RPVCCA_SR_2010_08_03_04_Bennett_Landscape_Contract_ExtensionCfTYOF
REVIEWED:
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM ~
HONORABLE MAYOR &CITY COUNCIL MEMBE~~
RAY HOLLAND,DIRECTOR OF PUBLIC WOR{f to·
AUGUST 3,2010
APPROVE A ONE-YEAR CONTRACT EXTENSION WITH
BENNETT ENTERPRISES,INC.DBA BENNETT
LANDSCAPE FOR CITY RIGHT-OF-WAY AND MEDIAN
LANDSCAPE MAINTENANCE
CAROLYN LEHR,CITY MANAGER G9-
Project Manager:Emilio Blanco,Maintenance Superintendent Z:V:7.
RECOMMENDATIONS
Approve and execute the First Amendment to the Weed Abatement!Control &
Landscape Maintenance for City Street Rights-of-Way and Medians,which extends the
original contract for the period of August 7,2010 to June 30,2011.
BACKGROUND
The Public Works Department uses contract services to maintain the City's improved
and unimproved public rights-of-way and medians.Services include weed abatement!
control,irrigation repairs,shrub pruning,litter removal,hardscape cleaning,turf mowing
and edging,rodent!pest control,cultivation and mulching and general maintenance.
In June of 2007,the City prepared specifications for maintenance service on both the
improved and unimproved landscape areas,advertised the specifications,and held a
mandatory pre-bid conference.Bids were opened on July 18,2007,and the City
determined that Bennett Enterprises,Inc.dba Bennett Landscape was the lowest
responsible and responsive bidder.The City Council approved the agreement titled
Weed Abatement I Control &Landscape Maintenance for City Street Rights-of-Way
and Medians (the "Original Agreement"),and the Mayor executed it.The Original
Agreement is attached.
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DISCUSSION
The bid documents that were prepared and circulated prior to the award of the Original
Agreement stated that the term was for a period of three (3)years and included an
option to extend for three more one-year terms.Because the Original Agreement will
terminate on August 6,2010,staff contacted Bennett Landscape regarding a one-year
contract extension,to which Bennett Landscape has agreed.
CONCLUSION
The First Amendment to the Weed Abatement!Control &Landscape Maintenance for
City Street Rights-of-Way and Medians extends the Original Agreement for the period
of August 7,2010 to June 30,2011.Staff requests the Council's approval and the
Mayor's execution of this one-year extension.
FISCAL IMPACT
The adopted FY 2010-2011 budget provides adequate funding for the staff
recommendation.The funding source for this contract is the Street Maintenance Non-
Pavement.
ATTACHMENTS
•Exhibit 1:The Original Agreement
•Exhibit 2:The First Amendment to the Weed Abatement!Control &Landscape
Maintenance for City Street Rights-of-Way and Medians
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EXHIBIT 1
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
WEED ABATEMENT I CONTROL &LANDSCAPE MAINTENANCE FOR CITY
STREET RIGHTS-OF-WAY AND MEDIANS
THIS AGREEMENT is made and entered this ].ft-day of Itu'j"s +,200.i,by and between the CITY
OF RANCHO PALOS VERDES,hereinafter referred to as "City",and Bennett Enterprises,Inc.dba
Bennett Landscape,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 Agreement,
including Contractor's Proposal,which is attached;and
WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such responsibility;
NOW,THEREFORE,the parties agree as follows:
I.Scope of Services.City hereby engages Contractor to perform the work and provide the services and
materials for the project identified as:WEED ABATEMENT I CONTROL &LANDSCAPE
MAINTENANCE FOR CITY STREET RIGHTS-OF-WAY AND MEDIANS,as described in the
Plans and Specifications attached hereto and incorporated by this reference,including miscellaneous
appurtenant work.Such work shall be performed in a good and workmanlike manner,under the tenus
as stated herein and in the attached Plans and Specifications,and in accordance with the latest edition
of the document titled "Standard Specifications"published by the Joint Cooperative Committee,
Southern California Chapters ofthe American Public Works Association and the Associated General
Contractors ofAmerica.In the event of any 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 attached Proposal,and in accordance with
the Special Provisions.
3.Independent Contractor.It is understood and agreed by the parties that Contractor is,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.Contractor shall not incur or
have the power to incur any debt,obligation,or liability on behalf of the City.
4.Assignment.This Agreement may not be assigned by Contractor,in whole 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 30-days'
written notice.In the event of termination without fault of Contractor,City shall pay Contractor for all
services rendered prior to date of termination,and such payment shall be in full compensation for all
services rendered hereunder.
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6.Workers'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 certifies as follows:
"l am aware ofthe provisions of Section 3700 ofthe Labor
Code which require every employer to be insured against
liability for workers'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."
7.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 employerpayments 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 ofPublic Works,and copies will be made available to any
interested party on request.The Contractor to whom the contract is awarded,and its subcontractors,
must pay not less than these rates for this area to all workers employed in the execution of this
Agreement.
This Agreement is subject to the provision ofArticle 1.5 (commencing at Section 20 I 04)ofDivision
2,Part 3 ofthe California Public Contract Code regarding the resolution of public works claims ofless
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 litigation is commenced,and for mandatory judicial arbitration upon
the failure to resolve the dispute through mediation.This Agreement incoI]>Orates the provisions of
Article 1.5 as though fully set forth herein.
8.Suit:Recovery ofAttorney Fees and 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 attorney's fees and court costs.
9.A.The initial term of this Agreement is three years from its execution date.Upon the mutual
agreement ofthe parties,this Agreement may be extended for three additional one-year periods.
Any such one-year extensions shall be agreed upon not less than sixty days prior to the expiration
of the then-existing term.
B.The Contractor's Bid price shall be subject to annual adjustments during the initial term ofthis
Agreement and any extension thereof.The first adjustment in the Contractor's bid price shall be
made prior to the thirteenth month after the commencement date.The increased bid price shall
then be payable by the City for the next twelve-month period until the next annual adjustment
date,at which time it will be readjusted in like manner for the next twelve-month period and for
each succeeding twelve-month period thereafter for the term ofthis Agreement and any extension
thereof.The adjustment to the Contractor's bid price shall be based upon the Producer Price
Index for Finished Goods ("PPI'')in the Los Angeles,Long Beach and Anaheim area
(1982=100).The Contractor's bid price shall be multiplied by a fraction having as its numerator
the PPI for the last calendar month prior to the commencement ofthe next succeeding year and
having as its denominator the PPI for the month in which the initial term of this Agreement
commenced.The amount so calculated shall constitute the adjusted Contractor's bid price for
the succeeding twelve-month period.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above
written.
CITY OF RANCHO PALOS VERDES
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EXHIBIT 2
FIRST AMENDMENT TO THE WEED ABATEMENT /CONTROL &LANDSCAPE
MAINTENANCE FOR CITY STREET RIGHTS-OF-WAY AND MEDIANS
WHEREAS,on August 7,2007,the City approved an agreement titled WEED
ABATEMENT /CONTROL &LANDSCAPE MAINTENANCE FOR CITY STREET
RIGHTS-OF-WAY AND MEDIANS (the "Agreement")with Bennett Enterprises,Inc.dba
Bennett Landscape (the "Contractor");
WHEREAS,both section F(3)of the general provisions of the bid documents for the
Agreement and the staff report to the City Council dated August 7,2007 indicate that the term of
the Agreement will be for a period of three (3)years and include an option for the City to extend
the Agreement for three (3)additional one-year periods;
WHEREAS,the term ofthe Agreement was between August 7,2007 and August 6,
2010;and
WHEREAS,the City and the Contractor now wish to extend the Agreement for the first
of three (3)one-year extension periods.
NOW,THEREFORE,for good and valuable consideration,the parties wish to amend and
modify the terms of the Agreement to add the following language:
1.Section lOis hereby added to the Agreement to read as follows:
"Term.The term of the original Agreement was between August 7,2007 and
August 6,2010,with an option to renew for three (3)one-year periods by mutual
written agreement.This first renewal period shall commence on August 7,2010
and shall terminate on August 6,2011,unless sooner terminated pursuant to
Section 5 of the Agreement.Thereafter, the City and the Contractor may renew
the Agreement by mutual written agreement for two (2)more one-year terms."
As modified by this amendment,the Agreement remains in full force and effect and remains
fully binding upon the parties.
IT IS SO AGREED.
Dated:,2010 BENNETT ENTERPRISES,INC.dba BENNETT
LANDSCAPE ("CONSULTANT"):
Signature:_
Printed Name:-------------
Title:_
[signatures continue on next page]
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Signature:_
Printed Name:_
Title:_
Dated:,2010------
ATTEST:
CITY OF RANCHO PALOS VERDES,
A Municipal Corporation ("CITY"):
By:_
Stefan Wolowicz,Mayor
By:_
Carla Morreale,City Clerk
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