HomeMy WebLinkAbout2014-08-26; City Council; Resolution 2014-2111 RESOLUTION NO. 2014-211
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT #4 TO AMEND AND FUND
THE AGREEMENT WITH WESTTURF LANDSCAPE MANAGEMENT,
4 INC., FOR PARKS AND FACILITIES LANDSCAPE MAINTENANCE
SERVICES
3
5
6
7
8
9
10
WHEREAS, on June 10, 2008, the City of Carlsbad (City), and Sergio Graham, Inc. d.b.a.
Westturf Landscape Maintenance entered into the Agreement for landscape maintenance work
at specified parks, facilities and trails within the City of Carlsbad; and
WHEREAS, Section 25 of the Agreement allowed Sergio Graham, Inc. d.b.a. Westturf
11 Landscape Maintenance ("Assignor") to assign rights and obligations under the Agreement, as
12 may have been amended from time to time, upon written approval of City; and
13
WHEREAS, Assignor desired to assign its interest in the Agreement, as may have been
14
amended from time to time, to Sergio Graham, Inc. d.b.a. Westturf Landscape Management,
15
Inc., a California corporation ("Assignee"). Further, Assignee desired to accept the assignment
16
of Assignor's interest in the Agreement, as may have been amended from time to time, and
18 City consented to the assignment of all interest in the Agreement, as may have been amended
19 from time to time, from the Assignor to the Assignee; and
WHEREAS, on July 15, 2010, the City and Westturf Landscape Management executed
Amendment No. 1 to the Agreement to extend, amend and fund the Agreement for two years,
and Assignor's assignment of the Agreement to and the assumption by Assignee; and
20
21
22
23
24 WHEREAS, on August 14, 2012, the City and Westturf Lanscape Management executed
25 Amendment No. 2 to the Agreement to extend, amend and fund the Agreement for two years;
26 and
27
28
1 WHEREAS, on April 14, 2014, the City and Westturf Landscape Management executed
2 Amendment No. 3 to the Agreement to amend and fund the Agreement; and
3 WHEREAS, the City and Westturf Landscape Management desire to alter the
4 Agreement's scope of work to include the removal and replacement of landscaping and
5 irrigation that was damaged by the 2014 Poinsettia Fire at certain city sites already within the
6 Agreement; and
7 WHEREAS, Section 6 of Part 1 - General Specifications - ofthis Agreement provides the
8 city with the right to award Extra Work to the contractor for new or unforeseen tasks that are
9 not covered by contract unit prices; and
10 WHEREAS, the replacement materials proposed for the projects are consistent in size
11 and species/type with the original construction plans for these sites; and
12 WHEREAS, the landscaping installations will also include best management practices for
13 erosion control (such as straw wattles, silt fences, gravel bags, and bonded hydro-seed), in
14 preparation for the upcoming rainy season; and
15 WHEREAS, the City and Westturf Landscape Management have negotiated and agreed
16 to a Scope of Work and Fee Schedule; and
17 WHEREAS, the City and Westturf Landscape Management desire to amend and fund the
18 Agreement; and
19 WHEREAS, on June 24, 2014 the City Council authorized the Administrative Services
20 Director to appropriate One Million dollars ($1,000,000) from the General Fund to cover the
21 cost of the expenditures related to the Poinsettia Fire as well as temporary repair work and/or
22 clean up occurring within the first 30 days after the end of the incident with ended on May 17,
23 2014 by Resolution No. 2014-157; and
24 WHEREAS, on July 22, 2014 the City Council authorized the Administrative Services
25 Director to appropriate One Million Five Hundred Thousand dollars ($1,500,000) from the
26
27
28
1 General Fund to cover the cost of the expenditures related to permanent repairs needed due to
2 damages related to the Poinsettia Fire by Resolution No. 2014-180; and
3 WHEREAS, Carlsbad Municipal Code Section 3.28.110 provides for an exemption to the
4 normal solicitation process for bids for proposed goods and services when, in the discretion of
5 the awarding authority, the formal bidding practice is impractical, unavailing, impossible, or not
6 in the best interests of the city; and
7 WHEREAS, should formal bidding ofthe remedial work be pursued, there would be a
8 significant delay (90-120 days) prior to the issuance of a notice to proceed to a contractor which
9 would shift the commencement of the work into December - well within the rainy season; and
10 WHEREAS, all ofthe impacted sites have some degree of sloping grades - which have
11 little or no live plant material to serve as erosion control - which may enter the storm drain
12 system and/or onto adjacent properties, ifthe heavy rainy season occurs as forecasted
13 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad,
14 California, as follows that
15
16
17
18 Carlsbad Municipal Code Chapter 3.28 - Purchasing, as the solicitation of bids or
19 proposals for the removal and replacement of fire damaged landscaping and
irrigation services would be impractical, and not in the best interests ofthe city.
3. In addition to those services contained in the Agreement with Westturf Landscape
Management, as may have been amended from time to time. Amendment No. 4 to
amend and fund the Agreement, is hereby approved.
1. The above recitations are true and correct.
2. This remedial work has been determined to be exempt from the provisions of
20
21
22
23
24
25 4. The total annual Agreement amount shall not exceed One Hundred Sixty-Six
26 Thousand, One Hundred Two dollars ($166,102).
27
28
1
2
3
4
5
6
7
8 //
9 //
10
//
11
//
12
13 //
14 //
15 //
16
//
17
//
18
//
19
//
20 //
21 //
22 //
23
//
24
//
25
26 //
27
28
5. This Agreement is funded from the parks & recreation department/parks
maintenance operating budget - general fund, except for Amendment No. 4 which
will be funded by appropriations from Resolution No. 2014-180 for permanent
repairs due to damage from the Poinsettia Fire.
6. The Mayor is authorized to execute Amendment No. 4 on behalf of the City of
Carlsbad.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 26*'' day of August, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)