CC – Item 4C – Staff Report – Extension of Agreement – Parkway and Median Landscape Maintenance -
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, staff_report
MEMORANDUM
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION(/Qf�/
I DATE: JUNE 17, 1998
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) .
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 Agreement.
MDB: sb
Attachments COUNCIL AGENDA
07-N-B4S JUN 231998
ITEM No. i �' ---
K
EXHIBIT ^B•
LANDSCAPE MAINTENANCE
FEE COMPARISON
EFFECTIVE
PROJECT/MAINTENANCE JULY 1, 1998
1. Landscaping on Marshall $ 181. 00
& Rosemead Blvd Medians
2 . Landscaping on $ 420. 00
Valley Boulevard (CBD)
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 $ 600. 00
Boulevard
8. Landscaping on Dinsmoor $ 210. 00
House
9. Cleaning of Garvey Ave. $ 209. 00
Sidewalks
10. Cleaning of San Gabriel $ 180. 00
Sidewalks
11. Landscaping on Walnut Grove $ 405. 00
Slope (East Side)
12 . Landscaping on Rosemead $ 831. 00
Blvd Medians
Monthly Totals $7 , 253 . 00
07-N-B2S (26)
M A R 1 P 0 S A
HORTICULTURAL ENTERPRISES INC
April 8, 1998
Mike Burbank
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Dear Mr. Burbank:
We are glad to inform you that there will not be an increase to renew our landscape maintenance
contract for the annual term beginning July 1, 1998 to June 30, 1999.
We would like you to know we appreciate the business you have given us, and we hope to
continue to serve you during the coming year. Thank you for the confidence you have placed in
us.
Sincerely,
Terry Noriega
President
TN/ds
4S} 15529 ARROW HIGHWAY. IRWINDALE, CA 91706
CA.LANDSCAPE CONTRACTOR'S LICENSE NO. 592268
TEL 626 • 960 • 0195 FAX 626 • 960 • 8477
• - - EXHIBIT ".7
Y
:\ G R E Ii !-I G Y T
THIS AGRFEBENF is made and entered iRLO in tiu,iliCatS
:his ?5y day of-_m —_--___ 1982 , by and Yet c
CITY OF 1;7SD;i:AR , a Yat.nicipal corporation , (CITY) and Mariposa
Lands-a-4rg (COC"1I:;1C COM) .
- - Ii11LIPL'AS , on May 25, 1982 , the City Council
of the CITY a;;arded to CONTRACTOR , as the Ini:•cst res1:onsb ilc
bidder, the contract for the work h^_.gins (tent described , and in
• consideration of payment therefor ,
IT IS AGREED as follows : -
1. OBLIGATIONS OF CONTRACTOR •
-
CONTPLCTOR, at CONTRACTOR ' S e.-dense , sha' l furnish all
tools , implement: , 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 inclane:
but shall not he limited to , the follo'cing maintenance services :
1 . 0 Landscaping of the median strip on 1[arshall Street from
point approximately 100 feet ..est of Rosemead ,Boulevard. to Dart
Avenue on th:: cast , and Rosemead Boulevard From the Freeway to
De Ad,.lena Street .
2. 0 -Landscaping of the parkways on both sides, of Vallov Boulevard
bcr een Nu-scatel 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 8800 Hast
Valley Boulevard .
S . 0 Landscaping of Rush St meet between Walnut Grove .Avenue and
$a; Gabriel. Boulevard . -..
6 . 0 Landscaping of Garvey Boulevard Parkways .
7 . 0 Landscaping of San Gabriel Coulcvard Parkways .
8 . 0 Landscaping of Dinsinoer House .
0 . 0 Cleaning of sidewalks on Garvey .
10 . 0 Cleaning of sidewalks on San Gabriel Boulevard .
AN said cork shall he performcn to in sat ! ._ :. i^n u _.
the City and shall he in accordance with all other prnvir. ioas
twined in this contract . All cork shall conform to the s ;:+ir:ards
of section 4 hereof , entitled Performance Standards fur Specific
Maintenance Services .
2 . CONP_YSATION
The City- shall pay CONTRACTOR the sura of 3 78,538
per annum for all services described in Section 1 hereof . Payment
shalt 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 CCNTI:ACTOR shall he notified in
writing five (S) . days prior to monthly payment if any amount is to
be withheld-
3. TEP_`iINA ICN BY CITY
As consideration for payment during the rerr hereof, the
CONT r.i_iOR and the CITY agree that t.Iie CITY reserves the righr ro
cancel , upon ten (10) days written notice , for any reason , any
nine (9) of the ten (10) maintenance services set forth ie Section
1 , paragraphs 1 . 0 through 10 - 0 hereinabove . in the event CITY
eNercises its right to cancel this contract as it relates to .any
of the said items , CITY will pay CONTRACTOR at the following annua
rate , for each of the remaining services :
For the maintenance of landscaping described in Section
1 , aaragraph 1 . 0 ,
rico nn
..� Icrittca' Amount Printed Amount
For the maintenance of landscaping described in Section
1 , paragraph 2 . 0 ,
Three hundred fifty dollars $350.00
li ritten Amount Printed Amount .
For the maintenance of. landscaping described in Section
1 , paragraph 3 . 0 ,
5500.00
?our hundred dollars ' Printed Amount
hrltte❑ Amount
- .' •,. . .'.0 L:.'. t::C^. ::ata': u : I .:a•.� _ ._ . ''
1 , . it
•
• Four F deed Dollars 5400 .00
. _' . -t : _,. A:4:1004 I't'li: C0.
mainin. ndnre of l:lr.,i:'.c::pinj des,: rlhed in Sci.t in❑
1 , paracra' h 6 .
Three hundred twenty five Dollars , 5325.00
Cis ttcn . ' oun_--- .— Prrn L5l A;]uullt
For the maintenance of landscaping described in. Section
1 , paragraph 6 . 0 ,
Six hundred Dollars $600.00
I(7 i.tten ,1 r.o tent Printed Aironat_
For the maintenance of landscaping described in Section
1 , paragraph 7 . 0 ,
Five hundred Dollars • - $500.00
ilritten Amount Printed .1N0unt
For the maintenance of landscaping described in Section
I. , paragraph 8 . 0 ,
one tip‘-died seventy five Dollars 5175.00
IM-Itten Amount Prineed Amount
For the maintenance of landscaping described in Section
onranranh Y n
one hundred sevennv four Dollars , 5175.00
Oil ".aLnt !Nutted A au:a
For the maintenance of landscaping describe'. in S:crion
1 , paragraph IC . G ,
One hundred fifty Dollars p $150.00
'Fri tten Amount Printed Amount
All payments described in this 'section shall be made is
t]:e same manner and upon the sauce schedule as described in Section
2 hereof.
It is further agreed that the CITY may terminate this
agree :ent , in accordance with Section 7 hereof , if the CONTRACTOR' S
performance becomes unsatisfactory , or may terminate this agree-
ment , upon thirty (30) days written notice , if CONTRACTOR should
become bankrupt or make an assignment for the benefit of creditors ,
or if a receiver of other officer should be placed in charge of
CONTE:\CTOR' S office or equipment and not be removed within ten (10)
days _ Cancellation and termination of this contract by the CITY
shall relieve the CITY from all further obligations to the CON-
TiU CTOl. -
IL . .. . a .
The ...'. II:.C[la a'.Ic aCl : :CC$ tel I .� . l�. ... Sr-.. .
C_ , _ _ 1.
shall ine le.:c :he InJ Ii". ia;; c)ceiElr services , u :
,_ Ilcl
vhich sh,::ll eof:Corl:l to the s ::adards se: forth incrotaaffvf , Cr as
arc >_ .. forth i :: Sect inn .J ui the LANDSCAPE iL\ I ::TCN:,`.C;: i::'Ji : I ! !
CATIONS. All such I:ork sh:111 be to the sat isFab L i on oC the CIii -
S . EXTR OitDIY'1RY (CORK
Bork performed by the CONTRACTOR at the request and prior
approval of the CITY shall be paid fur at a reasonable rate for
materials for the following items :
A. Purchase of additional trees and shrubs ,
�Ja Y
. 3. Repairs to sprinkler controller or back-flow device ;
C. Replacements or fepairs due to wind or storm damage
or other acts of God,
D. Replacements or repairs due to vehicular accidents or
vandalism.
6 . PROTECTION OF ICORS 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 r, ill provide at his own expense all the
advance stn and barricading and also all signs , barricades ,
- .ng
flashers , and other necessary facilities for the protection of the
_public within the limits of the maintenance arca while maintenance
activities are 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 oC time np to and including the next regular meeting of
the Rosemead City Council , at which time the Rosemead City Counci:
may reinstate or terminate the agreement . No sums shall be due o•
payable to the CONTRACTOR for or during any time of such suspensi
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
• ❑J.!itio��al insured wicn COSI ACTuR, co'. crih •, .SII , ,w' r:'. '- 00_ cr
cN::'a war* , work ;Inc ei c.Lns lJn of the 'cur
cell as work wilhi;! :Iny e ..:cn•. iun nI the service pen•: lard .
'fi:e policy shall specifically icurc the CITY , its
officers and employees , while acting within the scope of their
duties , against all claims arisin,v out of or in connection with
the work to he performed . Said policy shall not he cancelled t:r.t '
after thirty (50) days written notice of the sane 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 replaccmenr of the policy- Should sue
evidence not be filed as herein require: . CITY may suspend all co;
tract work until the req-Aired insurance coverage has been obtainer
Said suspension shall not be cause for an extension of the time ta.
completion provided for in Section 6 hereof. The policy shall pr:
ride the followdng r.:in :rnam [ Hits :
I:udil, Injuryt e
3500 ,000 e::u! :Ill IUCai
$500 ,000 :t;;"re;.ate products
Pronerty f.r: ge 0100 ,090 each accidoe;
SIS0 , 0(W aggregate ope atio:ts
5250 , 000 aggregate protective
S250 , 61)0 aggrcgJtc protects
;250 , 060 aggregate contractual
Auto:aobiLc Liabil ity . . . . s '_J0 , 000 each a'eOldeat . .
$250 ,000 iaggrcate 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 certiEicates shall contain a provision that such insur-
ance shall not be cancelled or terminated until thirty (30) days
after prior written notice to CITY . Any such termination during
the terms of this contract shall be ground: for termination of
this contract by CITY without further liability to CONTRACTOR of
any nature whatsoever .
9 . WORKER' S COMPENSATION •
CONTRACTOR shall maintain adequate Workers ' Compensat
Insurance under the Laws of the State of California for all lab
or b,. any s I:Lo:f: f:'L til ' f.i. . i . ., .. . i. .
are Litie:', o ; such L ., ,'rCis ' Cu:.ipan?:K inn Lf�u rl::c : .:.. -.. .
LO .
5Aft, ,%a shill execute u certificate in subs :aatial ; v r, . (f: r. , .,al
forth in Item 3 . 5 of Section 3C of the I.A'.L1SCAR. iI:\1:( r: :. �.(
SPECIFICATIONS.
10 . FAITHFUL. PEdFUitNANCE 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 ,
and faithful performance of all the terms , 54h-ligations , and
conditions of the agreement to be kept and performed by CONTRACTOR
11 . HOLD HA!C LESS
CONTRACTOR hereby agrees to idezaify and hold harmless
CITY and its officers and employees from any claims , dama^es , or
e::ucr.sas , including attorney' s fees and court costs , arising out
of CONTRACTOR'S performance under this agreement.
12. l:AIVER .
Failure of CITY to require performance by CONTRACTOR of
any phi:vision of this agreement shall in no way jffect the right
of CI1Y to enforce :no 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 .
• l ; . LABS TO SE OBSERVED
The CONTRACTOR shall keep himself-fully informed of , ani
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 fray affect the
conduct of the work.
14 . ASSICNIIENT 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 her
iwhen •delivered to the City Manager , Director of Parks and
nrcn
Recreation of CITY , or to CONTRACTOR personally , or when sent t
•
•
_ . : L ;;sr: :: , ]a,l :1,1, 'c»:•,1 :'o ill:. linl_t Ca _ . .
C 1 1 1 : CONTRACTOR:
CITY Of RCSL::h\i) MARIPOSA L;.RDSCAPII:G a
SS 3S East V:\1 ley Foul cca rd 12-107 Woodridge
Whittier, CP
Rosemead , CA 91770
Either party may by ar itt_n notice to the other , dosi -
nate a different address for receipt of notices hereunder.
13 . TERN OF CONTRACT (01iE (1) YEAR')
The tern of this contract shall be For a period of one
#year , commencing on the date of signing , and may 'e extended upon
mutual consent of both parties , except that in the eveat that the
City terminates the contract pursuant to the provisions of Section
hereof, this contract shall be of no legal effect and the City shad
incur no liability to the Cctractor therefor.
17 . COST OF LIVING .\0 USTi4E:T
Contractor may be granted a cost of living adjustment at
the time of the commencement of any renewal terra hereof . without
the necessity of rebidding , if the City Council determines that :
( i) the scr.-ice nrovided by the vaTs ' in'a Cuner:lcror
satisfactory and it is the lt.SL .interests >i the Lit'? to rer; i :
tho present contractor ; and
(1.1) the co:irr:.ctor propose:. to provi.ic tl:o s:umc level
and quelite of service at a price not to exceed 109 :doer the curio
price .
(iii) that the contractor , because of increased costs
of labor and materials , is entitled to a cost of living increase ;
(iv) that thele has been no ' such cost of living adjust
:e:lt for the past twelve ( 12) months .
1E . EFFECTIVE DATE
This agreement shall be effective from this 25th
of �.=y 1982 .
IN WITNESS 'WHEREOF , the parties hereto have executed th
agreement on the date first above written.
YAPJ?Csd *L:CSCAPING CITY OF ItOSEMEAI)
A Municipal Corporation
•
c AAAA
h;on[ ractoq ".AOR - City of Roscncad
EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT is entered into effective the 1st
day of July, 1998, 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, 1999 .
2 . This EXTENSION OF AGREEMENT shall be effective as of
July 1, 1998, and continue in full force and effect until June 30, 1999.
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