CC - Item 4G - Extension of Mariposa Landscape Maintenance ContractE M •
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ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNC L
FROM: ANDREW C. LAZZARETTO, CITY MANAGER
DATE: JUNE 13, 2006
SUBJECT: EXTENSION OF MARIPOSA LANDSCAPE MAINTENANCE CONTRACT
SUMMARY
The City has retained Mariposa Horticultural Enterprises, Inc. as our maintenance
contractor for parkway and median upkeep since 1982. The current contract is set to
expire on June 30, 2006, and staff has negotiated a one-year extension to the
agreement at the same rate we are currently paying for City Council consideration. In
total, the annual cost of the contract will be around $110,762.
Staff Recommendation
Staff recommends that the City Council authorize the City Manager or his designee to
exercise the contract extension with Mariposa Horticultural Enterprises, Inc. (Attachment
A).
ANALYSIS
Over the past 24 years, Mariposa Horticultural Enterprises, Inc. has provided parkway
and median maintenance services for the City. The current extension to the agreement
will require Mariposa to maintain the following areas within the City:
■ Medians on Marshall and Rosemead Boulevard
■ Landscaping on Valley Boulevard, City Hall and Library
■ Landscaping on Rush, Garvey Boulevard and San Gabriel Boulevard
■ Cleans the sidewalks on Garvey Avenue and San Gabriel
■ Landscaping at the Dinsmoor House and the east side of the parkway on Walnut
Grove and 10 Freeway.
■ Landscaping at the Garvey Recreation Center and the Senior Housing
FINANCIAL REVIEW
Funding has been included in the preliminary 2006-2007 City Budget to fully fund this
item.
1
APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER:
I
•
IJ
City Council Meeting
June 13, 2006
Page 2 of 2
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Michael D. Burbank
Director of Parks and Recreation
Attachment A:
Extension of Agreement
Attachment B:
Landscape Maintenance Fees
Attachment C:
Mariposa Letter
Attachment D:
Initial Contract Agreement
• ATTACHMENT A
EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT is entered into effective the 1311, day of
June, 2006, by and between the CITY OF ROSEMEAD, a municipal corporation
(hereinafter "CITY"), and MARIPOSA HORTICULTURAL ENTERPRISES, INC.
(hereinafter "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 term through June 30, 2007.
2. This EXTENSION OF AGREEMENT shall be effective as of June 30, 2006
and continue in full force and effect until June 30, 2007.
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 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
CITY OF ROSEMEAD
A MUNICIPAL
MARIPOSA HORTICULTURAL CITY MANAGER
ENTERPRISES, INC.
• i
ATTACHMENT B
EXHIBIT "B"
LANDSCAPE MAINTENANCE FEES
MONTHLY
PROTECT/MAINTENANCE FEES
1. Landscaping on Marshall and Rosemead Blvd Medians $ 186.79
2. Landscaping on Valley Boulevard (CBD) $ 433.44
3. Landscaping on City Hall $ 495.36
4.
Landscaping on Library
$
495.36
5.
Landscaping on Rush
$
402.48
6.
Landscaping on Garvey Blvd
$
2958.74
7.
Landscaping on San Gabriel Boulevard
$
619.20
8.
Landscaping on Dinsmoor House
$
216.72
9.
Cleaning of Garvey Ave.Sidewalks
$
215.69
10.
Cleaning of San Gabriel Sidewalks
$
185.76
11.
Landscaping on Walnut Grove Slope (East Side)
$
417.96
12.
Landscaping on Rosemead Blvd Medians
$
857.59
13.
Landscaping of Senior Housing and Recreation Center
$1,442.00
on Garvey Avenue
14. Maintenance of San Gabriel Parkways - Garvey to Hellman 303.00
Monthly Totals $9,230.09
07-n-b2s/sb
FEB 15 2006 13:58 HP LRSERJET 3200
a
M A R 1 P 0 S
H O R T I C U L T U R A L E N T E R P R I S E S
February 15, 2C06
John Scott
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
Phone 626-561).•2303; Fax 626-569-2243
Re: Renewal o C Annual Landscape Maintenance Contract
Dear Mr. Scot::
p.2
ATTACHMENT C
A
I N C
We are glad to nform you that Mariposa Horticultural Enterpuses Inc. will be able to honor our
current landsca--x maintenance contract price for another year. There will not be any price increase
requested for tha annual term beginning July 1, 2006 to June 31], 2007.
We would like io let you know that we appreciate the opportw-ity to provide services to the City and
look forward o another productive year.
Sincerely,
Ren Flugel
General Mara; r
<419
15529 ARROW HIGHWAY, IRWINDALE, ZA 91706
CA. LANDSCAPE CONTRACTOR'S LICEN; = NO. 592268
TEL.626 9 960 •11196 FAX 626 •961 •8477
• ATTACHMENT •
L XIIIBIT "A"
i~
A G R E E H E ,N' T
CITY OF IZOSE'•IEAD, a municipal corporation, (CITY) and Mariposa
Landscaping _ (CO\TI;Acmll) .
101EREAS, on May 25, 1902 the City Council
of the CITY Nharded to CO\TTJICTOI, as the lowest respoaisbile
bidder, the contract for the wort; hereinafter described, and in
consideration of payment therefor,
IT IS AGREED as follows:
1. OBLIGATIONS OF CO\'TRACTOR
CONTRIACTOR, at CONTR:iCTOR'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 manner, all wort; 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 fyom a
point approxim.ately 100 feet a:-est of Rosemead Boulevard to hurt
Avenue on the cast, 'and Rose,m.ead Boulevard from the freeway to
De Adalena Street.
2.C Landscaping of the part. ays can both sides of 4a1Joy i:.:~ulevard
beta:een Muscatel Avenue and Loma Avenue.
3.0 Landscaping of City Hall propert)% includin; plants in inter-
ior of City Hall, 8838 East Palley L'oulevard.
d.0 Landscaping of County Rsgional Library property at SE00 East
Valley Bonlexra.d_
5.0 Landscaping of Rush Street beta.-een :walnut Grove Arenuc and
San Gabriel 3oulcvard.
6.0 Landscaping of Garvey Loulevard Parkways.
7.0 Landsca--ino of San Gabriel Boulevard I'arkw:ays,
8.0 Landscaping of Dinsnoor House.
9.0 Cleaning of sidewalks on Garvey.
10.0 Cleaning of sidewalks on Sun Gabriel Loulcvard.
This
THIS AGREEMENT is made and entered into in duplico,tc
25th day of may 19&2, by and l,et,;ee
F~
All said work shall he performed to tht.• satisfaction of
the City and shall he in accordance with all other previsions con-
tained in this contract. All work shall conform to the s-,anuards
of sectioal 4 hereof, entitled Performance Standards fur Specific
Maintenance Services.
2. COMPENSATION-
The City shall pay CONTRACTOR the sum of j 38,696
per annum for all services described in Section 1 hereof. Payment
shall be in twelve monthly installments on the fifteepth day of
each calendar month. Each payment shall be compensation for work
satisfactorily performed during the preceding month. If CO\TRACTOP
fails to perform any phase of this contract to the satisfaction of
the CITY, his monthly pa)rment, or any portion thereof as determined
by the--Director of Parks and -Recreation;- will -be -withheld until
corrective action is taken. The CaNTRACTOR shall be notified in
.writing five (5) days prior to noathly payment if any amount is to
he withheld.
.i. TERiIINIATION 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
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 following annual
rate, for each of the remaining services:
For the maintenance of landscaping described in Section
1, paragraph 1.0,
n-. hn-.a~oA fifty nnllarc i
h It tan Amount Prlnte !mount
For the maintenance of landscaping described in Section
1, paragraph 2.0,
Three hundred fifty dollars $350.00
o _
Britten Amount Printed Amount
For the maintenance of. landscaping described in Section
1, paragraph 3.0,
=our .",undyed dollars $400.00
Nvitten :Amount _ Prlnte Amount
f
Tor [ IC :uaiOtc:l.lI cCC of
I-I!, pir,.-t d~•scrib! ~
I ti-,
=our Hundred Dollars
$400.00
,ritttii +mount
'rll~ ]ted n;n6tlat
For tine maintenance of
landscaping described
in Section
1,
paragraph ".0,
-
Three hundred twenty five Dqllars
$325.00
Written Amount
Printed Amount
For the maintenance of
landscaping descriled
in Section
1,
paragraph 6.0,
Six hundred Dollars
$600.00
Itritten .mount
Printed Anount.
For the maintenance of
landscaping describes]
in Section
paragraph 7..0
Five hundred Dollars
$500.00
. Written. mount
'riinte- mdunt
For the mdintenance of landscaping described in Section
- 1, paragraph 8.0, -
n, v five Dollars $175.00
riLtea mount Printed Aniount
For the maintenance of landscaping described in Section.
1, uar•apranh 9
One hundred sevent four Dollars , $174.00
_'ltten .mount Tinted Arnaunt
For the maintenance of landscaping described in Section
1, pars.-raph 10.0,
One hundred fifty Dollars $150.00
Written Amount _T'dint oust
All payments described in tilis se=tion shall be m::di is
the same manner and upun the same'schcdule as described in Section
hereof.
It is further agreed that the CITY may tcrininate this
agreement, in accordance with Section 7 hereof, if the CONTRACTOR'S
performance becomes unsatisfactory, or. play terwinate this agree-
meet, upon thirty (30) days written notice, if CONTRACTOR should
became bankrupt or make an assignment for the benefit of creditors,
-or if a receiver of other officer should be placed in charge of
CO:~TRXTOR'S office or equipment and not be rer.,oved rritl:in ten (10)
da%-3. Cancellation and termination of this contract bW the CITY
shall relieve the CITY from all further obligations to the CO\-
T:-\c'ro
lL:.f .S :~~•IA10171 5PF.C.IrI(. HAIXi. 'A.NCE SLl.l 1l 19
The maintenance services dcscribtd - in Section l hcr('uf
shall inclt:.!e the following specific services, performance of
which shall conform to the standards set forth hercinaft^r, or as
are set forth in Section 2JI of the LANDSCAPE ;•L1INTENANCE SPE•CITI-
CAT10\S: All such work shall be to the satisfaction of the CITY.
5. EXTRAORDINARY WORK
Mork 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 mind or storm damage
or other acts of God,
D. Replacements or repairs due to vehicular accidents or
vandalism.
6. PROTECTION OF YORK 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,
t:atclimen, flare pots, or lamps during maintenance procedures.'
The CONTRACTOR will provide at his own expense. 211 the
adjrance signing and barricading and also all signs, barricades,
flashers, and other necessary faciliEies for the protection of the
public within the limits of the maintenance area while maintenance
activities ate proceeding. These precautions are primarily for,
but not necessarily linited to, maintenance of the median strips.
7. INSPECTION AND MONTHLY REPORTS _
Inspectibn 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 ma)' suspend the agreement for
P.n)•.period of time up to and including the neat regular meeting of
the Rosemead Cite 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 tiaie of such suspension.
S. INSURANCE
The CONTRACTOR shall f.iirnish the CITY with, and
thereafter maintain in full force and effect until the wort is
accepted b the CITY, a policy or certificate of liabi.lit% insur.-
f~
:u:ce in r~hiclr the cI'I'Y is thu named insu:cd or is named an
additional insured r:•ith CONTRACTOR, covering all oporat.ions or
extra work, work during'-any extension of the contract. time, as
well as work within and, 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 he 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 worl, 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 minimun Iir:iits:
Bodily Jnjury...........j500,0O0 each person
$500,000 each accident
$500,000 aggregate products
Property Ilamage......... $100,O00 each accident
;250,000 aggregate: operations
$250,000 aggregate prQtective:
$250,000 aggregate products
2$0,000 aggregate contrsctull
Automobile Liability $250,000 each accident
$250,003 aggregate products
CONTRACTOR shall further file a cop), of Contractor's
Workers' Compensation Insurance Policy, or certificate thereof,
showing the required Workers' Compensation Lnsurance. Such pnli-
cies 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 orounds_for termination of
this contract by CITY without further liability to CONITP.ACTOC of
an?' nature :rhatsoever.
9, !':ORKER' S COQ IPENSAT I ON'
CONTRACTOR shall waintain adequatr_ Workers' Co:;:pensation
Insurance under the lairs of the State of California for aII labor
emplul•ed by hiri or by any subcontractor ,rho n:*J;' COJEC• ,:itl,ill tl;c
protection of such h'orkcrs' Compensation Insurance Jaws . CON-
TRACTOR shall execute a`certificate in substantially the form set
forth in Item .3.3 of Section 3C of the LANDSCAPE MAINTL•^1Al,:CE
SPECIFICATIONS.
10. FAITHFUL PEdFORKANCE BOA'D
CONTRACTOR shall secure and deliver to the CITY i 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 2nd performed by COiNTPLACTOR.
11. HOLD HARMLESS
CONTP4CTOR 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 CONT14CTOR'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 %aiver by
C"ITY of any breach of any provision hereof be t'31.en or held to be
a waiver of any succeeding breach of such provision or as a waiver
of the provision itself.
13. LAI"S TO BE OBSERVED
The CONTRACTOR shall keep himself fully informed of, and
act in compliance faith; all existing laws, ordinances, and regula-
tions of the CITY, the State of California, or Federal Goi-ernment
a:hich in any. manner affect those engaged or employed in the work,
o-r the materials used in the work, or which in any way affect the
cone'uct of the work. -
14. ASSIG?g'1,!L•NT OR TRANSFER OF AGREEMENT
The agreement shall not be assignable or transferable
by CONTRACTOR i•:ithout the express written consent of the CITY.
IS. -NOTICE
Any notice given hereunder shall be deemed to have been
given when delivered to the City Manager, Director of Par.l-s and
Recreation of CITY, or to C0:iT1:1CTOR personally, or i:hen sent to
said I,::rt.ics by ccrti r:::il, 1.0 : P:j I,rclj:,ut; ;:rio:: 4k.
respective dart;', and addressed to ILt: parties at, the: ::c .!-:~_•rs
listed belo:r:
CITY:
CITY OF ROSEMEAD
SS33.-East VAlley Boulevard
Posemead, CA 91770 -
CONTRACTOR:
MARIPOSA LA14DSCAPI14G
12403 Woodridge
Whittier. CA
Either party may by written notice to the other, desig-
nate a different address for receipt of notices hereunder.
15. TEEM OF CONTRACT (010' ( I
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.
1.7. COST OF LIVING ADJUSTMENT
Contractor may be granted a cost of living adjustment at
the tine 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 samic level
and quality of service at a price not to exceed 10'ahore the curren
price.
(iii) that the contractor, because of ijicreased 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-
vent for the past ti;elve (12) months.
IE. EFFECTIVE DATE
This agreement shall be effective from this 25th da)
of 13ay , 1932.
IN wiT\ESS 'HEREOF, the parties hereto have executed this
agreement oa the date first abovc written.
MARIPOSA L1tDSCAPING CITY OF ROSEMEAD
A Hunicipal Corporation
(I.3 TI1'11:i01 `--~•f-f~t)n - 1t;' O1 I?G 5l'i;l l: ::d
EXHIBIT ."A"
• ATTACHMENT D
A C R E E MF, N' T
THIS AGREEMENT is made and entered into in duplicate
this 25th day of May 1953, by and bett,ee
- CITY OF ROSEMEAD, a municipal corporation, (CITY) and mariposa
Lar(Iscaldng , (CONTRACTOR) .
WHEREAS, on May 25, 1902 the City Council
of the CITY ai•.arded to CON'7';J1CTO;i, as the lowest responsbile
bidder, the contract for the work hereinafter described, and in
consideration of payment therefor,
IT IS AGREED as follows:
1. OBLIGATIONS OF CUNTRACTOR
CONTRACTOR, at CONTRACTOR'S e:;pe;ise, shall furnish all
tools, implements, methods and processes, facilities, -transporta-
tion, labor and material necessary to perform, in a good.work-,nan-
like manner, all work described herein. Such work shall includes
but shall not be limited to, the follovi.ng maintenance services:
1.0 Landscaping of the median strip on Ilarshall Street from a
point approximately 100 feet ti:est of Rosemead Boulevard to Hart
Avenue on the east,'ar.d Rosemead Boulevard from the freo ay to
De Adalena Street. -
2.C -I,andscap;ng of the parl.ways on both sides of hal*1-2)- i:ou]eit~r.d
bet%een ;Muscatel Avenue and Lon: Avenue.
3.0 Land,c~:ning of City Ball hropcrtl including plants in n%er-
for of City Hall, 8838 East Valley Boulevard.
4.0 Landscaping of County Rcgional Library propc,rty a*. S'.00 Fast
Valley, boulevar d.
5.0 Lar.dscapin-P of Rush Street bett:een Walnut Grove Ai•enue and
San Gabriel. !;oulevarc].
6.0 Landscaping of Garrey roulevard Parkt.ays.
7.0 Lands ca : i no of San Gabriel Poulcvard Parkways.
S.0 Landscaping of Dinsmiao • House.
9.0 Cleani:;z- o£ sidewalks on Garvey.
10.0 Cleanii g of sidcwalks on San Gabriel Boulevard.
•
•
All said work shall he performed to the satisfaction of
the City and shall he in accordance with all other previsions con-
tained in this contract. All work shall conform to the standards
of section a hereof, entitled Performance Standards for Specific
Maintenance Services.
2. COMPENSATION-
The City shall pay CONTRACTOR the sum of $ 3B,608
per annum for all services described in Section 1 hereof. Payment
shall be in twelve monthly installments on the fifteenth clay of
each calendar month. Each payment shall be compensation for work
satisfactorily performed during the preceding month. If CONTRACTO?,
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 j- 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. 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 (0) of the ten (10) maintenance services set 'forth i.n Section
1, paragraphs 1.0 through 10.0 hereinabove. In the event CITY
exercises its right to cancel this contract as it relates to an),
of the said items, CITY will pay CONTRACTOR at the following annual.
rate, for each of the remaining services:
For the maintenance A landscaping described-in Section
1; paragraph 1.0,
n~o i~~~ yror~ ri ~ty flnl 1 arc , si sn on
Written-Amount Prlntad Amount
For the maintenance of landscaping described in Section
1, paragraph 2.0,
Three hundred fifty dollars
Written Amount
$350.00
Prints Amount
For the maintenance of. landscaping described in Section
1, paragraph 3.0,
Four hundred dollars , $900-00
!written Amount- Printed :Amount
or the of dc:~criht cl ir:
1 parzlgrap!t fl,
=our Hundred Dollars
$400.00
Itirit.ten Amount
'rlntcc A,-ii0unt
For the maintenance
of
landscaping described in
Section
t,
paragr:1111, ;.0,
-
Three hundred twenty five Dgllars
$325.00
Written Amount
,
ri;ite Amount
For the maintenance
of
landscapipg described in
Section
paragraph 6.0,
Six hundred Dollars
$600.00
-
Written Amount
TJrinted Amount
Foi• the maintenance
of
landscaping described in
Section.
paragraph 7.0,
_
Five hundred Dollars
$500.00
Written. Amount
Printed Amount
For the mdintenance
of
landscaping described in
Section
paragrap;'i
0.1 hundred seventy five Dollars
$175.00
Written Amount
~'rinte An:ount
For the maintenance of landscaping described in Section.
1, uarapranh 9.~~.
One hundred seventy four Dollars , $174.00
Written Amount 'ring Aviwint
For the ma ip.tcnancc of. .landscaping described in Scct.ion
1, paragraph 10.0,
one hundred fifty Dollars , $150.00
)Written AnOUnt I'rinraiot;nt - -
All payments described in this section shall be ln::d;:
the same manner and upon the sage'schedule as described in Section
Z hereof.
It is further agreed that the CITY may tcrmin;to this
agree;aent, in accordance with Section 7 hereof. if the CONTRACTO:;'S
performance becomes unsatisfactory, or, Ila)' terminate this agree-
mer.t, upon thirty (30) days Written notice-, if CONTRACTOR shot:1d
become bankrupt or make an "Ssignment for the benefit of creditors,
-or if a receiver of other officer should be placed in charge of
CO'M'%-°,CTOR'S office or equipment and not be rer„oved within ter, (IO)
days. Cancellation and termination of this contr,:r.t by the CITY
shall relieve the CITY fi-om all further obligations to the Cn\-
T ~C•f;~ .
A:1V RDS 101' 5PEC11- 1G Iilil\'i_ :AXC ' S"1,'* 1-1C_',';
The maintenance services (I e_;crib,!d - in Section t hercof
shall include the fo11ow1ng specific scr>'ices, perfurmance of
which shall conform to the standards set forth hereinafter, or as
are set forth in Section 21; of the LANDSCAPE MAINTENANCE 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,
B. Repairs to sprinkler controller o-r 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 A'ND 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,
uatchmen, flare pots, or lamps during maintenance procedures.
The CONTIUCTOR 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 are proceeding. These precautions are Pr11i2arlly for,
but not necessarily limited to, maintenance o.f 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 sati-sfactory, the Director may suspend the agreement for
?ny.period of time up to and including the next regmilar 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 CONTRACTOP. for or during any tide of such suspension.
8. IN'SUPUNCi
The CONTRACTOR shall furnish the CITY with, and
thereafter aintain in full force and effect until the wor); is
accepted by the CITY, 3 policy' or certificate of liabillt;- -inSur--
• ~
0 r
once in which the CITY is thu named insured or in namcd as an
additional insured with CONTRACTOR, covering all operations or
extra work, work durigd' any extension of the contract tune, as
well as work within any extension of the service provided.
The policy shall specifi.cally 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 he 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-
vidc the following minimum Iivits:
Bodily Jnjury...........$500,000
$500,000
$500,000
Property Damage $100,000
0250,000
5250,000
$250,000
0250,000
Automobile Liability SM0,000
$250,000
each person
each accident
aggregate products
each accident
aggregate operations
aggregate protective
aggregate products
aggregate contractual
each accident
aggregate products
CONTRACTOR shall further file a copy of Contractor's
11
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- (0) days
after prior written notice to CITE'. 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. hORKE-PIS COi 1PENSATIO\
CONTILACTOR shall maintain ad'equatc Workers' Compensation
Insurance under the laws of the State of California for 111 labor
cmplu)-ed by hire or by any subcontractor ►:ho n;-a,; cn►r.e withi'l i.hu
protection of such Workers' Compensation Insurance 1;►:s. CO\'-
TRACTOR shall execute a•'certificate in substantially the fora, set
fort]' in Item 3.3 of Section 3C of the LANDSCAPE 1<i.AIXTE1k:A;,;CE
SPECIFICATIONS.
10. FAITIIFUL PEt:FORI•LANCE BOND
CO\'TRACTOR 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 CON711,ICTOR.
11. HOLD HARMLESS
CONTPLACTOR hereby agrees to idemnify and hold harmless
CITY and its offioers and employees from any claims, damages, or
expenses, including attorney's fees and court costs-, arising out
of CONTiZACTOR'S performance under this agreement.
12. IVA 11rE R
Failure of CITY to require performance by CONTP_ACTOR of
any provision of this agreement shall in no way affect the right
of CITY to enforce the same thereafter. Nor shall the- i.,aiver by
_ -C-IT)' of any breach of any provision hereof be tax:°n or held to he
a waiver of any succeeding breach of such provision or as a ►•:airer
of the provision itself:
1.3. - L• 1•,'S TO BE OBSERi'ED
T1'e CONTRACTOR shall keep himself full- informed of, and
act in compliance with; all existing laws, ordinances, and regula-
tions of the CITY, the State Of. California, or-Federal Government
':hick in any manner affect those engaged or employed in the work,
os tite materials used in the worK, or which in any way affect the
cop.;'_uct of the work. ~ -
14. ASSIGNoUNIT OR TRANSFER OF AGREEMENT
The agreement shall not be assignable or transferable
by CON'TR4CTOR '•:ithout the express ►-:ritten consent of the CITY.
I.S. -NOTICE
Any notice giX'Cn hcreundcr shall be deemed to bcen
given when delivered to the City Manager, Director of Parks and
Recreation of CITY, or to CO'-:TR:ICTOR personally, or r:hen sort to
0")
said
1,;1r..105
4
by Cc rLill 0,1
i;l::.il,
po_,c:,
prt.IIaid
I
ion the
reshe
ctil•c ;
arty, and addr
essed
to ills
parties :it
th
listed below:
CITY:
CITY OF ROSEME!1D
SSSS.-E-ast Valley- Boulevard
Rosemead, CA 91770 -
CONTRACTOR:
MARIPOSA LANDSCAPING
12403 Woodridge
Whittier, CA
Either party may by written notice to the other, ucsid-
nate a different address for receipt of notices hereunder.
lu. TERM OF
CONTRACT
(O'B'E
(1) TEAR)
The
tern 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
hereof, this contract shall be of no legal effect and the City shall
incur no liability, to the Contractor therefor.
1-7. COST OF LIVING Ai]3UST1•;E..%,'r
Contractor may be granted a cost of living adjustment at
the tine of the com~.mencement 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 at a price not to e::cced 10' above the curren
price
(iii) that the contractor, because of increasod-costs
of labor and materials, is entitle-d. to a cost of living increase; an
(iv) that there has been no such cost of livin.n adjust-
Went for the past titelve (12) months.
H. EFFECTIVE DATE
This agreement shall be effective from this 25th dal
of t,av , 1982 .
IN WITNESS IMEREOF, the parties hereto have executed this.
CITY OF ROSE-MtE D
!1 Municipal Corporation
z~.
( T
agreement on the date first above written.
tt4RIPOSA _L= NDSCAPIMG
- ( LJilil'a1:t01