HomeMy WebLinkAboutSPECIALTY ENVIRONMENTS CO., INC. 2City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
COTC Office Use Only
Please complete this form when the attached agreement an'd Aamendnhe'nts`�(iYa y)
are no longer in effect.
Return form to the Clerk of the Council Office (M-30)CL ;{;; _ _
The agreement with
No. y4� f ��1��fd C_� core Was completed on and final payment has been made.
(List all amendm� ents. Use space below if needed.)
A -,InoI =dO - 01 (10) Department: !✓y
R _ IM I - 60(0- 002(2b) Phone/Ext.:
Signature:
L
Date:
Revised 07-22-09
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INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRM
/- y-Po08
CLERKOF COUNCIL
DATE: /6-65"
A-2007-006
tGeA 0 CONTRACTOR AGREEMENT
Goby I-0�li
THIS AGREEMENT, made and entered into this 16a' day of January, 2007 by and
between Specialty Environments Co., 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 (hereinafter "City").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of
landscape maintenance.
B. Contractor represents that Contractor is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform landscape maintenance service for downtown and the south and
north main parking lots, as set forth in City's "Request for Proposal for Landscape Maintenance
Services" dated November 8, 2006, and Consultant's Proposal, as set forth in Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services, a
monthly fee of $1775.00, as set forth in Exhibit A, attached hereto. The total sum to be
expended under this Agreement shall not exceed $26,300.00, annually, during the term of this
Agreement, which amount includes a contingency for additional services requested by City.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on January 1, 2007 and terminate on December 31,
2008, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Deputy City Manager for
Development Services and the City Attorney.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, ajoint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Contractor's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $I,000,000 per occurrence. Contractor shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, including fees and costs for special counsel to be selected by
the City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
7. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6736
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: Specialty Environments Co., Inc.
2520 S. Broadway Street
Santa Ana, California 92707-3412
telefacsimile (714) 438-1005
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Contractor consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: '
Laur Seedy
Assi tant City Attorney
FOR APPROVAL:
1gLSTEPHE HARDING
v Deputy Ci Manager for
Development Services
CITY OF SANTA ANA
DAVID N. RI
City Manager
TY ENVIRONMENTS CO., INC.
President Tax ID# 95-IBOW,,
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide trained personnel, transportation, labor, equipment and materials to
provide all landscape maintenance as set forth below. All work will be in conformance with
Contractor's proposal and to the satisfaction of City of Santa Ana.
1. Landscape maintenance and cleaning will occur two times weekly for Fourth Street
between Ross and Main and in the Artists Walk area of downtown.
2. Landscape maintenance and cleaning will occur once per week in the public parking lots
in the North Main and South Main areas.
3. Soil Analysis — Soil and Plant Laboratory of Santa Ana will be used for any soil testing.
Laboratory costs will be the responsibility of the City of Santa Ana.
4. Contractor is very conscious of the need for liability awareness. City of Santa Ana will
be kept abreast of any potential liabilities related to its landscape.
5. Technical expertise. Ongoing consultation is provided for Contractor by Stan Spading, a
retired University of California professor.
6. Irrigation system will be kept in full operating condition, providing full coverage, as
follows:
• Complete adjustments and repairs within one (1) watering period. Irrigation valves and
controllers generally are repaired by in house Contractor employees.
• Compensation for repairs due to vandalism or lines larger than 1" shall be on a time and
materials basis and considered extra work. Shrub heads, risers, mechanical/oscillating
heads and prop up heads will be charged on a material basis when the work is performed
as part of the regular service.
• General system maintenance including checks, cleaning, programming and adjustments
shall be included in the contract price.
• Contractor shall establish a watering program based on seasonal moisture requirements of
the landscape planting specific to the site. Program controller to accomplish cycles
between the hours of 8PM and 6AM.
• Where applicable, hand watering shall be done using water wands, fine spray nozzles or
similar devices to prevent damage to plants. Contractor will be sensitive to monitoring
water usage and will work to conserve water in an effort to minimize the cost of water.
Contractor's supervisors have completed Irvine Ranch Water Districts Water
Management Program.
7. If problems arise with plant health or appearance, fertilization will be adjusted as indicted
by soil analysis. This in conjunction with proven horticultural techniques, will provide
optimum plant growth and color. The cost of the fertilizer is included in the contract
price. The turf will be fertilized four (4) times a year and the planter areas will be
fertilized (3) times a year.
8. Weeding, Disease and Pest Control — Contractor will provide application of herbicides,
insecticides and fungicides. Contractor will continuously maintain all planted areas
through mechanical and chemical means. If an outside pest control service is required,
this service will be charged as an extra.
9. All lawns shall be mowed and edged weekly. All cuttings shall be promptly collected
and disposed of offsite if required. All sidewalks shall be cleared of grass cuttings, etc.
on the same day as mowing.
10. Trees shall be pruned annually to promote caliper, stability and natural character of the
tree within space limitations. Contractor shall eliminate cross branching, crotches, dead
or damaged wood and conditions creating safety hazards. In addition, thin crowns to
prevent wind damage, cut to lateral or bud with no stubs and paint cuts exceeding a 1"
diameter with an approved emulsion. Contractor shall prune evergreen trees as required,
deciduous trees during dormancy. Tree work below fifteen (15) vertical feet included in
the contract. Tree work above fifteen (15) vertical feet will be charged as an extra.
Contractor shall trim shrubs to retain natural character and encourage density in
accordance with the design intent.
11. Contractor shall replace in size, kind and quantity all plant materials damaged or
destroyed during the maintenance operations due to negligence. The size and character of
trees and shrubs shall be equal to the plant at the time of loss. Where replacement
relative to site is not feasible an alternative size and credit may be accepted.
12. All of the walks will be blown off or vacuumed weekly. All drains will be kept clean and
functioning properly. No blowing will occur on 2"d Street.
13. Contractor is aware of the impact that a well thought out color program can have. Color
will be installed upon request and billed as an extra.
14. In the event of a dispute as to the interpretation of any portion of the specifications, or
requirements of this Agreement, City's interpretation of such specification or requirement
shall be final.
15. Contractor shall furnish employee identification cards and ensure that its employees wear
those cards whenever working on City property.
16. Contractor shall maintain a twenty-four (24) hour, seven (7) day a week telephone and
facsimile machine service and shall respond within two (2) hours to clean up any work
left undone after City notifies Contractor of such failure to perform.
17. Contractor shall designate, in writing, a supervisor who will represent Contractor and be
responsible for communication with the City.
COMPENSATION
City shall pay Contractor those sums set forth below in full payment for its services and
materials rendered to City pursuant to this Agreement. The total cost to City for the
landscape maintenance program, including tree trimming will be $1,775.00 per month.
Flat Prkg Lot — Main St. S. of Camille — W. side $100/ month
Flat Prkg Lot — Main St. and Pine St. — W. side $200/month
Flat Prkg Lot — 3rd and Bush N.E. comer $400/month
Flat Prkg Lot — Main and 2oth Street $125/month
Flat Prkg Lot — Main and Buffalo $200/month
Walking Mall — 2"d St. Mall and Alley (10 Pots) $300/month
Retail District — 41h Street from Ross to French $450/month
$26.00 per hour to repair vandalism / extra work request
Cost + 20%f for materials
10
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
Named
Countersigned by
II
this endorsement form as a part of
Authorized Representative
'f6. Ctty of Santa Ana Frog: Borish Luhrassebi 4-24-"7 2,I8pm F of r
ACORO,
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Producer Norish Whrassep
THIS CERTIFICATE IS ISSUED AS A MAP FR C INFORMA110N
ONLY AND CONFERS NO RIGH C )PON THE ER '.F ICATE NO] OFR
Wood Gutmann & Bogart Insurance Brokers
15901 Red Hill Ave., 9ulte 100
THIS CERTIFICATE DOES NO I MEND. F : TEN • OF ALTFH I HE
COVERAGE AFFORDED BY THE +CUCIES EEO ng1
INSUREHSAF Q=MERAGE
Tustin CA 92780
714 505.7000
INSURER Essex Insurance Co
www wgbib.com
License No 0679263 A-2007-006
A
INSURER
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Specialty Environments Co, Inc
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INSURER
252D S Broadway St.
Santa Ana CA 92707
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CERTIFICATE MAY BE ISSUED
OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIttED HEREIN IS SU3JECT rl) A THE
TERMS. EXCLUSIONS AND CONDITIONS
OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIN•
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SHOULD ANY OF THE ABOVE DESCRIBED POLICES KE CANCEL I FO BE )RE THE
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To: City of Santa Ana From: dorieh Luhrassebi 4-24 2:I8pm _
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the po icy(ies) must be endorsed A statemew
on this certificate does not confer rights to the cerdficate holder in lieu of such endorsvn
It SUBROGATION I$ WAIVED, subject to the terns and conditions of the policy, certain f olicieS m.,y
require an endorsement. A statement on this certificate does not confer rights to the ,er'ificate
holder in Feu of such andorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does rxtt constitute a contrect betwccn
the i55uing Insurer(s), authorized mphoserttative or producer, and the certificate holder nor does r
affirmatively or negatively amend, extend or after the coverage afforded by the policies limed there"n.
APPROVED AS TO FORM
Laura Still Sheedy
Assistant City Attorney
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To: City of Santa Ana From: Norieh Lnhrasseli 4-24 37 12 Bon a. of 4
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BLANKET ADDITIONAL INSURED ENDORSEMENT
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'ATTACHED TO AND FORMING EFFECTIVEDATE OF 'ISSUED TO
PART OF POLICY NO, ENDORSEMENT Specialty Environments��o Inc
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THIS ENDORSEMENT CHANGES THE POLICY.
SECTION II —WHO IS AN INSURED of the Commercial General Liability form is amended to in au, ie'
Person or Entity: AS AN ADDITIONAL INSURED, ANY PERSON OR ORGANIZATION TO
WHOM YOU ARE OBLIGATED BY VALID WRITTEN CONTRACT TO PR 3V!DE
SUCH COVERAGE BUT ONLY AS RESPECTS LIABILITY FOR'BODIL`
INJURY" OR "PROPERTY DAMAGE" CAUSED BY THE
Named Insured and only for occurrences, claims or coverage not otherwise excluded In the policy
'Our' agreement to accept an additional insured provision in a contract is not an acceptance of any other
provisions of the contract or the contract in total.
Where no coverage shall apply herein for the Named Insured, no coverage or defense shall be affe ded to the
additional insured.
Moreover, no coverage shall be afforded to the additional insured for any "bodily injury,' "personal injury," or
"property damage" to any employee of the "Named Insured" or to any obligation of the additional insured to
indemnify another because of damages arising out of such injury.
Additlonai Premium:
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WE-00"i (05105)
AUTHORI2 ED REPRESE NTATNE
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 16, 2007
TITLE:
AGREEMENT AWARD FOR LANDSCAPING
SERVICES
l.�
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Specialty
Environments Co., Inc. for landscaping services for a two-year period
with provision for two one-year renewals, in the annual amount not to
exceed $26,300.
DISCUSSION
Landscape services are required at various public parking lots and right
of way locations throughout the City, including Downtown, South Main and
North Main. The landscaping program in Downtown allows for Fourth
Street from Ross to French and the Artists Walk to be cleaned and
maintained twice a week. The program in the public parking lots on
South Main and North Main allows for once a week cleaning and
:maintenance.
A Request for Proposals was advertised on November 8 and 10, 2006, and
proposals were solicited. A summary of the proposals requested and
received is as follows:
25 Requests for Proposals mailed
8 Request for Proposals mailed to Santa Ana vendors
5 Proposals received
3 Proposals received from Santa Ana vendors
On December 1, 2006, five proposals were received. Each of the
proposals was evaluated in four areas covering experience providing
requested services, clarity and detail of submitted proposal, pricing
and work plan. The maximum obtainable score is 400. The ratings for
the four respondents are as follows:
25B-1
Agreement Award for Landscaping Services
January 16, 2007
Page 2
FIRM
LOCATION
PRICE PER ANNUM
RATING
specialty
Santa Ana, CA
$21,300
228
Environments Co.,
Inc.
S.C. Yamamoto,
La Habra, CA
$29,400
225
Inc.
Master Landscape
Westminster, CA
$21,840
195
& Maintenance
Midori Gardens
Santa Ana, CA
49,716
162
Pinnacle,
Santa Ana, CA
34,680
132
Landscape Company
The proposal from Specialty Environments Co., Inc. received the highest
rating average of fifty-seven percent and is responsive to the
specifications and meets the city's requirements. Specialty
Environments Co., Inc. is currently providing landscape service in the
Downtown, South Main and North Main and has provided a high standard of
service.
Staff recommends an agreement with Specialty Environments Co., Inc. For
the annual amount of $26,300, which includes $5,000 for additional work,
if needed, for color change out, broken sprinkler and tree tr_nming.
The agreement term will be from January 2007 through December 2008.
FISCAL IMPACT
Funds are available in the Downtown Maintenance Fund (account no. 407-
933-6291).
APPROVED AS TO FUNDS AND ACCOUNTS:
.Wtephen Harding rancisco Gutierrez T"'
Deputy ty Manager for Executive Director
Development Services Finance & Management Services Agency
Community Development Agency
SGH/DM/mlr
H:\ACTI0NS\2007 CC\AgreeAwardLandscapeServices 1-16-07.doc
25B-2
CONSENT CALENDAR
Mayor Pulido announced the following modifications to the Consent Calendar:
■ Items 13.13. and Item 25.G.pulled to allow members of the public to speak on
these items
• Mayor Pulido abstained on Item 19.C. due to the proximity of the Santa Ana
downtown business district to his business
• Councilmember Sarmiento abstained on Items 10.A, IO.B. and 19.C.
Motion: Approve staff recommendations on the following Consent Calendar
items.
MOTION: Tinajero SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
Items removed for separate action or modified are highlighted. Separate actions show
the actual vote. Items without votes are adopted as part.of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Item 10.A.-10.B.)
10.A. REGULAR MEETING MINUTES OF JANUARY 2, 2007
10.8. ADJOURNED REGULAR MEETING OF JANUARY 2, 2007
Councilmember Sarmiento abstained on Items 10.A. and 10.B. because
he did not participate in the meeting of January 2, 2007
13.A. VACANCY REPORT — JANUARY 10, 2007
Motion: The Vacancy Report reflects only appointments made by the Council.
CITY COUNCIL MINUTES 21 JANUARY 16, 2007
CONSENT CALENDAR
AGREEMENTS
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements. (items 25.A.
through 25.L.)
25.A. AGMT NO. 2007-005 - STREET SWEEPING SERVICES AT THE DEPOT
AT SANTA ANA — With TSCM for a twelve-month period with two 12-
month renewals in an annual amount of $10,000 - Community
Development Agency
25.B. AGMT NO. 2007-006 - LANDSCAPING SERVICES - With Specialty
Environments Co., Inc. for a two-year period with provision for two -one
year renewals, in the annual amount not to exceed $26,300 - Community
Development Agency
25.C. AGMT NO. 2007-007 - CUSTODIAL MAINTENANCE SERVICES —
Execute an amendment with Pacific Care to increase the contract by
$7,000 for an amount not to exceed $124,280 - Community Development
Agency
25.D. AGMT NO. 2007-008 - HEARING OFFICER SERVICES - With Coastal
Mediation Services in an amount not to exceed $30,000 — Planning and
Building Agency
25.E. AGMT NO. 2007-009 - AGREEMENT FOR LEASED COPIER,
MAINTENANCE AND SUPPLIES (SPEC NO. 06-173) - With Danka Office
Imaging Company in an annual amount of $7,000 covering a three-year
period, not to exceed $21,000 - Finance & Management Services Agency
25.F. AGMT NO. 2007-010 - PURCHASE AGREEMENTS FOR BRISTOL
STREET CORRIDOR (PROJECT 06-1500) — With Leovardo and Marioela
Lopez for the purchase of the commercial property located at 522 S.
Bristol in the amount of $533,000 — Public Works Agency
eqitq
Speakers: Tom Lamere, Barbara Lamere, and Steve McGuigan
expressed concern that all the neighborhood issues have not been
addressed and asked the Council to consider postponing this item so that
staff can continue to work with the affected neighborhoods.
Motion: Continue the matter to the February 20, 2007 City Council Meeting
CITY COUNCIL MINUTES 27 JANUARY 16,
AC REMOM
Date (m /Y, )
Producer
1 /31 /2008
Daniel Banes
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
Wood Gutmann & Bo art Insurance Brokers
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
15901 Red Hill Ave., Suite 100
COVERAGE AFFORDED BY THE POLICIES BELOW.
Tustin CA 92780
INSURERS AFFORDING COVERAGE
714 505.7000
www.wgbib.com
INSURER First Mercury Insurance Company
License No. 0679263
QCu `.J Y/7 0 0 /
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INSURER
Insured
INSURER
Specialty Environments Co, Inc
INSURER
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Santa Ana CA 92707
INSURER
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
SUBJECT TO ALL THE
AGGREGATE LIMITS
SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EFFECTIVE
DATE
POLICY
EXPIRATION
DATE
GENERAL LIABILITY
MM DD
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LIMITS
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EPCA000002
1 /4/2008
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EACH OCCURRENCE
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$ 000
CLAIMS MADE �✓ OCCUR
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$ Excluded
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GENT AGG LIMIT APPLIES PER
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AUTOMOBILE LIABILITY
ANY AUTO
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$
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(Per accident)
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ANY AUTO
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DESCRIPTION OF OPERATIONS/LOCATIONSNE ICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The City of Santa Ana; its officers, employees, agents and representatives are named as Additional Insured per
CVX-GL-5063(07/2000) including Primary wording.
Of Santa Ana
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THECity
DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAILS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THEAILURE
7TMMT
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
20 Civic Center Plaza
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE-
•
Santa Ana CA 92701
10 Days for Non -Payment of Premium
AUTHORIZED
REPRESENTATIVE
Jeff Sachs
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