Loading...
RPVCCA_SR_2011_05_17_07_One_Year_Contract_ExtsCITY OF REVIEWED: TO: FROM: DATE: SUBJECT: MEMORANDUM H9!J~~BLE MAYOR &CITY COUNCIL MEMBERS ~dY HOLLAND,DIRECTOR OF PUBLIC WORKS May 17,2011 APPROVE A ONE-YEAR CONTRACT EXTENSION WITH MERCHANTS LANDSCAPE FOR ROADSIDE MAINTENANCE SERVICES,A.J.FISTES CORPORATION FOR BUILDING PAINTING,AND PCI FOR PAVEMENT STRIPING CAROLYN LEHR,CITY MANAGER cD-- Project Manager:Emilio Blanco,Maintenance Superintendent ~. RECOMMENDATIONS Approve and execute one year extensions,effective July 1,2011,for the following contracts with: 1)Merchants landscape for Roadside Maintenance Services,First Amendment. 2)A.J.Fistes Corporation for Building Painting Maintenance,Second Amendment. 3)PCI for Pavement Striping Maintenance,Second Amendment. BACKGROUND MERCHANTS LANDSCAPE:On April 29,2008,the City Council awarded a contract to Merchants landscape Services for the City's Roadside Maintenance Services.The contract had an initial term of three years with the possibility of three (3)one year extensions and the original term will expire on June 30,2011. Based on Merchants Landscape satisfactory performance both in terms of quality of work and timely performance,staff recommends that the contract be extended for an additional year as per their Council approved agreement. 7-1 A.J.FISTES CORPORATION:On April 3,2007,the City Council awarded a contract to AJ.Fistes Corporation for the City's building painting projects.The contract had an initial term of three years with the possibility of three (3)one year extensions and the original term expires June 30,2011. Based on AJ.Fistes satisfactory performance both in terms of quality of work and timely performance,staff recommends that the contract be extended for an additional year as per their Council approved agreement. PCI:On April 3,2007,the City awarded a contract to PCI for the City's pavement striping maintenance.The contract had an initial term of three years with the possibility of three (3)one year extensions and the original term will expire on June 30,2011. Based on PCI satisfactory performance both in terms of quality of work and timely performance,staff recommends that the contract be extended for an additional year as per their Council approved agreement. DISCUSSION The bid documents that were prepared and circulated prior to the award of the Original Agreements stated that the term was for a period of three (3)years and included an option to extend for three one-year terms.Because the Original Agreement will terminate on June 30,2011,staff contacted Merchants Landscape,AJ.Fistes Corporation,and PCI regarding a one-year contract extension,to which all contractors have agreed. Extending the contracts for one year will allow time for staff to reevaluate services,and prepare clear and concise updated specifications for fiscal year 2012-2013. CONCLUSION The First Amendment to Merchants landscape for Roadside Maintenance Services, Second Amendment to AJ.Fistes for Building Painting Maintenance and Second Amendment to PCI for Pavement Striping Maintenance extends the Original Agreement for the period of July 1,2011 to June 30,2012.Staff requests the Council's approval and the Mayor's execution of these one-year extensions. FISCAL IMPACT The adopted FY 2011-2012 budget provides adequate funding for the staff recommendation.The funding source for these contracts is Merchants Landscape,and PCI are Street Maintenance Funded and AJ.Fistes,General Fund. ATTACHMENTS •Exhibit 1:The Original Agreements •Exhibit 2:The First Amendment to the Roadside Maintenance Services •Exhibit 3:The Second Amendment to the Building Painting Maintenance •Exhibit 4:The Second Amendment to the Pavement Striping Maintenance 7-2 It CITY OF RANCHO PALOS VERDES CONTRACT FOR: ROADSIDE MAINTENANCE SERVICES THIS AGREEMENT is made and entered this Tuesday of April 29,2008,by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City"and MERCHANTS LANDSCAPE SERVICES INC,hereinafter referred to as "Contractor." WIlNESSETH: WHEREAS,Contractor and Contractor's Surety are providing the bonds attached heretoand incorporated by this reference,and WHEREAS,City desires to contract with Contractor to perform the services detailed in this contract,including the Proposal,and WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such responsibility; NOW,THEREFORE,the parties hereto do agree as follows: 1.Scope ofServices.City hereby employs Contractor to perform the work and provide the services and materials for the project identified as ROADSIDE MAINTENANCE SERVICES,as described in these Plans and Specifications,attached hereto and incorporated herein by this referene,including miscellaneous appurtenant work.Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications,and in accordance with the latest edition of the Joint Cooperative Committee,Southern California Chapters of the American Public Works Association and the Associated General Contractors of America,document entitled "Standard Specifications."In the event ofany conflict between the terms ofthis agreement and any of the above-referenced documents,the terms of this agreement shall be controlling. 2.Compensation In consideration of the services rendered hereunder,Contractor shall be paid according to the prices as submitted on the Bid Sheet ofthe Proposal,attached hereto as a part ofthese Plans and Specifications and in accordance with the Special Provisions. 3.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor i,:;,for the purposes of this Agreement,an independent contractor and not an employee of the City. Accordingly,Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or have the power to incur any debt,ob ligation or liability whatever for or against City. 4.Assignment This agreement may not be assigned by Contractor,in who Ie or in part,without the prior written consent of City. 5.Termination This Agreement may be canceled by City at any time without penalty upon thirty-(30) days'written notice.In the event oftermination without fault ofContractor,City shall pay Contractor for all services rendered prior to date oftermination,and such payment shall be in full satisfaction of all services rendered hereunder. 7-3 ... I "I am awareofthe provisions of Section 3700 ofthe Labor Code which require every employer to be insured against liability for workers'compensation or to under take self- insurance in accordance with the provisions of that code, and I wi II comply with such provisions before commencing the performance of the work of this contract." (I General Rate ofPer Diem Wages.Pursuant to the Labor Code ofthe State ofCalifornia,the Director ofIndustrial Relations has determined the general prevailing rate ofwages and employer payments for health and welfare,vacation,pension and similar purposes applicable to the work to be done.This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request.The Contractor to whom the contract is awarded,and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract. This contract is subject to the provision of Article 1.5 (commencing at Section 20 104)ofDivision 2, Part 3 ofthe California Public Contract Code regarding the resolution of public works claims of less than $375,000.Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor,for the response to such claims by the contracting public agency,for a mandatory meet and confer conference upon the request of the contractor,for mandatory non- binding mediation in the event of litigation is commenced,and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation.This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 8.Suit;Recovery ofAttorney Fees &Costs.Should either party bring any action to protect or enforce its rights hereunder,the prevailing party in such action shall be entitled to recover,in addition to all other relief,its reasonable attorneys fees and court costs. ~~iJ;&r!!mm§.!!fumJllliJ~~California Labor Code Sections 1860 and 3700 provide that every secure the payment of compensation to its employees.In accordance «>;.<vY·Jl.H the provisions ofCalifornia Labor Code Section 1861,the Contractor hereby certifies as follows: IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. By:---"-~---'---'------:f--_':::"-_--- ATIES~~~BY:~:~ City Clerk CONTRACTOR: \'V\e.~C~'5 \.-P\~~&t.A~'6.e=:~\t~S By:~__--=-i9ze1 .....-, M~'b e~~~\.)~e \C),2.00~ Printed Name Date 7-4 ,., ',-<. CITY OF RANCHO PALOS VERDES CONTRACT FOR: FISCAL YEAR FY 2006-2007,2007-2008,2008.2009 Building Painting maintenance contract .riA THIS AGREEMENT is made and entered this ~day of M t It-,2007, by and betwe:the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City",and 8.~3".f 1:5 f-e&.Or¢-,hereinafter referred to as "Contractor". WITNESSETH: WHEREAS.Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this reference,and WHEREAS.City desires to contract with Contractor to perform the services detailed in this contract,including the Proposal,and WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such responsibJlity; NOW.THEREFORE,the parties hereto do agree as follows: 1.Scope of Services.City hereby employs Contractor to perform the work and provide the services and materials for the project identified as:Building Painting (maintenance contract 2006-2007.2007-2008.2008-2009,as described in these Plans and Specifications,attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work.Such work shall be performed in a good and workmanlike manner,under the terms as stated herein and in these Plans and Specifications.and in accordance with the latest edition of the Joint Cooperative Committee,Southern California Chapters of the American Public Works Association and the Associated General Contractors of America,document entitled "Standard Specifications".In the event of any conflict between the terms,of this agreem~nt and any of the above-referenced documents,the terms of this agreement shall be controlling. 2.Term:The Contract shall commence on April 3.2007,and shall continue in full force and effect through and including April 2,2010,unless earlier termination as prOVided in the section 6 herein.This contract may be extended for up to three (3)additional one- year terms by mutual consent of both parties. 3.Compensation.In consideration ofthe services rendered hereunder.Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions. 7-5 ,. 4.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor is an independent contractor and not an employee of the City. Accordingly,Contractor shall not be deemed the City's employee for any pUrPOse whatsoever.Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against City. 5.Assignment.This agreement may not be assigned by Contractor,in whole or in part, without the prior written consent of City. 6.Termination.This Agreement may be canceled by the City at any time without penalty upon thirty (30)days'written notice.In the event of termination without fault of Contractor,the City shall pay Contractor for all services rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. 7.Worker's Compensation InSUrance.California Labor Code Sections 1860 and 3700 provide that every contractor will be reqUired to secure the payment of compensation to its employees.In accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as fonows: "I am aware of the provisions of Section 3700 of the Labor Code which require every empJoyer to be Insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract.If 8.General Rate of Per Diem Wages.Pursuant to the Labor Code of the State of California,the Director of Industrial Relations has determined the general prevaUing rate of wages and employer payments for health and welfare,vacation,pension and similar purposesappJicable to the work to be done.This rate and scale are on file wnh the Director of Public Works and copies will be made available to any interested party on request.The Con'tractor to whom the contract is awarded,and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract. This contract is subject to the provision of Article 1.5 {commencing at Section 20104) of Division 2,Part 3 of the Cafifornla Public Contract Code regarding the resolution of public works claims of less than $375,000.Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor,for the response to such claims by the contracting public agency,for a mandatory meet and confer conference upon the request of the contractor,for mandatory non-binding mediation in the event of litigation is commenced,and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation.This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 9.Suit:Recovery of Attorney Fees &Costs.Should either party bring any action to protect or enforce its rights hereunder,the prevailing party in such action shall be 7-6 I entitled to recover,in addition to all other relief,its reasonable attorneys fees and court costs. 10.Insurance Requirements.The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force and effect,with an insurance company admitted to do business in California and approved by the City (1)a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $3,000,000.00 combined single limit coverage against any injury,death,loss or damage as a result of wrongful or negligent acts by the Contractor,its officers,employees, agents,and independent contractors in performance of services under this Agreement; {2}property damage insurance with a minimum limit of $1,000,000.00;(3)automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and {4}worker's compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law,whichever is greater.The City,its officers,employees, attorneys,and volunteers shall be named as additional Insured on the policy (les)as to comprehensive general liability.property damage,and worker's compensation coverage's. 1.All insurance policies shall provide that the insurance coverage shall not be non- renewed,canceled,reduced,or otherwise modified (except 1hrough addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty (30)day's prior written notice thereof.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 2.The Contractor agrees that If it does not keep the aforesaid insurance in full force and effect,and such insurance is available at a reasonable cost.the City may take out the necessary Insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such Insurance may be deducted,at the option of the City.from payments due the Contractor. 3.The Contractor shall submit to the City (1)'insurance certificates indicating compliance with the minimum worker's compensation Insuranoe requirements above,and (2)insurance policy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. By:----+--T.~-=:::;.---K..-t-----I---- By:_...,l.,..o:.l<:!::..L.~=-+~;;...u;t,..d...o:lI:q;=---I-_ CONTRACTOR: By:-------"""""":::..-~k__-""'------- 7-7 CITY OF RANCHO PALOS VERDES CONTRACT FOR: FISCAL YEAR FY 2006·2007,2007·2008,2008 ..2009 PavementStriping maintenance contract THIS AGREEMENT is made and entered this 3 day of APR I L ,2007, by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City",and -pCI.,hereinafter referred to as "Contractor", WITNESSETH: WHEREAS,Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this reference,and WHEREAS,City desires to contract with Contractor to perform the services detailed in this contract,including the Proposal,and WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such responsibility; NOW,THEREFORE,the parties hereto do agree as follows: 1.Scope of Services.City hereby employs Contractor to perform the work and provide the services and materials for the project identified as:Pavement Striping (maintenance contract 2006-2007.2007-2008,2008·2009,as described in these Plans and Specifications,attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work.Such work shalf be peJformed in a good and workmanlike manner,under the terms as stated he.rein and in these Plans and Specifications,and in accordance with the latest edition of the Joint Cooperative Committee,Southern California Chapters of the American Public Works Association and the Associated General Contractors of America,document entitled "Standard Specifications",In the event of any conflict between the terms of this agreeme~t and any of the above-referenced documents,the terms of this agreement shall be controlling. 2,Tenn:The Contract shall commence on April 3,2007,and shall continue in full force and effect through and including April 2,2010,unless earlier termination as proVided in the section 6 herein.This contract may be extended for up to three (3)additional one- year terms by mutual consent of both parties. 3.Compensation.In consideration of the services rendered hereunder,Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions. 7-8 " 4.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor is an independent contractor and not an employee of the City. Accordingly,Contractor shall not be deemed the City's employee for any purpose whatsoever.Contractor shall not incur or have the power to incur any debt, obligation or liability whateverfor or against City. 5.Assignment.This agreement may not be assigned by Contractor,in whole or in part, without the prior written consent of City. 6.Termination.This Agreement may be canceled by the City at any time without penalty upon thirty (30)days'written notice.In the event of termination without fault of Contractor,the City shaU pay Contractor for all services rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. 7.Worker1s Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that every contractor will be reqUired to secure the payment of compensation to Its employees.In accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows: '"am aware of the provisions of Section 3700 of the labor Code which require every employer to be insured against liability for worker's compensation or to undertake seff-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract.II 8.General Rate of Per Dlom Wages.Pursuant to the Labor Code of the State of California,the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare,vacation,pension and similar purposes applicable to the work to be done.This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request.The Contractor to whom the contract is awarded,and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract.. This contract is subject to the provision of Article 1.5 (commencing at Section 20104) of Division 2,Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000.Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor,for the response to such claims by the contracting public agency,for a mandatory meet and confer conference upon the request of the contractor,for mandatory non-binding mediation in the event of litigation is commenced,and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation.This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 9.Suit:Recovery of Attorney Fees &Costs.Should either party bring any action to protect or enforce its rights hereunder,the prevailing party in such action shall be .,.:"~. ::>.::;:. -:-. ":', "< 7-9 entitled to recover,in addition to all other relief,its reasonable attorneys fees and court costs. 10.Insurance Requirements.The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force and effect,with an insurance company admitted to do business in Califomla and approved by the City (1)a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $3,000,000.00 combined single limit coverage against any injury,death,loss or damage as a result of wrongful or negligent acts by the Contractor,its officers,employees, agents,and independent contractors in performance of services under this Agreement; (2)property damage insurance with a minimum limit of $1,000,000.00;(3)automotive liability insurance with a minimum combined single limits coverage of $1,000,000.00; and (4)worker's compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law,whichever is greater.The City,its officers,employees, attorneys,and volunteers shall be named as additional insured on the policy (ies)as to comprehensive general liability,property damage,and worker's compensation coverage's. 1.All insurance policies shall provide that the insurance coverage shall not be non- renewed,canceled,reduced,or otherwise modified (except through addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty (30)day's prior written notice thereof.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 2.The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,and such insurance is available at a reasonable cost,the City may take out the necessary Insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 3.The Contractor shall submit to the City (1)insurance certificates Indicating compliance with the minimum worker's compensation insurance requirements above,and (2)insurance policy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY-OF i7~ALOS VERDiJir j By:~---~/I'-k;1' -MaYor ," ATTEST:C ,,/ By:(l~-/~ CitYCle~ CONTRACTOR:pc I. SY:1'->-"(. vJl\l,4yr"\G.Ja.cob-Pres;de n-r 7-10 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND MERCHANTS LANDSCAPE SERVICES,INC. This agreement is the first amendment to the roadside maintenance services agreement between the City of Rancho Palos Verdes ("CITY")and Merchants Landscape Services,Inc.("CONSULTANT"),dated April 29,2008 ("Agreement").This amendment to the Agreement is effective as of May 17,2011 and is being made to extend the term of the Agreement for one year. Section 1.The Agreement incorporates by reference the project's Plans and Specifications,which include the Notice Inviting Sealed Bids.The "TERM OF CONTRACT"provision in the project's Notice Inviting Sealed Bids is hereby amended to read as follows: "TERM OF CONTRACT.The Contract shall commence on May 17,2011,and shall continue in full force and effect through and including May 16,2012,unless earlier terminated as provided in section 5 of the Contract.The Contract may be extended for up to two (2)additional one-year terms by mutual consent of both parties." Section 2.Except as expressly amended by this first amendment to the Agreement,all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY OF RANCHO PALOS VERDES ("CITY") By:_ Mayor ATTEST: By:_ City Clerk MERCHANTS LANDSCAPE SERVICES,INC.j"CONSULTANT") Signature:_ Printed Name:_ Title:_ R6876-0001\1349741v1.doc 7-11 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND A.J.FISTES CORPORATION This agreement is the second amendment to the building painting maintenance agreement between the City of Rancho Palos Verdes ("City")and A.J.Fistes Corporation ("Contractor"),dated April 3,2007 ("Agreement").This amendment to Agreement is effective as of May 17,2011 and is being made to extend the term of the Agreement for one year. Section 1.Section 2 of the Agreement is hereby amended to read as follows: 2.Term:The Contract shall commence on May 17,2011,and shall continue in full force and effect through and including May 16,2012,unless earlier terminated as provided in section 6 herein.This Contract may be extended for up to one (1)additional one-year term by mutual consent of both parties. Section 2.Except as expressly amended by this second amendment to Agreement,all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF,City and Contractor have executed this amendment to the Agreement as of the day and year first above written. CITY OF RANCHO PALOS VERDES ("City") By: Mayor ATTEST: By:_ City Clerk A.J.FISTES CORPORATION ("Contractor") Signature:_ Printed Name:_ Title:_ 7-12 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND PCI This agreement is the second amendment to the pavement striping maintenance agreement between the City of Rancho Palos Verdes ("City")and PCI ("Contractor"), dated April 3,2007 ("Agreement").This amendment to Agreement is effective as of May 17,2011 and is being made to extend the term of the Agreement for one year. Section 1.Section 2 of the Agreement is hereby amended to read as follows: 2.Term:The Contract shall commence on May 17,2011,and shall continue in full force and effect through and including May 16,2012,unless earlier terminated as provided in section 6 herein.This Contract may be extended for up to one (1)additional one-year term by mutual consent of both parties. Section 2.Except as expressly amended by this second amendment to Agreement,all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF,City and Contractor have executed this amendment to the Agreement as of the day and year first above written. CITY OF RANCHO PALOS VERDES ("City") By:_ Mayor ATTEST: By:_ City Clerk PCI ("Contractor") Signature:_ Printed Name:--------- Title:~_ 7-13