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HomeMy WebLinkAbout25D - LANDSCAPE MAINTENANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 2, 2009 TITLE: AGREEMENT RENEWAL FOR LANDSCAPE MAINTENANCE SERVICES AT VARIOUS CITY FACILITIES CITY MANAGER 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 the attached agreement renewal with Vista Del Verde Landscape, Inc. dba Bevill Landscape Management for the provision of landscape maintenance services at various public facilities in the amount of $232,565 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for landscape maintenance at various public areas throughout the City. These areas include bike trails, parks, the Santa Ana Police Athletic Activities League building, the Newhope Library, and the Regional Transportation Center. On January 4, 2006, the City Council approved a two-year agreement with Vista Del Verde, with provision for three one-year renewals. A subsequent agreement amendment adding Saddleback View Park, McFadden Triangle, and the Flower Street Bike Trail Extension, was entered into on March 15, 2007. The two-year base agreement expired February 28, 2008. The first year extension was approved on February 4, 2008 and expires February 28, 2009. The Parks, Recreation and Community Services Agency is satisfied with the quality of services being provided by Vista Del Verde and recommends approval of the second one-year renewal of this agreement. The current contract includes a base amount of $157,830. This amendment includes a three-percent ($4,735) increase requested by the vendor to cover increased operating costs, and a $70,000 contingency, for a total contract amount not to exceed $232,565. Of this $70,000 contingency, $30,000 will be earmarked for Civic Center special projects. 25D-1 Agreement Renewal of Various Public February 2, 2009 Page 2 FISCAL IMPACT for Landscape Maintenance Facilities Funds for the first four months of the agreement are available in the 08/09 fiscal year Park Services, Library, Civic Center Maintenance, and Community Development Agency contractual accounts (nos. 11-250-6291, 11-214-6291, 74- 242-6291, and 67-615-6261). Funds for the duration of the agreement will be included in the proposed FY 09/10 budget. Gerardo Mouet Executive Direct r Parks, Rec. and Comm. Svcs. Agency C Cynthia J. Ne son Deputy City Manager for Development Services APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Financ and Mgmt. Services Agency Rob R'chard Library Director 25D-2 THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on February 2, 2009, by and between Vista Del Verde Landscape dba Bevill Landscape Management ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-020, dated February 6, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance for certain City parks. B. The Parties agreed to amend said Agreement on March 15, 2007, to include additional sites which are maintained by Contractor. C. The Parties again amended said Agreement on February 4, 2008, to extend the term and increase compensation to pay for services during the extended term. D. In accordance with the terms and conditions of said Agreement, the parties desire to again amend said Agreement, to extend the term for an additional one-year period and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, as previously amended, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: Section 2.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 Exhibit B-1, of said Agreement, as amended. Said contract rate for each park shall be increased by an additional three percent (3%) for a total of $162,565 for landscape maintenance services during the term from March 1, 2009 through February 28, 2010. The total sum to be expended pursuant to this Agreement during the extended term, from March 1, 2009 through February 28, 2010, shall not exceed $232,565.00, which includes a $70,000 contingency for unanticipated expenses which may arise during the term." 2. Section 3, TERM, shall be extended for an additional one-year period, through February 28, 2010. 25D-3 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager VISTA DEL VERDE LANDSCAPE, INC. (NAME) (Title) 25D-4