CC - Item 4A - Staff Report Landscape Maintenance . ' stafp
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MEMORANDUM
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIONDI?
DATE: JUNE 1, 1999 lf/
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 he has been responsive and his 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).
It should be noted that due to the work on Valley Boulevard, the cost for this item has been suspended
(see Exhibit B).
RECOMMENDATION-
Based on his 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 Anreement.
MDB sb/o7-n-bas.doc COUNCIL AGENDA
Attachments JUN 0 81999
ITEM No. �� e�
1
M A R 1 P 0 S A
HORTICULTURAL ENTERPRISES INC
May 18, 1999
Mike Burbank
City of Rosemead
8838 E. Valley Blvd
Rosemead, CA 91770
Dear Mr. Burbank:
Re: Renewal of Annual Landscape Maintenance Contract
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, 1999 to June 30, 2000.
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,
4�"
Ren Flugel
General Manager
RFtt
� 15529 ARROW HIGHWAY,IRWINDA'.E. CA 91706
CA LANDSCAPE CONTRACTOR'S LICENSE NO. 592268
TEL.626 • 960 • 0196 FAX 626 • 950 • 8477
EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT is entered into effective the 1st
day of July, 1999, 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, 2000.
2. This EXTENSION OF AGREEMENT shall be effective as of July 1, 1999, and continue in
full force and effect until June 30, 2000.
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" hereto.
IN WITNESS WHEREOF, the parties have executed this extension of Agreement on the date set
forth below.
ATTEST:
CITY OF ROSEMEAD
A MUNICIPAL CORPORATION
CITY CLERK
BY:
MARIPOSA HORTICULTURAL MAYOR
ENTERPRISES, INC.
DATE:
agreemen.doc
r H
AGREEMENT
THIS AGREEMENT is made and entered into in duplicate
this 25th day of May , 1982 , by and between
CITY OF ROSEMEAD, a municipal corporation , (CITY) and Mariposa
Landscaping , (CONTRACTOR) .
WHEREAS , on Nay 25, 1982 , the City Council
of the CITY awarded to CONTRACTOR , as the lowest responsbilc
bidder , the contract for the work hereinafter described , and in
consideration of payment therefor,
IT IS AGREED as follows :
1 . OBLIGATIONS OF CONTRACTOR
CONTRACTOR, at CONTRACTOR' S expense, shall furnish all
tools , implements , methods and processes , facilities , transporta -
tion , labor and material necessary to perform , in a good workman-
like manner , all work described herein. Such work shall include ,
but shall not be limited to , the following maintenance services :
1. 0 Landscaping of the median strip on Marshall Street from a
point approximately 100 feet west of Rosemead Boulevard to Hart
Avenue on the east , and Rosemead Boulevard from the freeway to
Be Adalena Street .
2 . 0 Landscaping of the parkways en both sides of Valley Louleverd
between Muscatel Avenue and Loma Avenue .
3. 0 Landscaping of City hall property including plants in inter-
ior of City Hall , 8833 East Valley Boulevard .
4 . 0 Landscaping of County Regional library property at. 8:00 East
Valley Boulevard .
5 . 0 Landscaping of Rush Street between Walnut Grove Avenue a:d
San Gabriel Boulevard.
6 . 0 Landscaping of Garvey Boulevard Parkways.
7 . 0 Landscaping of San Gabriel Boulevard Parkways .
8 . 0 Landscaping of Dinsmoor House .
9 . 0 Cleaning of sidewalks on Garvey .
10 . 0 Cleaning of sidewalks on San Gabriel Boulevard .
All said work shall he 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 $ 38,686
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 , will he withheld until
corrective action is taken. The CONTRACTOR shall be notified in
writing five (5) days prior to monthly payment if any amount is to
he withheld.
3 . TERMINATION BY CITY
As consideration for payment during the term 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
nioo (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 following annual
rate , for each of the remaining services :
For the maintenance of landscaping described in Section
1 , paragraph 1 . 0 ,
one h,nares f; f.,, nnn aro __ , 4i sn on
V rntten" Amount Printed Amount
For the maintenance of landscaping described in Section
1 , paragraph 2 . 0 ,
Three hundred fifty dollars $350.00
Written Amount Printed Amount
For the maintenance of. landscaping described in Section
1 , paragraph 3 . 0 ,
Four hundred dollars , $400.00
Written Amount Printed Amount
For the maintenance of 11f,for4pin2, da cuihod In Section
1, paragraph 4 . 0 ,
_=our Hundred Dollars $400.00
Written Amount Printed Amount
For the maintenance of landscaping described in Section
1, paragraph 3 . 0 ,
Three hundred twenty five Dollars , $325.00
Written Amount Printg 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
Written Amount Printed Amount
For the maintenance of landscaping described in Section
1 , paragraph 8 . 0 ,
One_h)mdred seventy five Dollars p $175.00
Written Amount Printed Amount
For the maintenance of landscaping described in Section
1 . uaraaranh 9 . 1t _ .
One hundred seventy four Dollars , $174.00
IV_itten Amount Printed Amount
For the maintenance of landscaping described in Section
1 , paragraph _0 . 0 ,
One hundred fifty Dollars $150.00
Britten Amount Printed Amon
Ali payments described in this section shall be made in
the same manner and upon the same schedule as described in Section
2 hereof.
It is further agreed that the CITY may terminate this
agreement , in accordance with Section 7 hereof , if the COA'TRACTOt' S
performance becomes unsatisfactory, or may terminate this agree-
ment , upon thirty (30) days written notice, if CONTRACTOR 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
CONTRACTOR' S office or equipment and not he removed within ten (ID)
days . Cancellation and termination of this contract by the CITY
shall relieve the CITY from ul1 further obligations to the CON-
TRACTOR.
I . PEMEO1IANCE :ANDAI:DS FOR SPECIFIC GIA`.. ;A\:CF SLRVICtS
The maintenance services described 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 2B of the LANDSCAPE MAINTENANCE SPECIFI-
CATIONS . All such work shall be to the satisfaction of the CITY.
5. 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 ,
B. 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 while maintenance
activities arc proceeding. These precautions are primarily 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 Director 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 City Council
may reinstate or terminate the agreement . No sums shall be due or
payable to the CONTRACTOR for or during any time of such suspension .
S . INSURANCE
The CONTRACTOR shall furnish the CITY with , and
thereafter maintain in full force and effect until the work is
accepted by the CITY , a policy or certificate of liability insur-
once in which the CITY is the named insured or is named 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 (S0) 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 Injury $500 , 000 each person
$500 ,000 each accident
$500 , 000 aggregate products
Property Damage $100 , 000 each accident
$250 ,000 aggregate operations
9250 , 000 aggregate protective
$250 , 000 aggregate products
$256 , 000 aggregate contractual
Automobile Liability 5250 , 000 each accident
$ 250 , 000 aggregate products
CONTRACTOR shall further file a copy of Contractor ' s
Workers ' Compensation Insurance Policy , or certificate thereof ,
showing the required Workers ' Compensation Insurance. Such poli-
cies or certificates shall contain a provision that such insur-
ance shall not be cancelled or terminated until thirty (50) days
after prior written notice to CITY . Any such termination during
the terms of this contract shall be grounds for termination of
this contract by CITY without further liability to CONTRACTOR of
any nature whatsoever .
9 . WORKER' S COiIPENSATION
CONTRACTOR shall maintain adequate Workers ' Compensation
Insurance under the laws of the State of California for all labor
employed by hint or by any subcontractor who may come within the
protection of such Workers ' Compensation Insurance laws . CON-
TRACTOR shall execute a certificate in substantially the form set
forth in Item 3 . 3 of Section 3C of the LANDSCAPE i'IAI,NTENANCE
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 waiver by
CITY of any breach of any provision hereof be taken or held to he
a waiver of any succeeding breach of such provision or as a waiver
of the provision itself.
13 . LAWS TO LE 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 Government
which in any manner affect those engaged or employed in the work ,
or the materials used in the work, or which in any way affect the
conduct of the work .
14 . ASSIGNMENT OR TRANSFER OF AGREEMENT
The agreement shall not be assignable or transferable
by CONTRACTOR without the express written consent of the CITY.
15 . NOTICE
Any notice given hereunder shall be deemed to have been
given when delivered to the City Manager , Director of Parks and
Recreation of CITY , or to CONTRACTOR personally , or when sent to
•
28,
said parties by certified nail. , post:n e prepaid , attention the
respective party , and addressed to the parties at tiie addre8ses
listed below :
CITY : CONTRACTOR:
CITY OF ROSE;,IE.AD MARIPOSA LANDSCAPING
8858 East VAlley Boulevard 12903 Woodridge
Rosemead, CA 91770 Whittier, CA
Either party may by written notice to the other, desig-
nate a different address for receipt of notices hereunder .
13 . TERM OF CONTRACT (ONE (1) YEAR)
The term of this contract shall be for a period of one
year , commencing on the date of signing , and may be extended upon
mutual consent of both parties , except that in the event that the
City terminates the contract pursuant to the provisions of Section 3 ,
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 samo level
and quality of service at a price not to exceed 10% above the current
price .
(iii ) that the contractor, because of increased costs
of labor and materials , is entitled to a cost of living increase; and
(iv) that there has been no such cost of living adjust-
ment for the past twelve (12) months .
18 . EFFECTIVE DATE
This agreement shall be effective from this 25th day
of Nv , 1982.
IN WITiNESS WHEREOF , the parties hereto have executed this
agreement on the date first above written .
MARIPOSA LANDSCAPING CITY OF ROSEMEAD
A Municipal Corporation
"'., INC/Y1 - - y
OContracto . OR - City of :.77,ead
EXHIBIT "B"
LANDSCAPE MAINTENANCE
FEE COMPARISON
EFFECTIVE
PROJECT/MAINTENANCE JULY 1, 1998
1. Landscaping on Marshall & Rosemead Blvd Medians $ 181.00
2. Landscaping on Valley Boulevard (CBD) $ 420.00
3. Landscaping on City Hall $ 480.00
4. Landscaping on Library $ 480.00
5. Landscaping on Rush $ 390.00
6. Landscaping on Garvey Blvd $ 2867.00
7. Landscaping on San Gabriel Boulevard $ 600.00
8. Landscaping on Dinsmoor House $ 210.00
9. Cleaning of Garvey Ave.Sidewalks S 209.00
10. Cleaning of San Gabriel Sidewalks S 180.00
11. Landscaping on Walnut Grove Slope(East Side) S 405.00
12. Landscaping on Rosemead Blvd Medians $ 831.00
Monthly Totals $7,253.00
07-n-b2s.doc