HomeMy WebLinkAbout25B - AGMT - LANDSCAPE MAINTENANCE SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 1, 2013
TITLE:
AGREEMENT AMENDMENT WITH
VISTA DEL VERDE FOR LANDSCAPE
MAINTENANCE SERVICES IN
DISTRICT THREE PARK SITES
CIT NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement amendment with
Vista Del Verde Landscape, Inc. to provide landscape maintenance services for a seven-month
term in District 3 park sites in the amount of $372,453.69, with a 10% contingency for
unanticipated work in the amount of $37,245.37 for a total not to exceed amount of $409,699.06,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency is responsible for the landscape
maintenance of all City parks and recreational facilities. The landscape maintenance in city parks
is divided into four districts plus the Civic Center. The contract with Vista Del Verde to provide
services for District 3 expires on June 30, 2013. To extend their contract Vista Del Verde
requested an increase in rates. Vista Del Verde was notified this was not acceptable and the
City will be releasing a new Request for Proposal (RFP). As the RFP is being prepared Vista Del
Verde is willing to continue their contract under the existing terms for seven months at no rate
increase. Vista Del Verde has performed well and staff is pleased with their overall performance.
The term of the agreement amendment is from July 1, 2013 through January 31, 2014 for a base
agreement amount of $372,453.69. The amendment includes a 10% contingency in the amount
of $37,245.37 for unanticipated and emergency work. The total agreement amount is for a not to
exceed amount of $409,699.06.
FISCAL IMPACT
Funds are available in the Park Maintenance M&R Buildings and Grounds account (no.
01113250 62320).
25B-1
RFCA-Agmt Amendment Vista Del Verde
July 1, 2013
Page 2 of 2
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
e
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency 1M
25B-2
SECOND AMENDMENT TO
LANDSCAPE MAINTENANCE AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by
and between Vista del Verde Landscape, Inc., a California corporation (hereinafter "Contractor")
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement # A-2012-113, dated June 4, 2012,
(hereinafter "said Agreement") by which Contractor has provided landscape maintenance
services for City properties located in Santa Ana's District 3.
B. The current Agreement is scheduled to terminate on June 30, 2013. Contractor's proposal to
extend this Agreement under a new reduced scope was not acceptable. A Request for
Proposal will be released for District 3.
C. To allow City time to release an RFP, Contractor has agreed to provide landscape
maintenance services to District 3 pursuant to the Agreement through January 31, 2014.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Second Amendment to
Agreement, the parties agree as follows:
1. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"a. City agrees to pay and Contractor agrees to accept as total payment for its services, the
rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit B, and
incorporated by reference. The total sum to be expended under this Agreement shall not
exceed Three Hundred Seventy-Two Thousand Four Hundred Fifty-Three Dollars and Sixty-
Nine Cents ($372,453.69), plus a ten percent (10%) contingency for unanticipated and
emergency work, for a total not to exceed Four Hundred Nine Thousand Six Hundred Ninety-
Nine Dollars and Six Cents ($409,699.06) during the term of this Agreement."
2. Section 4, TERM, shall be delete in its entirety and replaced with the following:
"The Agreement shall commence on July 1, 2013 and terminate on January 31, 2014 unless
terminated earlier in accordance with Section 13, below. The City may terminate this
Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any
fiscal year covered herein. The Agreement is made pending the issuance of a Request for
Proposals (RFP) and may not be renewed by either party."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
///
25B-3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
LISA STORCK
Assistant City Attorney
CITY OF SANTA ANA
KEVIN O'ROURKE
Interim City Manager
VISTA DEL VERDE
LANDSCAPE, INC.
ROBERT S. JOHNSON
President
25B-4
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