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CC - Item 4A - Staff Report Landscape Maintenance . ' stafp e ort 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