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Home My WebLink About25B - AGMT - LANDSCAPE SRVSREQUEST FOR COUNCIL ACTION C�lr �t •31] 1441% I#1�fii TcIFBYX JANUARY 20, 2015 TITLE: AGREEMENT AMENDMENTS WITH LANDSCAPE WEST AND MARIPOSA LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES IN DISTRICTS ONE AND FOUR (STRATEGIC PLAN NO. 6, 1B) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Landscape West for landscape maintenance services, increasing the compensation by $23,742, which includes a 10% contingency, to an amount not -to- exceed $308,642, and increasing the term for one month for the period from February 1, 2015 through February 28, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Mariposa Landscape for landscape maintenance services, increasing the compensation by $71,801, which includes a 10% contingency, to an amount not -to- exceed $1,227,466, and increasing the term for one month for the period from February 1, 2015 through February 28, 2015, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) is responsible for the landscape maintenance of all city parks and recreational facilities. Landscape maintenance is currently divided into four park districts and the Civic Center. On October 15, 2014 city staff issued a request for proposals (RFP) to solicit proposals for landscape maintenance services. Upon review of the submitted proposals city staff rejected all bids due to cost. A new RFP with a revised scope of work was issued on December 18, 2014. To allow time to receive and evaluate proposals, staff is requesting agreement amendments with Landscape West and Mariposa Landscape for the period of February 1, 2015 to February 28, 2015. Landscape West will provide service for District 1 at a cost of $21,584 per month. A 10% contingency ($2,158) is also included for unanticipated work for a total increase of $23,472. Mariposa will provide service for District 4 at a cost of $65,274 per month. A 10% contingency ($6,527) is also included for unanticipated work for a total increase of $71,801. 2513-1 Agreement Amendment with Landscape West and Mariposa Landscape January 20, 2015 Page 2 Due to the passage of Senate Bill 7, regarding state prevailing wages, PRCSA will require its landscape maintenance contractors to comply. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1, Establish and maintain a Community Investment Plan for all City assets, Strategy b, Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users. FISCAL IMPACT Funds are available in the PRCSA -Park Maintenance M &R Buildings and Grounds account (no. 01113250 62320) and Police Department- Contractual Services account (no. 02614450 62300). Executive Directorf Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25B -2 AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 201x' day of January, 2015, by and between Landscape West Management Services, Inc., a California corporation dba Palo Verde Landscape Management Co. ( "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 Landscape and Maintenance Agreement A -2014- 014, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks, District 1 covering eight (8) City properties, B. The parties desire to amend the Compensation and Tenn clauses of said Agreement on a short -term basis in order to complete the Request for Proposals process. 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. COMPENSATION, shall be amended and updated to include the following; "c. City agrees to pay, and Contractor agrees to accept as total payment for its services a base fee of $21,584.00 per month. The total sum to be expended under this Amendment for the landscape services shall not exceed Twenty Three Thousand Seven Hundred Forty Two Dollars ($23,742.00), which includes a ten percent (10 %) contingency of $2,158,00 for unanticipated work needed in District 1, through February 28, 2015. 2. Section 4, TERM, shall be amended as follows: "The Term of this Agreement shall terminate on February 28, 2015, unless terminated earlier in accordance with Section 13, below." 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 Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: L . 1- --��. Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Landscape West Management Services, Inc. dba Palo Verde Landscape Management Co. Stacy Konier President 25B -4 SECOND AMENDMENT TO LANDSCAPE AND MAIN'T'ENANCE AGREEMENT THIS SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 20 "' day of January, 2015, by and between Mariposa landscapes, Inc., a California corporation ( "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 Landscape and Maintenance Agreement A -2014- 015, dated January 6, 2014 (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks, District 3 covering eleven (11) City properties. B. The parties amended said Agreement on October 21, 1014 to add District 4 to the Scope of Work and properties for Contractor to maintain. C. The parties now wish to amend the Compensation and Term clauses of said Agreement on a short-term basis in order to complete the Request for Proposals process, 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: I. Section 3. COMPENSATION, shall be amended and updated to include the following; "c. City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 4, a base fee of $65,274.00 per month plus a ten percent (10 %) contingency of $6,527.00 for unanticipated work needed in District 4, through February 28, 2015, The total sum to be expended under this Amendment for the services at District 4 shall not exceed $71,801.00 for the additional month. 2. Section 4, TERM, shall be amended to include the following pertaining to District 4 services; "The Term of this Agreement with regard to District 4 only, shall commence on November 16, 2014 and terminate on February 28, 2015, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25B -5 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 CARVALHO City Attorney By: _..s+ *•� Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director Parks, Recreation and Community Services Agency r CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Mariposa Landscapes, Inc., Terry Noriega President