CC – Item 4B – Staff Report – Extension of Agreement – Parkway and Median Landscape Maintenance 0•
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MEMORANDUM
TO: FRANK G. TRIPEPI, CITY MANAGER
FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATION
DATE: JULY 16, 1997
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. has not
raised their fees for the past six years. Mariposa is requesting a
five (5%) percent increase this fiscal year (1997/98) . The reasons
for his increase are set forth in his letter (see attached) and
revolve around the general cost of doing business.
Attached for review is a breakdown of Mariposa' s existing and
proposed fees (Exhibit "B") .
RECOMMENDATION:
Based on his past performance, it is recommended that the City
Council extend the Agreement for another year with the requested
price adjustment and that the Mayor be authorized to execute the
Extension of Agreement.
MDB:sb COUNCIL AGENDA
Attachments JUL 2 21997
07-N-B4S
ITEM No. i • C6,13
J
M A R 1 P 0 S A
HORTICULTURAL ENTERPRISES I N C
June 23, 1997
Mr. Michael D. Burbank
Director of Parks and Recreation
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Re: Renewal of Annual Landscape Maintenance Contract
near Michael:
We regret to inform you that we must increase the price of our annual "Landscape Maintenance
Agreement". We have made every attempt to keep our costs down over the past six years, since
our last cost of living increase in 1991. However, the recent increase of the minimum wage from
$4.25 to eventually $5.75 per hour in March of 1998, has created a tremendous burden for us.
We now find it extremely difficult to salvage a profit
The consumer price index for the past six years has increased 13.3 percent.
In addition to the consumer price index, the landfill costs have risen 32% over six years and fuel
and equipment has risen 20% over the six year period.
As a result of this, we are asking for an annual price increase of 5 per cent. This will partially offset
the accumulated cost of living burden, the escalated landfill costs, the hike in fuel rates and the
severe$1.50 per hour increase of the minimum wage rate. Our new contract price will be,
seven thousand two hundred and fifty-three dollars($7,253.00) per month.
We thank you for allowing us the opportunity to have served you this past year and we look
forward to the coming of another very successful year.
Sincerely,
_J.
Terry Noriega PPPPPP
President
� 15529 ARROW HIGHWAY.IRWINDALE.CA 91705
CA.LANDSCAPE CONTRACTOR'S LICENSE NO.59226B
TEL 818 •95H•0'co FAX 818 .960.8477
EXHISI
A C R E Ii M li N T
TINS AGCELblUNT is made and entered into in duulic:: - c
:his 25th da) of_xav __ 1982 , by and hcn.cen
CITY OF ROSEMi:.\D , a municipal corporation , (CITY) and Mariposa_ _-__
_ ._ Landscaping_._._ (CCTNT RAC f0i2) .
WHEREAS _ on May 25, 1932 , the City Council
of the CITY a-,::aded to COVT1ACTO;1 , :is the lowest respon>bilo
bicker , the contract for the work her.:ina iter described , and in
consideration of payment therefor ,
IT IS .AGREED as follows :
1 . OELIGATICSS OF CT' IR-ACTOR
COSTP \CTOR, at CONT 1CfOR ' S e-pense , shall furnish all
tools , implements , methods and processes , facilities , transporta-
tion, labor and material necessary to perform , in a good workman -
.
like canner, all work described herein. Such work shall inOlaae ,
but shall not be limited to , the follo :ing maintenance services :
1 . 0 Landscaping of the median strip on Marshall Street from a
point approciaately 100 feet .:est of Rosemead Boulevard to Harz
Ave:;ue on the cast , and Rosemead Boulceard from the freeway to
De Adalena Street .
= . 0 -Landscaping of the parkways on both sides of Valley Boulevard
between Nuscatel Avenue and Loma Avenue .
3 . 0 Landscaping of City Hall property including plants in inter-
ior of City Hall , 8533 Has: Valley Boulevard.
4 . 0 Landscaping of County :Regional Library property at SS00 East
Valley Boulevard .
een Walnut Grove Avenue and
5 . 0 Lar.dscapsng of Rush Street ben•.
Sea Gabriel Boulevard .
6 . 0 Landscaping of Garvey Loulevard Parkways .
7 .0 Landscaping of San Gabriel Boulevard Parkways .
S . 0 Landscaping of Dinsmoor House .
0 . 0 Cleaning of sidewalks on Garvey.
10 . 0 Cleaning of sidewalks on San Gabriel Boulevard .
A: 1 cild ror;, shall he1; r :n[are:'. to tha sat , . .,_ : i- 1 o '.
the City and shalL he in accordance with all other prnvi ,: ious cwl-
t:,i::uo is this contract . All vork shaLI con '. n: in to the s : :,u'iaidsl
or section 4 iiereol , entitled Performance Standards for Specific
;ai ntenance Services .
2 . CO'r.l^_SSATION
The City shall pay CONTRACTOR the sum of 3 30.488
per Pn:u:n for all services described in Section 1 hereof . Payment
shall be in twelve monthly ins talLner.ts on the fi_`teenth 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 CIT], his monthly payment , or any portion thereof as determined
by the Director of Parks and Recreation , will be 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
be withheld.
3. TEP II_YAf ICV BY CITY
As consideration for payment during the rem hereof, rhe
COSTAL 0:: and the CITY agree chat rile CITY reserves the righr to
cancel , upon ten (10) days 'written notice , for any reason , any
nine (S1 of the ten (10) maintenance services set forth in Section
1 , paragraphs 1 . 0 through 10 . 0 hereinabove . In the even: 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 ,
51an nn
printed Amount
I1ti 1LIC n Amount G
For the maintenance of landscaping described in Section
I , paragraph 2 . 0 , _ ..
Three hundred fifty dollars $350.00 _
Britten Amount Printed Amount
For the maintenance of. landscaping described in Section
t paragraph 3 . 0 ,
$400.00
Four hundred dollars Printed Amount
1lrltten Amount
•
FourHundred Dollars 5400.00
t.,c mainrcn::;l_e of lankac^.pin;; describ.:.: in 5ci. rinn
1 , pa rap ;it
•
Three hundred twenty five Dollars , 5725.00
Ii r litCll :iROLtn : Pr1;:Lcd ,u-fount
For the- maiutcuance of landscaping, described in Secti.en
1 , paragraph G . 0 , ..
Six hundred Dollars 5600.00
Written Amount Printed ,1:.tOUnt
For the maintenance of landscaain,, described in Section
1 , paragraph 7 . 0 ,
Five hundred Dollars - $500.00
It rltren i i ollllt Printed Amount
For the maintenance of landscaping described in 5- :tio-
1 , paragraph 8 . 0 ,
n a Hr-died seventy five Dollars 5175.00
Written ^.moant Printed-77iTcu::t
For thein intcnancc of laadscapin described in Section
1 , pa rarranh 5 .n
One ' undred seventy four Dollars , 5174.00
h ritr:f Auscnt Princed Amount
Fyr rho maintenance ,k ( landscaping described in Section
1 , pat gra_t'h 18 . G ,_ —
One hundred fifty Dollars 5150.00
Primes Amount
... l i i C.^. Amount.
All payments described in this -sepeion shall be made is
the same :^inner 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 tho CO\i-R,\C:TOR' S
performance becomes unsatisfactory , or may terminate this agree_
meat , 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 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-
TRACTOR. •
-- CCS do SLI i „ i, i .. . i . . .
Tac
_ . . : tic ser\' 1CUS , it:: vFr. i . " [5!iall
h11: 112.1;: :111/42lel ln�ia - " ' .
:;hrch shalt codtor:-: to the sta::dards set forth hereinafter , cr ::s
arc s: : forth is Scct inn 29 a the L\SII.S(APE \ I': ! C,\i�.,C;i SPECHH -^
C\TIONS . 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 fur 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 CONTRA\CTOR '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 harriers , guards ,
wa tc!mcn , flare pots , or lamps during maintenance procedures .
1'he COSTRVCTO!: will provide at his own expense all the
advat:ce signing and barricading and also all signs , barricades ,
flashers , and other necessary facilities for the protection of the
public .rithin the limits of the maintenance arca while maintenance_
proceeding. These precautions are primarily for ,
activities arc P
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 satis Cactory , the Director may suspend the agreement for
any period oC 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 •r.,aintain in full force and effect until the work is
accepted by the CITY , a policy or certificate of liability insur-
in i.a .sh the Clll is the in' ors: or s .. . id
additional. in::u:-,d nitii COSH: CToR , coirring
X I ! ,.i. t:: . o'„_ of
cx : :_i co:'1„ `.:o t'!; Jur ! na: ;un!' C`.i :n> iun of t `ic cour r-Ic ;• _ .
Well W0 r'; til h � 'ii :r-ir c .:nasion ni the crrcicr provided .
The policy shall sp__ ifically insure the CITY , its
officers and employees , '::hi lc acting within thy scope of their
duties , against all claims arising out of or in connection with
the work to he pe [ Formed . 5- id policy shall riot ha cancelled until
.a.
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 ti:ae , 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 heroin required . CL'i`. 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
co:nn '.etion provided for in Section 6 hereof . The police shall pro-
vide the fo Ilc'•:ing !al:II :fan Hairs :
lu 5I x7 ,000 each arson
oily injury '�
5500 ,000 c:. a ace id urcnt
S500 ,000 aggregate products
Property n :uage 0100 , 000 each accident
9Z50 , 000 aggregate operatnoes
5150 , 000 aggregate protective
S550 ,000 aggregate products
2S0 , 000 aggregate contractual
Automobile L.iability. . . . S2=0 , 000 each a_cideat
$_50 ,003 aggregate products
CONTRACTOR shall further file a copy of Contractor ' s
Workers ' Compensation Insurance Policy , or certificate thereof ,
showing The required Workers ' Compensation Insura.n.ce . Such poli -
ces or certificates 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 grounds for termination of
this contract by CITY without further liability to CONTRACTOR of
any nature whatsoever.
9 . WORKER' S COiMPENSATION
CONTRACTOR shall maintain adequate ]Corkers ' Core,ensatio!
Insurance under the laws of the State of California for all labor
by hi or tilnj s iLl:.natr:!Lto .. .. .. . .
. pro'.c<: io:', of such 1.., .^.yrs ' Co:.:pc n>;itiun Insurance 1 . :. ; . C
i'. -
shall aveaute .. cet'tific at: in substantiellj
fortis. in Item 3 . ; of Section 3C of the LA .DSC.\IE:
SPECIFICATIONS.
10 . FAITHFUL PEdFORdANCE BOND
CONTRACTOR shall secure and deliver to the CITY a good
and sufficient surety bond to be approved by the City Clark and
the City Attorney , in the amount of contract to secure the full ,
-ti.<t.rue , and faithful performance of all the terms , s ligations , and
conditions of the agreement to be kept and performed by CONTRACTOR..
11 . HOLD FAR}ILESs
CONTRACTOR hereby agrees to id_mn ify and hold harmless
CITY and its officers and employees from any claims , damages , or
expenses , including attorney' s fees and court costs , arts Lug out
of CONTRACTOR' S performance under this agreement .
12 . WAIVER
Failure of CITY to require performance by CONTRACTOR of
any pro-vision of this agreement shall in no way affect the right
of CFI 'S to enforce the same thereafter . Nor shall the waiver by
CITY of any breach of any provision hereof be taken or held ro be
a waiver of any succeeding breach of such provision or as a waiver
of the provision itself.
• 13 . ! AILS TO BE OBSERVED
The CONTRACTOR shall keep himself fully informed of , and
act ill 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
coad.ict of the work.
14 . ASSIGN?;CST 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
r..- r„. r i ', . r: . , a.id :Hi icssai :'n , he p. :. r , _ - •
[ !. .. . .
1i_ , c.1 lo'. .
CI ! 1 : CONTRACTOR:
CITY Y 0i ROSY--;E\;) :1ARIPCSA LV;OSCAPICG
53.I5 East VAI ley F,pul cva rd
122403 Woodridge
Whittier, CA
F.ox c:a.:a<I , CA 91770
Either party may b;: ;, r ittcn notice to the other , desig -
nate a different address for rocoi pt 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 sighing , and may='e extended upon
mutual consent of both parties , except that in the event that the
City terminates the contract pursuant to the provisions of Section
71 ,
hereof, this contract shall be of no legal effect and the, City shall
incur no liability to the Ceatractor therefor.
17 . COST OF LIVING A0C1DSTMENr
Contractor may be granted a cost of living adjustment at
the time of the commancemen: of any renewal terra hereof . without
the necessity of rebidding , if the City Connell determines that :
( i) scr\. tee nravided by the e] i>sin : cuntr:'star
arc satisfactory :u:d it is the liCS1 interests •a ( the Ci _ to rer^ i :t
the present contractor ; and
(ii) the contractor proposes to proviir the sa,.e level
and quality of service at a price not to exceed LOi above the curl-en;
price .
(iii) that the contractor , because of increased 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 .
18 . EFFECTIVE DATE
This agreement shall be effective from this 25th day
of r.a
1982 .
IN WITNESS WHEREOF , the parties hereto have executed this
agreement on the date first above written.
MARIPOSA *LANDSCAPING CITY OF ROSE?LL,\U
A Municipal Corporation
' - �-� R - City of Rosemead
Cont Fac toy
EXHIBIT "B"
LANDSCAPE MAINTENANCE
FEE COMPARISON
EFFECTIVE
PROJECT/MAINTENANCE CURRENT 07-22-97
1. Landscaping on Marshall $ 171. 60 $ 181.00
& Rosemead Blvd Medians
2 . Landscaping on $ 400. 40 $ 420. 00
Valley Boulevard (CBD)
3 . Landscaping on City Hall $ 457. 60 $ 480. 00
4 . Landscaping on Library $ 457 . 60 $ 480. 00
5. Landscaping on Rush $ 371.80 $ 390.00
6. Landscaping on Garvey Blvd $ 2729 . 90 $ 2867 . 00
7 . Landscaping on San Gabriel $ 572. 00 $ 600. 00
Boulevard
8. Landscaping on Dinsmoor $ 200. 20 $ 210. 00
House
9 . Cleaning of Garvey Ave. $ 199. 06 $ 209. 00
Sidewalks
10. Cleaning of San Gabriel $ 171. 60 $ 180. 00
Sidewalks
11. Landscaping on Walnut Grove $ 385. 00 $ 405. 00
Slope (East Side)
12 . Landscaping on Rosemead $ 790. 90 $ 831. 00
Blvd Medians
Monthly Totals $6, 907. 66 $7,253 .00
07-N-B28(26)
EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT is entered into effective the 22nd
day of July, 1997, 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 August 1, 1998.
2 . This EXTENSION OF AGREEMENT shall be effective as of
July 22, 1997 , and continue in full force and effect until August 1, 1998 .
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