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CC – Item 4C – Staff Report – Extension of Agreement – Parkway and Median Landscape Maintenance - O , 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