CC - Item IV.CC-D - Extension Of Agreement (Parkway And Median Landscape Maintenancestaf epor
MEMORANDUM
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION/~
DATE: MAY 9, 2000
RE: EXTENSION OF AGREEMENT - PARKWAY AND MEDIAN LANDSCAPE
MAINTENANCE
Mariposa Horticultural Enterprises, Inc., has maintained the City's Parkways and Medians, since
May 25, 1982. Since that time they have been responsive and their work has been performed
- satisfactorily.-
The Contractor, Mariposa Horticultural Enterprises, Inc. would like to extend the Agreement for
another year without an increase in fees (see attached).
The Contractor was originally responsible for maintaining the landscaping just in the Central
Business District (CBD), Loma to Muscatel. The City has upgraded and extended the
landscaping on Valley Boulevard and has added trees and tree wells on both sides of Valley
Boulevard, City limit to City limit.
The Contractor will maintain the tree wells on both sides of Valley Boulevard, City limit to City
limit for the same-monthly fee as before, S 420.00 per month, even though the area is greater.
RECOMMENDATION:
Based on their past performance, it is recommended that the City Council extend the Agreement
for another year and that the Mayor be authorized to execute the Extension of Agreement. -
Attachments
07-n-b4s/sb
COUNCIL
N1 AY 2 3 2000
ITEM No. C c
M A R I P O S A.
H O R T I C U L T U R A L E N T E R P R I S E S I N C
April 28, 2000
Mike Burbank
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Re: Renewal of Annual Landscape Maintenance Contract
Dear Mr. Burbank:
We are glad to inform you that there will not be an increase to our current landscape maintenance contract
for the coming year. Our contract remains the same for the annual term beginning July 1, 2000 to June 30,
2001. The price for the_new-landscape _on_Valley _Blvd. will remain the same as the. previous price of
S 420.00 per month.
We would like to take this time to thank you for allowing us the opportunity to have served this past year
and we are looking forward to another very successful year.
Sincerely,
Ren Flu.-el
General Manager
15529 ARROW HIGHWAY,.IRWINDALE, CA 91706
CA. LANDSCAPE CONTRACTOR'S LICENSE NO. 592268
TEL. 626 • 960 • 0196 FAX 626 • 960 • 8477
EXHIBIT. "A"
A C R E E I.1 E iN' T
THIS AGREDIENT is made and entered into in duplicate
this 25th day of may 1452, by and betl:ec
CITY OF 32OSE?LEAD, a municipal corporation, (CITY) and Mariposa
- Landscaping (CO\TP.ACTOR) .
WHEPEAS, on May 25, 1902
, the City Council
of the CITY ar:arded to.CO\I'PJ\CTOR,- as the lowest responsbile
bidder, the contract for the work hereinafter described, and in
consideration of paynent therefor,
IT IS AGREED as follo,,%s:
1. OBI.IGATIO\S OF CO\iTPACTOP.
CONTi ACTOR, at CONTRACTOR'S expense, shall furnish all
tools, implciments, methods and processes, facilities, trap.sporta-
tlon, labor and material necessary to perform, in a mood i,!orkman-
like runner, al-i work described herein. Such work shall include.
but =Shall not be limited to, the follo?•:i.ng.maintenance Services:
1.0 Landscaping- of the median strip on Marshall Street from a
point approximately 100 feet rest of Pose;aead Boulevard to hurt
Avenue on the east, anal Rosemead Boulevard from the_frceiray to-
De Adalena Street.
2.0 Landsca-o-n- of the parhl•:ays on both sides OF Valley -'.oulev:.lyd
bL'tt:'een %l::scatel Avenue and Loma Avenue.
3.0 Landscaping of City Hall proper t)' 1:C1L1.11?n UlaP.tS in lni.i:r-
for Of City Hall,-SS3S East Palley L'oulevard.
4.0 Landscaoinu of Countv R;,,Sional Library property at. SS00 Fast
Valley Boulevard. -
j.(11 Landscaplno of Rus' Stl'cet between Walnu= Grove Avc, nue and
San Gabriel Boulevard.
6.0 Landsca.Din, of Garvey roulevard Pnrk-,,:ays.
7.0 Landsca--ino of San Gabriel Boulevard PaYhwa'ys.
S.0 Landscaping of Dinsmoc?'iiouse. -
9.0 Cleani::g of side-i;alks on Garvey.
10-0 Cleani of sidessilks on San G briel Boulevard.
All said work shall be performed to the satisfaction of
the City and shall be in accordance with all other provisions con-
tained in this contract. All work shall conform to the standards
of section 4 hereof, entitled Performance Standards for Specific
?Maintenance Services.
2. COMPENSATION
The City shall pay CONTRACTOR the sum of 3 38,688
per annum for all services described in Section 1 hereof. Payment
shall be in twelve monthly installments on the fifteenth day of
each calendar month. Each payment shall be compensation for work
satisfactorily performed during the preceding month. If CONTRACTOR
fails to perform.any phase of this contract to the satisfaction of
the CITY, his monthly payment, or any portion thereof as determined
by the Director-of--Parks-and-Recreation --wi-ll-be-wit]held--un-t i1
corrective action is taken. The CONTRACTOR shall be notified in
writing five (S) days prior to monthly payment if any amount is to
be withheld.
3. TERMINATION BY CITY
As consideration for payment during the terra hereof, the
CONTRACTOR and the CITY agree that the CITY reserves the right to
cancel, upon ten (10) days written notice, for any reason, any
nine (9) of the ten (10) maintenance services set forth in Section
1, paragraphs 1.0 through 10.0 hereinabove. In the event CITY
exercises its right to cancel this-contract as it relates to any
of the said items, CITY will pay CONTRACTOR at the followintr annual
rate, for each of the remaining services:
For the maintenance of landscaping described in Section
1, paragraph 1.0,
rn-ttcn"Amount Printed Amount
For the maintenanceof landscaping described in Section
paragraph 2.0,
Three hundred fifty dollars $350.00 -
liritter. Amot:nt Printed Amount
For the maintenance of landscaping described in Section
1, paragraph 3.0,
Sour 2026rei dollars $400.00
WTItten Ai.o nll Printed Amount
For the maintenance of Jand;r';:)inn d'.' •
- .1 sCribi'i~ in .?i'C.t o;;
1, paragraph 0,
Four Hundred Dollars $400.00
hrltten Amount Pr1nT.c Atnuuat
For the maintenance of landscaping described in Section
1, paragraph ;,0,
Three hundred twenty five Dollars $325.00
Written A=nO Printed Amount
For the maintenance of landscaping described in Section
1, paragraph 6.0,
Six hundred Dollars $600.00
,
Written Amount Printed Amount
For the maintenance of landscaping.described_in section
1, paragraph 7.0,
Five hundred Dollars $500.00
hrltten Amount printed Amount
For the maintenance of landscaping described._in..-Sec-tion_
-
1, paragraph 8.0,.
One hundred seventy five Dollars_ , $175.00
Hrlt.ten Amount Printed Amount
For the maintenance of landscaping described in Section
l,.uaraaranh 9.n..,.
One hundred seventy four Dollars , $174.00
Kritten Amount Printed Amount -
Fop the maintenance of landscaping described in Section
11 paragraph Z . 0 ,
One hundred fifty Dollars , $150.00 -
Isritten Amount 1'rintec_,umou11t All payments described in this section shall be madw in
the same-manner and upon the same schedule as described in section
hereof.
It is further agreed that the CITY may terminate this
agreement, ln' accordance with section 7 hereof , if the (CONTRACTOR'S
- per ormance becomes unsatisfactory, or may terminate th;.s ,ag r ee
nett, upon thirty (30) days written notice, if C0NTRACTOi; should
become bankrupt or make an assignment for the benefit of creditors,
or if a receiver of other officer should be placed in charge of
CO.\'fR`',C1OR'S office or equipment and not be ref:o\'ed within ten (10)
clays. Cancellation and termination of this contract by the CITY
shall- relieve the CITY from all further obligations to the CON=
TP,-.CT^7
t. i';ii:tUiSi;1:CCE :1?:C:1i::)S i'Oi: SPECIFIC 1;itf\' _ i?...\CE SICES
1'he ma.inte;uincc services dec;eribe:d •in Section 1 hereof
shall include the following specific services, performance of
which shall conform to the standards set forth hereinafter, or as
are set forth in Section 211 of the LANDSCAPE i,1AINTENANCE SPECIFI-
CATIONS.. All such work shall--be to the satisfaction of the CITY.
S. EXTRAORDINARY WORK
Work performed by the CONTRACTOR at the request and prior
approval of the CITY shall be paid for at a reasonable rate for
materials for the following items:
A. Purchase of additional trees and shrubs,
3. Repairs to sprinkler controller or back-flow device, -
C. Replacements or repairs due to wind or storm damage
or other acts of God,
D. Replacements or repairs due to vehicular accidents or
vandalism.
6. PROTECTION OF WORK AND PUBLIC
The CONTRACTOR 'shall take all necessary measures to pro-
tect the work and prevent accidents during any and all phases of
work. He shall provide and maintain all necessary barriers, guards,
watchmen, flare pots, or lamps during maintenance procedures.
The CONTRACTOR will provide at his own expense. all the
advance signing and barricading and also all signs, barricades,
flashers, and other necessary facilities for the protection of the
public within the limits of the maintenance area l;'hile maintenance
activities are proceeding, These precautions are priiaarily for,
but not necessarily limited to, maintenance of the median strips
7. INSPECTION AND MONTHLY REPORTS
Inspection of all work will be made by the Director of
Recreation and Parks or his representative. If the work performed
is not satisfactory, the Dircctor.may suspend the agreement for
any period of-time up to and including the next regular meeting of
the Rosemead City Council, at which time the Rosemead Cit Council
may reinstate or terminate the agreement. No sums shall be due or.
parable to the CONTRACTOR for or during any time of such suspension.
S. INSURANCE
The CONTRACTOR shall furnish the CITY with, and
thereafter .,.aintain in full force and effect until the wort: is
accented by the CITY, a policy or certificate of lizibility insur-
1
ante in which the CITY is the named insured Or is naTcd as an
additional insured with CONTRACTOR, covering all operations or
extra work, work during any extension of the contract time, as
well as work within any extension of the service provided.
The policy shall specifically insure the CITY, its
officers and employees, while acting within the scope of their
duties, against all claims arising out of or in connection with
the work to be performed. Said policy shall not be cancelled until
after thirty (30) days written notice of the same has been mailed
by registered or certified mail to CITY.
Should the policy expire or be cancelled during the
contract time, CONTRACTOR shall, at least ten (10) days prior to
the effective expiration or cancellation date, furnish CITY with
evidence of the renewal or replacement of the policy. Should such
evidence not be filed as herein required, CITY may suspend all-con-
tract work until the required insurance coverage has been obtained.
Said suspension shall not be cause for an extension of the time of
completion provided for in Section 6 hereof. The policy shall pro-
vide the following minimum limits:
Bodily lnjury..._.......$500,000 each person
$500;000 each accident
$500,000 aggregate products
Property Damage; .._....._$100,000 each accident
1250,000 aggregate Operations
0250,000 aggregate protective
$250,000 aggregate products
- ,250,000 aggregate contractual
Automobile Liabilit_-y....$2S0,000 each accident
$250,000 aggregate products
CONTRACTOR small further file a copy of Contractor's
Workers' Compensation Insurance Policy, or certificat thereof,
shooing the required Workers' Compensation Insurance. Such poli-
ties or certificates shall contain-a provision that such insur-
ance small r.ot_ be cancelled or terminated until thirty (30) days
after prior written noticeto CITY. Any such termination during
the terms of this contract shall be grounds for.termination of
this contract by CITY without further liability to CO`-T!',<tCTOR of
an;- nature ,rhatsoever.
9. WORKER'S CONPENSATION.
COXTILACTOR shall maintain adequatc Workers' Compensation
Insurance under the laws of the State of California foT ail labor
1
employed by him or by any subcontractor i:ho come within the
protection of such w'orkers' Compensation Insurance laws. CON-
TRACTOR shall execute a'certificate in substantially the ford set
forth in Item 5. of Section 3C of the LANDSCAPE H AINTE:XANCE
SPECIFICATIONS.
10. FAITHFUL PERFORMANCE BOND
CONTRACTOR shall secure and deliver to the CITY a good
and sufficient surety bond to.be approved by the City Clerk and
the City Attorney, in the amount of contract to secure the full,
true, and faithful performance of all the terms, obligations, and
conditions of the agreement to be kept and performed by CONTRACTOR.
11. HOLD HARMLESS
CONTRACTOR hereby agrees to idemnify and hold harmless
CITY and its officers and employees from any claims, damages, or
expenses, including attorney's fees and court costs, arising out
of CONTRACTOR'S performance under this agreement.
12. WAIVER
Failure of CITY to require performance by CONTRACTOR of
any provision of this agreement shall in no way affect the right
of CITY to enforce the same thereafter. Nor shall the i,,aicer by
CITY of any breach of any provision hereof be taken or held to be
a i•.aiver of any succeeding breach of such provision or as a i;aiver
of the provision itself.
I.= . 1,141tiS TO BE OBSERVED
The CONTRACTOR shall keep himself fully informed of, and
act in compliance with; all existing laws, ordinances, and regula-
tions of the CITY, the State of California, or Federal Gorernment
which in any manner affect those engaged or employed in the work,
or the materials used in the work, or which in any i,,ay affect the
conduct of the work._
14. ASSICN.-M NT OR TRANSFER OF AGREEi?EN'T
The agreement shall not-be assignable or transferable
by CONTRACTOR without the express i:ritten consent of the CITY.
15. NOTICE
Any. notice gi-vcn hereunder shall be deemed to ha,,a been
given when delivered to the City-iManager, Director of Parks and
Recreation of CITY, or to CCi NI R:'ACTOR personally, or 1.heil sent to
said Vartics.by certified mail, posia a prepaid, Utt_Drion the
respective party, and addressed to the parties at the addresses
listed below:
CITY:
CONTRACTOR:
MARIPOSA LANDSCAPING
12403 Woodridge
Whittier, CA
CITY OF ROSEMEAD
SS3S East VAlley Boulevard
Rosemead, CA 91770
Either party may by Written notice to the other, desig-
nate a different address for receipt of notices hereunder.
15. TERM OF CONTRACT (ONE (1) YEAR
The tern of this contract shall be for a period of one
year, commencing on the date of signing, and may be extended uuon
mutual consent of both parties, except that in the event that the
City terminates the contract pursuant to the provisions of Section
hereof, this contract shall be of no legal effect and the City shall
incur no liability to the Contractor therefor.
17. COST OF LIVING ADJUSTMENT
Contractor may be granted a cost of living adjustment at
the time of the commencement of any renewal term hereof, without
the necessity of rebidding, if the City Council determines that:
(i) the service provided by the existing Contractor
are satisfactory and it is the best interests of the City to retain
the present contractor; and
(ii) the contractor proposes to provide the same level
and quality of service a price not to exceed leg above the curren
price.
(iii) - that the contractor, because of increascJ. costs
of labor-and materials, is entitled to a cost of living increase; an
(iv) that there has been no such cost of living adjust-
ment for.the past twelve (12) months.
1S.- EFFECTIVE DATE
This agreement-shall be effective from this`' 25Th ' - _day.
of M." - 1902.
r?; WITNESS P%HEREOF, the parties -hereto have executed this
agreement an the date first above written
..A^IPOSA L_NDSCAPING
CITY OF ROSEMEAD _
A t,hmicipal Corporation
YOR City of Rosemead y
EXHIBIT "B"
LANDSCAPE MAINTENANCE
FEE COMPARISON
PROJECTIMAINTENANCE
1. Landscaping on Marshall & Rosemead Blvd Medians
2. Landscaping on Valley Boulevard (CBD)
3. Landscaping on City Hall -
4. Landscaping on Library
5. Landscaping on Rush
6. Landscaping on Garvey Blvd
7: Landscaping on San Gabriel Boulevard
8. Landscaping on Dinsmoor House
- 9. Cleaning of Garvey Ave.Sidewalks
10. Cleaning of San Gabriel Sidewalks
11. Landscaping on Walnut Grove Slope (East Side)
12. Landscaping on Rosemead Blvd Medians
Monthly Totals
07-n-b2s/sb
EFFECTIVE
JULY 1, 2000
$
181.00
$
420.00.
$
480.00
$
480.00
$
390.00
$
2867.00 - - - - -
$
600.00
$
210.00
$
209.00
$
180.00
$
405.00
$
831.00
$7,253.00
EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT is entered into effective the 1st
day of July, 2000, by and between the CITY OF ROSEMEAD, a municipal corporation (hereinafter "CITY"),
and MARIPOSA HORTICULTURAL ENTERPRISES, INC. (herinafter "CONTRACTOR").
WHEREAS, the parties have executed that certain Agreement dated May 25, 1982, in which
CITY agrees to contract with CONTRACTOR for the performance of certain Parkway and Median
Landscape Maintenance; 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 May, 1982, 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 May 25, 1982; 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 May 25, 1982, is hereby extended for an additional one-year
period to June 30, 2001.
- 2: - - ---This EXTENSION OF AGREEMENT shall be effective as of July 1, 2000; and--- - -
continue in full force and effect until June 30, 2001.
3. Paragraph 1 of the original Agreement, item 2.0, is to read as follows: Maintain
tree wells only on both sides of Valley Boulevard from City limit to City limit.
4. During the one-year extension of the Agreement, CONTRACTOR'S compensation
shall be limited to the rates and charges set forth in Exhibit "B attached hereto and incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this extension of Agreement on the date set
forth below.
ATTEST:
CITY CLERK
MARIPOSA HORTICULTURAL
ENTERPRISES, INC.
CITY OF ROSEMEAD
A MUNICIPAL CORPORATION
BY:
MAYOR
DATE: