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Home My WebLink About25H - STADIUM & CIVIC CENTER MAINTENANCEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 5, 2009 TITLE: AGREEMENT AMENDMENT WITH MERCHANTS LANDSCAPE FOR MAINTENANCE OF THE STADIUM AND CIVIC CENTER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15S Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Merchants Landscape Services to provide landscape maintenance services at the Stadium and Civic Center in an amount not to exceed $108,189, for a total agreement amount of $584,263. DISCUSSION On May 18, 2009, the City Council approved a one-year agreement amendment with Merchant's Landscape to continue with the park landscape maintenance. The amendment did not include the Civic Center or the Stadium. Staff is proposing to amend the existing agreement with Merchant's for a two month period to include the maintenance of the Civic Center and the Stadium. During this two month period, staff will be further developing the plans for a long-term landscape maintenance program for the Civic Center and the Stadium. The current base agreement is in the amount of $453,403, and includes a five percent contingency for a total amount not to exceed $476,074. This agreement amendment will add two months of service for the Stadium and the Civic Center and add a contingency for unanticipated and emergency work. This amendment will increase the agreement total by $108,189 to an amount not to exceed $584,263. 25H-1 Merchants Agreement Amendment October 5, 2009 Page 2 FISCAL IMPACT Funds are available in the FY 2009-10 Park Services Other Contractual Services account (no. 01113250-62300) and the Civic Center Maintenance Other Contractual Services account (no. 07413250-62300). Gerardo Mouet," Executive Direc Parks, Rec. and Svcs. APPROVED AS TO FUNDS AND ACCOUNT: y Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25H-2 AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into as of October 5, 2009, between MERCHANTS LANDSCAPE SERVICES, 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 parties entered into Agreement A-2009-053 dated May 18, 2009, (the "Agreement") by which Contractor provides certain park and landscape maintenance services at various locations in the City of Santa Ana. B. The parties wish to amend the Scope of Services and Compensation as set forth in the Agreement to add the Santa Ana Stadium and Santa Ana Civic Center to the Agreement. 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 First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, excluding the Santa Ana Stadium and Civic Center but including EI Salvador Park, as set forth in City's Request for Proposa109-006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball/softball diamond maintenance, which Contractor has subcontracted to Major League Softball. Notwithstanding the foregoing, Contractor shall include the Santa Ana Stadium and Civic Center within the services covered by this Agreement for the months of October and November 2009. 2. 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 A. The total sum to be expended under this Agreement shall not exceed $535,894, plus a contingency for unanticipated expenses in the $48,369, for a total amount not to exceed $584,263, during the term of this Agreement." 25H-3 3. Exhibit A -SPECIFICATION FOR ROUTINE MAINTENANCE, shall be amended as follows: a. Section C. ROUTINE MAINTENCE, subsection 16, Special Maintenance, shall be amended to read, in full, as follows: "l. Special Maintenance a) Downtown Civic Center Grounds and Landscape -The Downtown Civic Center Authority Area is the home of federal, state, county and city government for Orange County. The classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds-Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, plazas, malls, sidewalks, pedestrian street crossing, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. Contractor is not responsible for blowing parking lots, only litter removal. Contractor is not responsible for pressure washing. (2) All site amenities, including but not limited to, signage, benches, hand railing, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, cigarette urns, light bollards, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product Monday through Friday. (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All cigarette urns shall be sifted daily Monday through Friday. The sand in the cigarette urns shall be fresh and leveled. Contractor shall replace cigarette urn sand with #20 white silica sand once per month. 25H-4 (5) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers or branches exist. The contactor shall remove/prune plant material by hand using hand shears or loppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All trees below 15' shall be pruned monthly using hand shears and loppers. The intent is to prune the plant material without the average lay person noticing the cuts. (7) Replace all 52 state flags in the Plaza of the Flags in January in July ofeach year. Flags to be provided by City. d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth football and soccer venue and is recognized as one of the best amateur athletic sporting facilities in the county. Because of the number of people that visit the Stadium each year the classification of maintenance required at this site is considered "high-end commercial." In addition to the standard Grounds- Landscape Specification the following special maintenance shall be performed. (1) All pedestrian hardscape areas, including but not limited to, grandstand bleachers, ramps, tunnels, sidewalks, parking lots, safe dispersal areas, vehicular drop-off areas, etc. shall be blown and/or swept clean daily seven (7) days per week. (2) All site amenities, including but not limited to, signage, player benches, hand railing, goal posts, electrical boxes, public telephones, newspaper machines, trash receptacles, drinking fountains, etc. shall be completely wiped clean with a germicidal cleanser and polished to a high luster with an approved product daily seven (7) days per week (3) All trash receptacles shall be emptied daily seven (7) days per week and replaced with new trash liners. The Contractor shall install trash liners so as not to be seen on the exterior of the receptacles. The Contractor shall be responsible for replacing missing trash receptacle lids and interior waste receptacles when missing. Lids and interior waste receptacles shall be provided by the City. (4) All shrubs and groundcover areas shall be highly detailed weekly. At no time shall any dead leaves, flowers 25H-5 or branches exist. The contactor shall remove/prune plant material by hand using hand shears or Toppers leaving no stubs. The intent is to prune the plant material without the average lay person noticing the cuts. (5) All trees below 15' shall be pruned monthly using hand shears and Toppers. The intent is to prune the plant material without the average lay person noticing the cuts. (6) All grandstand bleachers shall be inspected daily and if necessary wiped clean so they are free of dirt, stains, markings, etc." 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO CONTENT: GERARDO MOUET Executive Director Parks, Recreation and Community Services Agency MERCHANTS LANDSCAPE SERVICES, INC. Name: _ Title: _ Tax ID# 25H-6