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CC - Item IV.CC-B - Renewal Of Agreement- Street Tree Maintenance5 E M 6 l ip , f 1 ' 1 s#af epor MEMORANDUM TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION /� DATE: SEPTEMBER 18, 2000 RE: RENEWAL OF AGREEMENT - STREET TREE MAINTENANCE The City ofRosemead's agreement with Evan's Tree Service for Street Tree Maintenance is scheduled' for renewal. The Contractor has indicated that he would like to continue as the City's Street Tree Contractor for next year without an increase in fees. To date, the Contractor has provided quality service in a timely manner. RECOMMENDATION: It is recommended that the Rosemead City Council approve the Extension of Agreement and authorize its execution by the Mayor. , .JUNC:IL A GEINDA SEP 1 6 2.000 ITEM N met - 8 EXTENSION OF AGREEMENT THIS EXTENSION OF AGREEMENT is entered into effective the I st day of October, 2000, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY "), and JOHN R. ROWLAND dba EVAN'S TREE SERVICE, sole proprietorship, (hereinafter "CONTRACTOR "). WHEREAS, the parties have executed that certain Agreement dated August 22, 1995, in which CITY agrees to contract with CONTRACTOR for the performance of certain tree trimming, maintenance and removal; and WHEREAS, a true and correct copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Agreement of August, 1995, provides for an extension of said Agreement for an additional one year period, and WHEREAS, CONTRACTOR has thus far satisfactorily performed the service set forth in the Agreement dated August 22, 1995, and WHEREAS, CONTRACTOR has offered to perform the services required in the Agreement for another calendar year. NOW THEREFORE, the parties agree: 1. That the Agreement of August 22, 1995, is hereby extended for an additional one -year period to September 30, 2001. This EXTENSION OF AGREEMENT shall be effective as of October 1, 2000, and continue in full force and effect until September 30, 2001. 3. During the one -year extension of the Agreement, CONTRACTOR'S compensation shall be limited to the rates and charges set forth in Exhibit "B" to the August 22, 1995 Agreement. IN WITNESS WHEREOF, the parties have executed this extension-of Agreement on the date set forth below. ATTEST: CITY CLERK JOHN ROWLAND/rlba EVAN'S TREE SERVICE CITY OF ROSEMEAD A MUNICIPAL CORPORATION MAYOR EVANS TREE SERVICE 8479 GARVEY BLVD. ROSEMEAD, CA 91770 CITY OF ROSEMEAD CITY HALL ROSEMEAD,CA ATTENTION:MIKE BURBANK DEAR MR.BURBANK Iwould like to continue the tree work for the city of Rosemead for the yearA.600 toa001 fiscal year without any increase in prices. I sincerely hope this meets your approval. Sincerely,. JOHN ROWLAND ENANS TREE SERVICE. 9 EXHIBIT A . AGREE:jENT This Agreement dated this 22nd day of August, 1995 between the CITY OF ROSEMEAD ( "City ") , a municipal corporation and John R. Rowland, an individual d.b.a. EVANS TREE SERVICE ( "Contractor ") The parties agree as follows: 1. OBLIGATIONS OF CONTRACTOR Contractor, at Contractors e> :pense, shall furnish all tools, implements, methods, processes and -facilities as set forth in Sections 13.0 through 13.4 of the attached specifications, and transportation, labor and material necessary to perform, in a good and worker like manner, all work described herein. work shall include the normal tree maintenance Of all street trees within the City of Rosemead, en=_rcencv service. as set forth hereinafter and accessory services including removal of dead wood, Clean up and traffic control in areas where work is perforned. 2. CO!' The City shall pzy Contractor monthly upon de, - „and as described in Sections 12.0 through 12.2.4 of the specifications all compensatl0n dlle for work performed in the preceding calendar month. The rates for work commencing on or after October 1, 1995 are stated Exhibit "A” attached hereto required, his monthly payment, or any portion thereof as determined by the Director of Parks and Recreation, nay be withheld until corrective action is taken. The Contractor shall be notified in writing and given a reasonable tine to take corrective action. 3. TERMINITION By CITY The CitV may terminate this Agreement, On ten days written notice to Contractor, for any reason, the remaining term of the agreement or any Portion of the services. 4. PERFO? ST ANDARDS - All work shall be performed in accordance with Section 1.0 through 13.4 Of Part 2 of the attached specifications. All work shall be performed in a worker like manner and thereafter, all work areas properly cleaned of debris. S. ru SERVICES Emergencv services shall be performed in accordance with Sections 2.0 through 2.4 of the Fork Schedule and Emergency Services (Part 3C) attached hereto. P11 emergency service shall be performed with the understanoina that the primary ObiigatiOn of the Contractor is to restore the emergency area to a safe and normal Condition which protects the Public from risks to Person Or property. 1 6 • PROTECTION 07 WORK AND PU5LIC The Contractor shall take all necessary measures to protect the work and prevent accidents during any and all phases of work. The contractor shall strictly adhere to all applicable federal and state OSHA reculations. The Contractor shall provide and maintain necessary barriers, guards, watch persons, and warning procedures. lamps during maintenance The Contractor shall provide, at his own expense, all the signing and barricading and also all signs, barricades, flashers, other necessary facilities for the protection of the public within limits of the maintenance areas while maintenance activities are Proceeding. 7. INSPECTION Inspection of all work will be made by the Director Recreation or his r s epresentative- If the work performed is in accordance with the sneciflCatlDns, the City nav to withhold payment exercise or terminate the Agreement. 8. INSLJZ.NCE advance, and th e of Par } :s and not performed its options The Contractor shall Obtain the insurance coverage, listed in Exhibit "B" hereto, with the City of Rosemead, its officers and employees as named enshrouds. The Contractor shall maintain the required insurance coverage in full force and effect tens of this Agreement. 'Said ins during rance certificates Lshall c any renewal ontain provision the insurance coverage shall not be canceled or materiallya altered until the City is given thirty days prior written notice. 9. INDEMNIFICATION Contractor shall indemnify and save harmless City, its officers and employees from and against any and all damages to property or injuries to or death of any person or persons agents of Ci , including property and employees or ty and shall defend, indemnify and save harmless City, its officers, and employees, from and against suits, ac any and all claims, demands, tions, or proceedings of any kind or nature, including, but not by way of limitation, worker's compensation claims, resulting from our arising out of the negligent s or omissions acts, intentional acts, error Of Contractors, its .employees or subcontractors. p . ;,:,. I V ,, R Failure of City to require performance by Contractor of anv Provision of this Agreement shall not affect the right of City to enforce the same thereafter, nor shall the waiver by City of any breach of an Provision hereof be taken or held D cons a Wei _ h Y � anv succeedin^ " - -aCn o such DrDViS1Dn Or as a DI waiver Of the rovi 7 P sion. 9 11. LAWS TO BE OBSERVED The Contractor shall keep himself fully informed of, and act in compliance with all laws, ordinances, statues and regulations of the City State and Federal governments. 12. ASSIGNMENT OR TRANSFER OF AGREEMENT This Agreement shall not be assignable Contractor without the express written consent is specifically defined in Part 1A, Section 7 specifications. or transferable by of the City. "Assignment" of the attached 13. NOTICE Any notice given hereunde delivered personally or when sent Postage prepaid, addressed to the CITY: shall be deemed to have been given when to said parties by certified mail, parties at the addresses listed below: CONTRACTOR: City of Rosemead At n- City Manager 2838 E. Valley Boulevard Rosemead, CA 91770 14. TERM OF CONTTR_nCT John R. Rowland Evans Tree Service 6479 E. Garvev Avenue Rosemead, CA 91770 The term of this Agreement shall be for a peri od of commencing on October 1 � one (1) year year terms, upon the mutual t of bothxparties ,oexcepttthztlinnthel) event the City terminates the Agreement pursuant to the provisions of Section 3 hereof, this Agreement shall be of no 11 legal force and effect and the City 5211 incur 70 liability t0 Contractor therefor. 15. COST O, LIV_NG ADJUSTMENT Prior to the anniversary date of this agreement, Contracto request a one year extension, r may with a cost of living adjustment in accordance with the consumer Price index., All items, 1982 - 84 = 100 (Los Anceles Anaheim- Riverside) from the bzse month (commencing August, 1995 to the fo110 „ ring year's comparison month (August, 1 ) ho::ever ( o S etc provided that any cost of living adjustment does not exceed s% y (five percent n an one (1) year period. The City Council may approve an extension with a cost of living adjustment, without the necessity of rebidding, if the Council determines: 3 (1) The services being provided by the existing Contractor is satisfactory and it is in the best interest of the City to retain the present Contractor; and (2) The Contractor proposes to provide the same level and quality of service at prices not in excess of the cost of living' adjustment provided for herein; and (3) That there has been no cost of living adjustment granted to the Contractor during the previous 12 months. IN WITNESS W*HEREDF, the parties hereto have executed this Agreement on the date first above written. CITY OF ROSEMELD, a Municipal Corporation By: M JOHN R. ROWLAND d.b.a. EVLNS TREE SERVICE By � /� John R. P.owland 4 EXHIBIT "B" RATE SCHEDULE EFFECTIVE 10 /1/2000 CATEGORY 0 " -4" 4 " -12" 12 " -24" 24" -Over TOTAL Cost to Raise: $ 6.35 $ 25.41 $ 31.19 $ 37.80 $ 100.75 Cost to Top: $ 6.35 $ 6.35 $ 6.35 $ 6.35 $ 25.40 Cost to Trim: $ 19.06 $ 57.17 $ 107.99 $ 107.99 $ 292.21 Cost to Remove: $ 19.06 $ 114.35 $ 254.10 $ 254.10 $ 641.61 PALMS 0' -20' 20' -40' 40'- Over Cost to Trim: $ 45.52 $ 63.53 $ 107.99 $ 217.04 Cost to Remove: $ 63.53 $ 127.05 $ 127.05 $ 317.63 TOTAL GROUP CHARGES: $ 1,594.64 EMERGENCY CHARGES Emergency charges shall include all personnel and equipment and any other material used in completing work. A) Minimum service charge shall be at the rate of $ 158.81 for one hour. B) Charges beyond minimum time shall be at the rate of $ 158.81 per hour.