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HomeMy WebLinkAbout25G - AGMT - PRESSURE WASHING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 19, 2017 TITLE: APPROVED APPROVE AN AGREEMENT AMENDMENT ❑ As Recommended As WITH SUPERIOR PROPERTY SERVICES ElOr Amended ❑ Ordinance on 1s' Reading FOR PRESSURE WASHING SERVICES IN ❑ Ordinance on 2nd Reading THE CIVIC CENTER ❑ Implementing Resolution {STRATEGIC PLAN NO. 6, 1B) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITV MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Superior Property Services for pressure washing services in the Civic Center by extending the term through June 30, 2018 and increasing the agreement amount by $77,688, which includes a 20% contingency, to cover the extended period, subject to non -substantive changes approved by the City Manager and the City Attorney. On October 13, 2017, a Request for Proposals (RFP) was issued for providing pavement cleaning and hazardous waste removal services in the Civic Center. One proposal was received which was considered non-responsive. Therefore the City rejected the proposal and cancelled the RFP process. City staff is evaluating the language in the RFP and will make any needed modifications to attract more solicitors. In the meantime, in order to avoid a gap in service the City is requesting to extend the agreement of the existing contractor by up -to six months to allow time for a new RFP process. City staff has discussed the matter with the contractor and have come to a tentative agreement to continue service for the current scope and current price until a new RFP is issued and contract is awarded. The amount of $77,688 represents six months of service with a 20% contingency for unexpected service requests. Should the RFP process be completed prior to the six months, the contract will terminate and the remaining contract authority will go unused. 25G-1 Agreement Amendment with Superior Property Services December 19, 2017 Page 2 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 following accounts for the specified fiscal years: Accounting Unit FY 17/18 Civic Center (no. 07413250-62320) $77,688 A ,- Gerardo Moue Executive Dire for Parks, Recreation and Community Services Agency EXHIBIT: Agreement Amendment APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez \l. Executive Director Finance and Management Services Agency 25G-2 SIXTH AMENDMENT TO AGREEMENT FOR PROVISION OF PAVEMENT CLEANING SERVICES THIS SIXTH AMENDMENT TO THE AGREEMENT is entered into on December 19, 2017, by and between Superior Property Services, -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 Agreement #A-2012-248, dated January 1, 2013 ("Agreement"), by which Contractor agreed to provide hardscape pressure washing and cleaning services at various City -owned properties. The term of the Agreement is for a period of five years from January 1, 2013 through December 31, 2017. The Agreement remains in effect. B. On November 18, 2014, the patties executed a First Amendment to the Agreement (#A-2014- 296), by which the original scope of services was expanded and the total annual compensation was increased to pay for the additional services. The total annual compensation included a contingency amount of $10,000, C. On May 14, 2015, the parties executed a Second Amendment to the Agreement (#A-2015- 095), by which the contingency amount for the period of January 1, 2015 through December 31, 2015 was increased by $8,000 and the obligation imposed on the Contractor to use reclaimed water in the performance of its services. D. On October 20, 2015, the parties executed a Third Amendment to the Agreement (#A-2015- 234), by which -the contingency amount for the period of January 1, 2015 through.December 31, 2015 was further increased by $8,250. E. On June 21, 2016, the parties executed a Fourth Amendment to the Agreement (#A-2016-152), by which the compensation each for the period of May 1, 2016 through December 31, 2016 and January 1, 2017 through December 31, 2017 was further increased by $20,000 plus additional contingency funds for each period so that the total annual amount to be expended during each period was not to exceed $118,634.35. F. On April 4, 2017, the parties executed a Fifth Amendment to the Agreement (#A-2017-061), by which the parties agreed to an increase to the compensation and contingency amounts for the period of April 1, 2017 through December 31, 2017, in the amount of $76,680, so that the total amount remaining through expiration of the Agreement was not to exceed $195,315. G. To facilitate the issuance of a new Request for Proposals for pressure washing services, the parties now wish to finther amend the Agreement to increase the term of the Agreement on a month-to-month basis for up to an additional six (6) months and provide additional funds for pressure washing services during this extended term. Page 1 of 2 zo1 The Parties hereby agree: Section 2, Compensation, is further amended to include, for any additional time period stipulated per this Sixth Amendment to the Agreement, an additional amount not to exceed _$77,688. This amount is comprised of a base amount of $64,740 .plus a 20% contingency amount for services as may be directed at the sole discretion of the City. 2. Section 3, Term, is amended to extend the term of the Agreement on a month-to-month basis beginning January 1, 2018, for_ a period of up to six months. 3. Section 12, Termination, is amended to allow the City, during the extended term of the Agreement, to terminate the Agreement upon ten days' written notice to Contractor. 4. Except as modified by this Sixth Amendment, and all prior Amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: JOHFUNK Assis ant City Attorney RECOMMENDED FOR APPROVAL Gerardo Monet, Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA RAUL GODMZ II City Manager SUPERIOR PROPERTY SERVICES Name: Title: Page 2 of 2