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HomeMy WebLinkAbout25A - AGMT - LANDSCAPE MAINTEANCE SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 17, 2015 TITLE: AGREEMENT AMENDMENTS WITH LANDSCAPE WEST, DMS AND MARIPOSA LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES {STRATEGIC PLAN NO. 6, 1 B} CITY MANAGE 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 RECOMMENDED ACTION 1. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Landscape West for landscape maintenance services in District 1 to adjust the scope, extend the term 11 months and provide compensation in the amount of $284,900, which includes a 10% contingency, for the term February 1, 2015 through January 31, 2016, 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 DMS for landscape maintenance services in District 2 to adjust the scope and provide compensation in the amount of $318,331.20, which includes a 10% contingency, for the term February 1, 2015 through January 31, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Mariposa Landscape for landscape maintenance services in District 3 to adjust the scope and reduced the compensation to $882,208.80, which includes a 10% contingency, for the term February 1, 2015 through January 31, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 4. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Mariposa Landscape for landscape maintenance services in District 4 to adjust the scope, extend the term 11 months and provide compensation in the amount of $861,612.44, which includes a 10% contingency, for the term February 1, 2015 through January 31, 2016, subject to non - substantive changes approved by the City Manager and the City Attorney. 25A -1 Agreement Amendments with Landscape West, DMS and Mariposa Landscape February 17, 2015 Page 2 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 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. The proposals for the second RFP were also rejected due to cost. Due to the need for landscape maintenance services city staff contacted the existing landscape maintenance companies for Districts 1, 2, 3, and 4 to negotiate a contract extension, scope adjustment and compensation adjustment in an effort continue basic services and to keep costs at the same or lesser amount. The negotiation resulted in a cost reduction of approximately $135,000 over a 12 -month period. During the upcoming year, PRCSA will be working on ways to reduce the cost of landscape maintenance contracts. Methods may include: working with the Community Development Agency's Economic Development division to identify Santa Ana based small to medium sized landscape businesses, reviewing the scope of services to determine which requirements could be adjusted to allow more competition, and conduct cost - benefit analysis to determine which functions should be performed by city staff and which should be contracted. Due to the passage of Senate Bill 7, regarding state prevailing wages, PRCSA will require its landscape maintenance contractors to comply and the contractual amounts reflect this requirement. 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 Park Maintenance expenditure account (no. 01113250 - 62320), Santa Ana Zoo expenditure account (no. 01113220- 62320), Downtown Maintenance expenditure account (no. 40718842 - 62300), Community Activities expenditure account (no. 01105810- 62300), Parking Meter expenditure account (no. 02718860- 62300), Successor Agency expenditure account (no. 67118021- 62300), and Criminal Activities expenditure account (no. 02614450 - 62300). These contracts crossover into fiscal year 2015 -2016, funds for that period will be appropriated during the budget process. 25A -2 Agreement Amendments with Landscape West, DMS and Mariposa Landscape February 17, 2015 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: vim_- ' (-� A MN.n Gerardo Mouet, rancisco Gutierrez, Executive Director Executive Director Parks, Recreation a d Community Finance and Management Services Agency M��t Services Agency qp' {�7 Exhibit 1: 25A -3 25A -4 SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 17'h day of February, 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 I covering eight (8) City properties. B. On January 20, 2015, the parties amended the Compensation and Term clauses of said Agreement on a short-term basis in order to complete the Request for Proposals ( "UP ") process. C. The City issued an RFP for landscape maintenance services on October 15, 2014, The proposals received were all rejected due to excessive cost estimates, D. The parties now wish to amend the Scope of Services, and the Compensation and Term clauses of said Agreement in order to analyze the situation and district boundaries and complete the Request for Proposals process again. E, The parties are also amending to comply with the new legal requirements of Senate Bill 7. 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 1, SCOPE OF SERVICES, shall be amended and updated to include the services set forth in Exhibit A, attached hereto and incorporated herein by reference. Deviations from the original Scope of Services included in said Agreement for District I are set forth in Exhibit A -1, attached hereto and incorporated herein by reference. 2. Section 3, COMPENSATION, shall be amended and updated to include the following: e. City agrees to pay, and Contractor, agrees to accept as total payment for its services covering District 1, compensation in the amount of $284,900.00, which includes a 1.0% contingency for unanticipated work needed, for the term of February 1, 2015 through January 31, 2016. 25A -5 d. Contractor agrees that it shall pay state prevailing wages to its employees performing landscape maintenance services to the City hereunder due to the passage of Senate Bill 7. 3. Section 4, TERM, shall be amended to include the following pertaining to District I landscape maintenance services: "The Term of this Agreement with regard to District I shall begin February 1, 2015, and terminate on January 31, 2016, unless terminated earlier in accordance with Section 13, below." 4. 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 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: �- Lis a 5torck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouct, 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 25A -6 EXHIBIT A -1 Landscape West Scope of Services Deviations Contractor will provide all services as indicated in the Scope of Services with two exceptions: 1. Weeds. Contractor agreed to complete eradication of weeds in priority /sport turf four (4) times per year. The months shall be determined by the City's Senior Park Supervisor. 2, Irrigation repairs. City will provide irrigation head parts and Landscape West will provide an irrigation staff employee to install them. 25A -7 25A -8 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this 17ts day of February, 2015, by and between DMS Facility Services, LLC, a California limited liability company ( "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- 2011 -148, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 2. B, The parties amended said Agreement on June 4, 2012 and on January 22, 2014 to extend the Term and add Compensation, C. The City issued an RFP for landscape maintenance services on October 15, 2014. The proposals received were all rejected due to excessive cost estimates. D. The parties now wish to amend the Compensation and Term clauses of said Agreement again in order to analyze the situation and district boundaries and complete the Request for Proposals process again. E. The parties are also amending to comply with the new legal requirements of Senate Bill 7. 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 Third Amendment to Agreement, the parties agree as follows: 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 2, compensation in the amount of $318,331.20, which includes a 10% contingency for unanticipated work needed, for the term of February 1, 2015 through January 31, 2016. d. Contractor agrees that it shall pay state prevailing wages to its employees performing landscape maintenance services to the City hereunder due to the passage of Senate Bill 7. 2. Section 4, TERM, shall be amended to include the following pertaining 10 District 2 landscape maintenance services: 25A -9 "The Terns of this Agreement with regard to District 2, shall begin February 1, 2015, and tenninate on January 31, 2016, unless terminated earlier in accordance with Section 13, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in Rill force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third 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 �Lfisc t C Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet, Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" DMS FACILITY SERVICES, LLC Fred Gonzales Vice President 25A -10 THIRD AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 17`r' day of February, 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, and to amend the Compensation and Term clauses of said Agreement, C. The parties entered a Second Amendment dated January 20, 2015, to amend the Compensation and Tenn clauses of said Agreement on a short -term basis in order to complete the Request for Proposals ( "RFP ") process. D. The City issued an RFP for landscape maintenance services on October 15, 2014. The proposals received were all rejected due to excessive cost estimates. E. The parties now wish to amend the Scope of Services, and the Compensation and Term clauses of said Agreement in order to analyze the situation and district boundaries and complete the Request for Proposals process again. F. The parties are also amending to comply with the new legal requirements of Senate Bill 7. 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 Third Amendment to Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be as stated in said Agreement and any Deviations from the original Scope of Services included in said Agreement for District 4 are set forth in Exhibit A -1, attached' hereto and incorporated herein by reference. 2. Section 3. CONIPENSATION, shall be amended and updated to include the following: 25A -11 c. City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 3, compensation in the amount of $882,208.80, which includes a 10% contingency for unanticipated work needed, for the term of February 1, 2015 through January 31, 2016. d. City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 4, compensation in the amount of $861,612.44, which includes a 10 %contingency for unanticipated work needed, for the term of February 1, 2015 through January 31, 2016, e. Contractor agrees that it shall pay state prevailing wages to its employees performing landscape maintenance services to the City hereunder due to the passage of Senate Bill 7. 3. Section 4, TERM, shall be amended to include the following pertaining to District 3 and District 4 landscape maintenance services: "The Term of this Agreement with regard to Districts 3 and 4, shall begin on February 1, 2015, and terminate on January 31, 2016, finless terminated earlier in accordance with Section 13, below." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. (Signatures on Following.Page) 25A -12 IN WITNESS WHEREOF, the parties hereto have executed this Third 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:Z .. Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet, Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Mariposa Landscapes, Inc. Terry Noriega President 25A -13 A R L A N D S January 28, 2015 Mike Lopez /Frank Arroyo City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Phone 714 - 647 -3324 Cell 714- 231 -6112 Email MLopez5Qsanta- ana.org GRIT 1 P C A PROPOSAL I A E S I N C Re: District #4 Landscape Maintenance Interim Contract Extension Description This proposal provides for all labor, material, and equipment to perform the interim landscape maintenance services at all locations within District #4 in the City of Santa Ana. The term to be from February 1, 2015 to January 31, 2016. Price Total monthly price., ................................................ .......................... $65,273.67 Sixty -Five Thousand Two Hundred Seventy -Three And 67/100 Terms: Per the UP/specifications. Exclusions: See attached. Time Project start date is currently 3 days after acceptance. Limits Time limit for the acceptance of this proposal is 30 calendar days from the above date. Respectfully submitted, Joshua Cho — Estimator joshua@Tnariposa- ca.com Mike Lopez — City of Santa Ana 626 - 705 -0235 cell 626 - 960 -3809 fax Signature and Date 44915629ARrOWHIGHWAY, IRVVINDALE, CA 91706 CA. LANDSCAPE CONTRACTORS LICENSE NO 592265 TEL. 626 . 960 . 0196 FAX 626 . 960 . W7 r' Clarifications /Exclusions 1. The pricing is based on the current specifications (the latest release for Dist. 1, 4 & 5) as directed by the City of Santa Ana for the extension of the interim District 4 agreement with the proposed end date of January 31, 2016. 2. Eliminate seasonal tasks involving the applications of commodities, including but not limited to, fertilizer, seed /topper for renovations, USGA mix sand, no pre - emergent, etc. 3. Mariposa would fulfill all aspects of the specification regarding service levels, including but not limited to pesticide /weed abatement, mowing- edging - detailing, irrigation management and repair, servicing plants and planter beds, tree maintenance, daily cleaning of pavement, etc. 4. Sport field /turf renovations would not be a part of the agreement. 5. Mariposa would hire a sweeping sub - contractor to clean parking lots (at Centennial Park), preferably early in the morning before cars arrive once per week. 6. Irrigation assistant will be allow to perform the work of Certified Irrigator for District 4 as previously agreed upon during the meeting between the City of Santa Ana and Mariposa Landscapes, Inc. on January 27, 2015. 7. Pressure washing - to be excluded. &, Annual Tree Evaluation Report — to be excluded. 9. Vine planting (250 —1 gallon) — to be excluded. 10. Playground /tot -lot area, annual turf berm renovation — to be excluded. 11. Overseeding: 1 lb/ 1,000 per month — to be excluded. 25A -15 SCOPE OF WORK INCLUDED IN PROPOSAL Ball Diamond Maintenance: sub contract Drinking Fountain: inspect and cleaning Flags: inspect daily General Maintenance: trash & debris Hardscape Maintenance: Irrigation: Parking Lot Sweeping: Centennial Park (College) Picnic facilities & etc.: Playground /tot lot: Site amenity (Clean —NO press wash: all picnic areas Soccer /Football Field Maintenance: inspect Sports Court Maintenance: blowing & every other week wash down Tennis & BB Nets: replaced as needed - city to provide nets Tennis Courts: wash down Trash Cans: Tree Care: Turf Care (casual & sport /priority): Weed control - turf: Weed, Disease & Pest: EXCLUSIONS: Aeration: Annual tree evaluation report: Certified Irrigator: Chemicals: no pre - emergent Fertilization: Mulching: monthly Overseeding (sport fields): Overseeding — I lb/ 1,000 per month Playground /tot -lot: Annual turf berm renovation Pressure washing: Seed /Topper for Renovations: Sod: Sports Field /Turf Renovations: Synthetic Turf: Topper: USGA mix sand: Vines: (250 —1. gal) per year: 25A -16 Om