to
causes beyo nd the contro l of Contractor. Su c h causes include , but are not lim ited 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 t his Agreement shall be equ itably adjusted for any
delays due to such causes .
9.5 Cooperation; Further Acts. The Parties shall fully cooperate w it h one
another , and shall take any additional acts or sign any add itional documents as may be
necessary , appropriate or conven ient to attain the purposes of the Agreement.
9.6 Governing Law. This Agreement shall be interpreted , construed and
governed according to the laws of the State of California . In the event of l itigation
between the Parties , venue in state trial courts sha l l lie exclusive ly in the Cou nty of Los
Angeles . In the event of litigation in a U.S . District Court , venue shall lie exclusively in
the Central District of Califo rni a , located in Los Angeles , California .
9.7 Integration. This Agreement, including the attached Exhibits "A " through
"F", is the entire , complete , fina l and exclusive expression of the Parties with respect to
9
the matters addressed therein and supersedes all other agreements or understandings,
whether oral or written , or entered into between Contractor and C ity prior to the
execution of this Agreement. No statements , representations or other agreements ,
whether oral or written , made by any party which are not embodied herein shall be valid
and bind ing .
9 .8 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
unenforceab le , the remaining provisions of this Agreement shall not be affected thereby
and the Agreement shall be read and construed without the invalid, void or
unenforceable provision(s).
9.9 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 Contracto r, to solicit or secure th is Agreement. Further, Contractor
warrants that it has not paid nor has 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.
9.10 Amendments. No amendment to or modification of this Agreement shall
be valid unless made in writing and approved by Contractor and City . The City
Manager shall have the authority to approve any amendment to this Agreement if the
total compensation under this Agreement, as amended , would not exceed the City
Manager's contracting authority under the Temple City Municipal Code . All other
amendments shall be approved by the City Council. The Parties agree that the
requirement for amendments or modifications to be in writing cannot be waived and that
any attempted waiver shall be void .
9.11 No Third Party Beneficiaries . There are no intended third party
beneficiaries of any right or obligation assumed by the Parties .
9.12 Delivery Of Notices . All notices required or permitted to be given under
this Agreement shall 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 addressed to the party at its applicable address . Actual notice
shall be deemed adequate notice on the date actual notice occurred , regardless of the
method of serv ice .
9.13 Binding Effect. This Agreement shall be binding upon the he irs ,
executors , administrators , successors and assigns of the Parties .
9.14 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 term , cond ition , or
covenant. Waiver by any Party or any breach of the provisions of this Agreement shall
10
not constitute a waiver of any other provision , nor a waiver of any subsequent b reach or
violation of any provision of t h is Agreement. Acceptance by City of any Servi ces by
Contractor sha l l not constitute a waiver of any of the provisions of this Agreement.
9 .15 Attorneys Fees , Costs and Expenses . In the event litigat ion or other
proceeding is required to enforce or in terpret 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 and Costs and Ex penses , in addition to any other relief to
which it may be entitled .
9 .16 Subcontracting . Contractor shal l not subcontract any portion of the
Services , ex cept as exp re ssl y stated he rein , w ithout prior written approva l of City .
Subcontracts , if any , shall contain a provis ion making them subject to all p rovisions of
this Agreement.
9.17 Counterparts . Th is Agreement may be signed in counterparts , each of
which shal l constitute an o ri gina l.
9 .18 Authority To Execute. The person or persons executing th is Agreement
on behalf of Contractor represents and warrants that he/she/they has/have the authority
to so execute this Ag reement and to bind Contractor to the performance of its
obligations hereunder.
9 .19 Administration and Implementation. This Agreement shal l be
administered and executed by the City Manager or his or her d esignated representative .
The Ci ty Manager shal l have the authority to issue interpretations and to make
amendments to this Agreement , including amendments that comm it add itional funds ,
consistent with Section 9 .10 [Amendment] and the City Manager's contracting authori t y
under the Temple City Municipal Code .
1 1
IN WITNESS WHEREOF , the Parties hereto have caused this Agreement to be
executed the day and year f irst above written .
CITY OF TEMPLE CITY CONTRACTOR:
Bryan Cook , City Manager (Au thorized Officer)
T itle. ___________ _
ATTEST: Print Name : ________ _
Peggy Kuo , City Clerk
APPROVED AS TO FORM :
Eric S . Vai l, City Attorney
12
EXHIBIT "A"SCOPE OF SERVICES
Contractor shall take full responsibility for all aspects of landscape maintenance ,
irrigation , fertilization, and weed and pest control as generally and m i nimally set forth in
the Request for Quotes dated March 23 , 2015 .
Contractor will furnish all necessary equipment , materials and personnel for the
completion of work in a timely and organized manner.
I. BASIC MAINTENANCE REQUIREMENTS
A. Quality and Standards
Nuisance conditions caused by the Contractor's work shall be avoided .
Contractor shall assign a responsible lead worker as a representative to discuss
work items w ith a C ity representative on a monthly basis , or at intervals to be
determined by the City. The City may deduct and/or w ithhold payment to protect
the City from loss due to one or more of the following reasons:
a . Defective or inadequate work not corrected;
b . Claims filed , or reasonable evidence indicating probable filing cla i ms ;
c . A reasonable doubt that the contract can be completed for the balance
unpaid; and/or
d . Damage that resulted from an incident involving property damage .
B. Qualifications and Licenses
The Contractor shall assign a competent and qualified supervisor to be on the job
site at all times work is being performed .
C. Traffic Controls and Barricades
The Contractor will be responsible for supp ly ing and using all safety equipment
necessary to close or delineate traffic lanes .
II. LANDSCAPE MEDIAN MAINTENANCE REQUIREMENTS
A. Cleanup of Waste and Debris
The Contractor shall ensure that the work area shall be kept safe at all times
durin g any procedure.
All landscape materia l and debris will be cleared and properly disposed of.
Contractor shall ensure the job site is cleaned at the end of each workday before
the work crew leaves , making sure that all curb , gutter and hardscape areas are
free of debris.
Under no circumstances will any landscape material be allowed to enter any
storm drain .
M 0
B. Water Irrigation Systems
Contractor shall maintain and repair all water irrigation systems to assure
adequate and proper operation at all times , including weekly testing and
adjustment of sprinkler heads . The Contractor must repair damaged and/or failed
components of the i rrigation system immediately.
Watering days and duration will be ad j usted to provide adequate mo isture
necessary for the healthy condition of all organic materials .
C. Mowing and Edging
Turf areas shall be mowed and edged w eekly, or as often as necessary to
maintain a height of approximately one -and -a-half inches (1 Y2").
Turf shall be raked or otherwise cleaned to maintain a neat and pleasant
aesthetic at all times.
D. Fertilizing, Weed and Pest Control
All turf areas shall be fertilized twice (2 x) per year with a balanced organic
fertil izer provided by the Contractor.
The Contractor shall remove all weeds from medians , pots , planters and all other
areas specified .
Selective herbicides , provided by Contractor , shall be applied as necessary to
prevent growth of crabgrass and broadleaf weeds . Insecticides , provided by
Contractor, shall be appl ied as necessary to prevent infestation of i nsects that
are hazardous to organic landscape materials . The City shall approve the
selection and application of any pesticide prior to use.
E. Lawn Reseeding
All turf areas shall be over seeded every October with annual rye grass suppl ied
by the Contractor.
F. Plant Replacement
The Contractor shall replace , at their expense , any shrub , turf or other landscape
material that is damaged or dies due to Contractor's negligence . Contractor will
also replace any shrub , turf or other landscape material that is damaged or dies
from reasons other than Contractor's negligence at the City's expense .
G. Trees
Tree ma intenance (e .g . trimming, planting , removal) is not included in this Scope
of Services . However, Contractor shall , during performance of work , inspect trees
for hazards (e .g . infestations , diseases , etc .). Any tree hazard noticed shall be
reported to the City .
N ()
H . Rosemead Boulevard
The Contractor shall perform routine maintenance (e.g . edging , trimm ing,
watering , cleaning) along the median islands , planters , pots and other landscape
materials along Rosemead Boulevard from the north City boundary to south Cit y
boundary at least two (2) times per week, or as specified by the City. Because of
this , Contractor shall distinguish, from other medians , Rosemead Boulevard
pricing and cost in all invoices .
I. Additional Work
a . In the event that the City requires additional work outside the requirements
of these specification s , the Contractor shall perform all work at a
competitive price within the industry.
NOTE: Sections II C-E may be modified or eliminated due to current drought
restrictions in regards to irrigating public street medians. It is understood that
prices/payments will be adjusted to reflect a reduction in services provided.
0 0
EXHIBIT "8" SCHEDULE OF PERFORMANCE
Contractor shall provide services a minimum of twice per week for all medians , islands ,
planters and pots located on Rosemead Blvd . Service for all other areas shall be a
minimum of once per week as identified below and on attached Frequency Schedule .
SERVICE DAYS
Monday 2 man crew-mowing
Tuesday 3 man crew-detailing
Wednesday 3 man crew -detailing
p ()
EXHIBIT "C" COMPENSATION
The C ity shall pay Contractor to perform the services identified in Exhibit "A " and as
more fully described and provided for herein as follows :
Rosemead Blvd median islands , planters , pots ,etc .
3 men , 2 days per week
Median Islands : Baldwin Avenue , Santa Anita Ave nue,
Encin ita Avenue , Las Tunas (Muscatel to Sultana)
Lower Azu sa (Ellis Lane to Agnes)
2 men , one day per week
$4,230/month
$1 ,762.50/month
Total Compensation shall not exceed $71 ,91 0/year; total for 3 years -$215 ,730
Q )
EXHIBIT "0" REPRESENTATIVES
City of Temple City
Parks & Recreation Department
Attn: Cathy Burroughs
9701 Las Tunas Drive
Temple City , California 91780
Fax: (626) 454-3221
Email: cburroughs@templecity.us
CLS Landscape Management, Inc.
Attn : Leslie Lodahl , Office Manager
4711 Schaefer Avenue
Chino CA 91710
Fax: 909-464-1 021
Email : info@clslandscape .com
18
EXHIBIT "E" BONDS REQUIRED
"No Bonds Required"
19
EXHIBIT "F" INSURANCE REQUIREMENTS FOR CITY OF TEMPLE CITY
The City requires a certificate of insurance, including an underwriter's
endorsement, prior to commencement of the Services.
The insurance policies are to include additional endorsements that contain the
following provisions:
1. That the City of T em pl e City and its respective officers and employees are
additional insureds under the policy ;
2. The policies are primary and non -co ntributory to any insurance that may be
carried by City ;
3. The City is entitled to thirty (30) days ' prior written notice (1 0 days for
cancellation due to non-payment of premium ) of cancellation, material reduction ,
or non-renewal of the policy or policies.
4. The in surance shall be carried only by responsible insurance companies that
have rated "A-" and "V" or better by the A.M. Best Key Rating Guide, that are
licensed to do business in the State of California . City will accept i nsurance
provided by non-admitted "surplus lines " carriers only if the carrier is authorized
to do business in the State of California .
Only the following "marked" requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence
basis to protect Contractor and City against liabili ty or claims of liability wh ich may ar ise
out of this order in the amoun t of one million dollars ($1 ,000 ,000) per occurrence and
subject to an annual aggregate of one million dollars ($1 ,000 ,000). There shall be no
endorsement or modification of the CGL limiting the scope of coverage for either
insured vs . additional insured claims or contractual l iability . All defense costs shall be
outside the lim its of the policy .
X Vehicle Liability Insurance: Contracto r shall also procure and shall ma in tain
during the term of this order veh ic le liability insurance in an amount not less than
$1 ,000 ,000 for injuries, including accidental death , to any one person , and subject to the
same minimum for each person , in an amount not less than one mi ll ion dollars
($1 ,000 ,000) for each accident , and property damage insurance in an amount of not
less than one million dollars ($1 ,000 ,000).
X Workers' Compensation Insurance: For all of Contractor's employees who
are subject to this order and to the extent required by appl icab le state or federal law,
Contractor shall keep in full force and effect a Wo rkers ' Compensation policy . That
policy shall provide a min im um of one mill ion dollars ($1 ,000,000) of employers ' liabi lity
20
coverage , and Contractor shall provide an endorsement that the insurer waives the right
of subrogation against the City and its respective elected officials , officers , employees ,
agents and representatives . In the event a claim under the prov isions of the California
Workers ' Compensation Act is filed against City by a bona fide employee of Contractor
participating under this Agreement , Contractor is to defend and indemnify the City from
such claim .
21
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Summary of Bids: Landscape M edian Maintenance Services
FY 2015-16
Firm TOTAL 3 YEARS YEAR 1
Conejo Crest $300,468.00 $97,212.00
Mariposa La nscapes $255,396.00 $82,776.00
Mari na Landscape $259,83 4.64 $83,401.45
CLS Land scape Management 1215,730.00 $71,910.00
Contractor Bids
NOTES
YEAR 2 YEAR 3 Addition a l Notes
Irrigation Tech ($45), I YICl .:)UUIIIIllGII I C 4UIICII ICIIl,:)1
$100,116.00 $103,140.00 R I . L b ($28) p gave MONTHLY prices , ep anttng a or , est
C I A I. ($38) T projects were notable but not ontro pp 1cator , ree . . .
$85,356.00
$86,486.86
$71,910.00
Trimm ing ($48) >HOURLY ~~~~~~~~~-~cope City wants,
Irrigation Tec h (45,46,47),
Spray Tec h (45,46,4 7), Met submital requirements,
$87 •264.00 Foreman (45,46,4 7 ), Lab orer wo rked wj cities, gave
(30,30.75,31.50), Equipment ANNUAL prices, very in -depth
Operator (45,46,4 7 ) >
HO URLY , increases eac h year
work plan
Met s ubmittal requirements,
worked w j cities on larger
scale projects, gave ANNUAL
Irrigation tech (45,5 0 ),
$89•946.33 Foreman (28.50,30.50),
Laborer (22.50,24.50 ) >
prices, 5 beautification HOURLY, increases 2nd year
awards, not very in -depth
IVICl.;:)UUIIIII.lOI I C\..tUIICIIICI Il:::;,1
cheapest proposed ANNUAL
Several, no change indicated fee, no change per year, very $71,910.00
per year in-depth work plan and good
understanding of work t o be
,..., ........ : ..........
IV ICl .;:)UUI llll\.01 I C\..IUII CIIICIIl.:::>1
J. Orozco Enterprises $352,800.00 $1 17 ,600.00 $117,6 00.00 $117,6 00.00 Lab orer (22), Irrigator (40), in-depth wo rk plan, worked
Tree Tr im mer (68) with some cities and public