Westminster City Council
SUBJECT
Title
First Amendment to the Medians and Trails Landscape Maintenance Service Agreement with EMTS, Inc., dba Elite Maintenance and Tree Service.
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From: Jake Ngo, Public Works Director
Requested by: Administration
Prepared by: Tuan Pham, Maintenance and Utilities Manager
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RECOMMENDED ACTION
Recommendation
Approve a First Amendment to Agreement No. 2026-035 with EMTS, Inc., dba Elite Maintenance and Tree Service, for additional landscape maintenance services of medians and trails, increasing the annual not-to-exceed amount by $55,872, for an approximate aggregate amount of $1,559,837.75 with estimated Consumer Price Index (CPI) increases.
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BACKGROUND
The City currently contracts with EMTS, Inc., dba Elite Maintenance and Tree Service (Elite) for landscape maintenance of medians and trails throughout the City. The current agreement with Elite was approved by the Mayor and City Council on June 12, 2024, for an initial one-year term with up to four one-year extensions. The initial annual not-to-exceed amount was $241,979.40 with a 10% contingency in the amount of $24,197.94 for unforeseen maintenance items and allows for Consumer Price Index (CPI) increases.
The current agreement provides routine landscape maintenance services, including shrub trimming, weed abatement, removal of landscape debris and litter, mulch installation, and annual fertilizer and pesticide applications for the following medians and trails:
1. Hoover Street Pedestrian Trail from Garden Grove Boulevard to Bolsa Avenue - Weekly;
2. Rancho Road Trail from Bolsa Chica Road to Westminster Boulevard - Weekly;
3. Garden Grove Boulevard Trail from East of SR-22/I-405 On-ramp/Off-ramp to East of Edwards Street - Weekly;
4. Beach Boulevard Medians from SR-22 to I-405 Freeway - Weekly;
5. Bolsa Chica Road Medians from Old Bolsa Chica Road to Rancho Road - Bi-Weekly;
6. Brookhurst Street Medians from Hazard Avenue to Meagher Street - Bi-Weekly;
7. Bolsa Avenue Medians from Edwards Street to Ward Street - Bi-Weekly. The County of Orange reimburses the City for the landscape service maintenance cost associated with the medians within its jurisdiction;
8. Hazard Avenue Medians from Beach Boulevard to Cedarwood Street - Bi-Weekly; and
9. Westminster Boulevard Medians from Bolsa Chica Road to Bushard Street - Bi-Weekly.
Since the execution of the agreement, the City has completed several landscaping improvements through its Capital Improvement Program (CIP), resulting in additional landscaped areas that require ongoing maintenance. To preserve the City's investment, maintain the aesthetic quality of these improvements, and ensure consistent service levels throughout the community, staff recommends amending the existing agreement to include maintenance of the newly completed landscape areas.
The amended agreement will include maintenance services for the following additional landscape areas:
1. Mendez Freedom Trail from Garden Grove Boulevard to Bolsa Avenue - Weekly;
2. Garden Grove Boulevard and Palomar Street Frontage - Weekly;
3. Shirley Lane and Westminster Boulevard Frontage - Bi-Weekly; and
4. Bolsa Chica Road Bio-swell located on the east side of Bolsa Chica Road and Old Bolsa Chica Road - Bi-Weekly.
The proposed amendment will ensure that these newly landscaped areas receive the same level of maintenance as other City-maintained medians and trails, preserving their appearance, functionality, and long-term health.
Agreement History
|
AGREEMENT |
AMOUNT |
DATE |
|
Agreement 2026-035 |
$241,979.40 |
6/12/2024 |
|
Approved Contingency Amount (5 years) |
$120,989.70 ($24,197.94/year) |
6/12/2024 |
|
Renewal No. 1 FY 2025-2026 |
$241,979.40 |
7/1/2025 |
|
Renewal No. 2 Amendment No. 1 to Agreement No. 2026-036 |
$55,872 |
7/1/2026 |
|
Renewal No. 2 FY 2026-2027 |
$250,932.64 (includes 3.7% CPI) |
7/1/2026 |
|
Renewal No. 3 FY 2027-2028 |
$318,156.41 (includes estimated 3.7% CPI) |
7/1/2027 |
|
Renewal No. 4 FY 2028-2029 |
$329,928.20 (includes estimated 3.7% CPI) |
7/1/2028 |
|
Estimated New Total |
$1,559,837.75 |
|
FISCAL IMPACT
Funds for Amendment No. 1 in the not-to-exceed yearly amount of $55,872 are budgeted for Fiscal Year 2026-2027 under Account No. 53000-43090 “Park Maintenance - Contractual” (Fund 100 - General Fund), bringing the current estimated not-to-exceed aggregate amount to $1,559,837.75.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The City has recently completed several landscape improvement projects through its Capital Improvement Program, resulting in additional landscaped assets that require ongoing maintenance. Approval of Amendment No. 1 to the Medians and Trails Landscape Maintenance Service Agreement will ensure these improvements are properly maintained, protect the City's investment in public infrastructure, and continue to enhance the visual character, safety, and overall quality of the community.
ATTACHMENTS
1. Agreement 2024-035
2. Proposed Amendment No. 1
3. Location Map
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager