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HomeMy WebLinkAbout2005-06-07; City Council; 18158; Grounds Landscape & Park Maintenance Servicesn w IT Q, 6 a a .. z 0 F n a m n 2 p! 0 w Q: Q. 8 4 .. z 0 F Li 2 J z 3 0 0 AB# 18,158 MTG. 6/07/05 DEPT. ENG & p2 CITY OF CARLSBADKARLSBAD MUNICIPAL WATER DISTRICT - AGENDA B& I I lY - TITLE: AMENDMENT TO EXTEND AND AMEND DEPT.HdJ CITY ATTY. CITY MGR. AGREEMENT FOR GROUNDS, LANDSCAPE AND PARK MAINTENANCE SERVICES WITH NEW WAY LANDSCAPE AND TREE SERVICES RECOMMENDED ACTION: City of Carlsbad City Council: Adopt Resolution No. 2005-182 to amend and extend the agreement for grounds, landscape, and park maintenance services to New Way Landscape and Tree Services. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. to amend and extend the agreement for grounds, landscape and park maintenance services to New Way Landscape and Tree Services. 1244 ITEM EXPLANATION: The City of Carlsbad Public Works Major Service Area (MSA) is responsible for the maintenance of parks and landscaped facilities such as buildings, reservoirs, and sanitation pump stations throughout the City. Maintenance responsibilities include the care of plants and trees, irrigation systems, ground cover and weed abatement. The contract of these services ensures regular and routine maintenance activities are being performed at City parks and facilities. On July 15, 2004, City Council and the Board of Directors of the Carlsbad Municipal Water District awarded an Agreement to New Way Landscape and Tree Services, Inc., to perform these services for the City of Carlsbad and the Carlsbad Municipal Water District for a one-year period. The City Manager was authorized to extend the Agreement for three additional one-year periods, however the agreement omitted to authorize any additional funds for said extensions. On August 3, 2004, the parties executed Amendment No. 1 to the agreement to include cleaning up individual sites that were below City Standards for a one-time fee. On November 12, 2004, the parties executed Amendment No. 2 to the Agreement to include an additional site (Swim Complex) for ongoing landscape maintenance services for a monthly fee. On February 18, 2005, the parties executed Amendment No. 3 to the Agreement to include performing landscape planting and improvements at the City Hall Complex for a one-time fee. The parties wish to amend the scope of work of the original agreement to include a negotiated fee increase of 2.5% per individual location. The parties wish to correct the omission of funding for extra work as allowed under the scope of work in the original agreement. The parties wish to correct the omission of providing the City Manager authority to authorize funds for any additional extensions granted pursuant to the Agreement. The parties wish to add the Carlsbad Municipal Water District as a party to this contract. I Page 2 of Agenda Bill No. 18,158 ENVIRONMENTAL REVIEW: This Contract is exempt from environmental review as it is not a project as defined in Section 15378 of the CEQA Guidelines. FISCAL IMPACT: The annual maintenance contract totals $21 9,241.60. Of this amount, $1 57,089.70 will be funded from the General Fund operating budget (Parks and Facilities Maintenance) while the remaining balance $62,151.90 will be funded from the Enterprise Fund operating budget (Water and Wastewater). EXHIBITS: 1. City of Carlsbad Resolution No. 2005-182 amendment to amend and extend the agreement for grounds, landscape, and park maintenance services to New Way Landscape and Tree Services. 2. Carlsbad Municipal Water District Resolution No. 1244 amendment to amend and extend the agreement for grounds, landscape, and park maintenance services to New Way Landscape and Tree Services. 3. Amendment No. 4 to extend and amend the agreement for Grounds, Landscape and Park Maintenance Services with New Way Landscape and Tree Services. DEPARTMENT CONTACT: Dale A. Schuck (760) 434-2949, dschu Bci.carlsbad.ca.us 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 E-WlafT I RESOLUTION NO. 2005-l 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO EXTEND AND AMEND AN AGREEMENT FOR GROUNDS, LANDSCAPE, AND PARK MAINTENANCE SERVICES WITH NEW WAY LANDSCAPING AND TREE SERVICES. WHEREAS, on August 3, 2004, the parties executed Amendment No. 1 to the agreement :o include cleaning up individual sites that were below City Standards for a one-time fee; and WHEREAS, on November 12, 2004, the parties executed Amendment No. 2 to the Agreement to include an additional site (Swim Complex) for ongoing landscape maintenance services for a monthly fee; and WHEREAS, on February 18, 2005, the parties executed Amendment No. 3 to the 4greement to include performing landscape planting and improvements at the City Hall Complex for a one-time fee; and WHEREAS, the parties desire to extend the agreement for a period of one (1) year; and WHEREAS, the parties have negotiated and agreed to a supplemental scope of work; and WHEREAS, the City Manager was authorized to extend the Agreement for three (3) additional one-year terms, however the Agreement omitted to authorize any additional funds for said extensions; and WHEREAS, the patties wish to correct that error and wish to authorize funds for any additional extensions granted pursuant to the Agreement; and WHEREAS, sufficient funds are available in the General Fund operating budget to cover the cost of an annual grounds, landscape, and park maintenance agreement; and WHEREAS, the parties wish to add the Carlsbad Municipal Water District as a party to this contract; and WHEREAS, the Amendment No. 4 to extend and amend the Grounds, Landscape, and Parks Maintenance Services Agreement has been prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as fo I lows : 1. That the above recitations are true and correct. 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 2. That Amendment No. 4 to extend and amend the agreement for Grounds, Landscape, and Parks Maintenance Services with New Way Landscaping and Tree Services is hereby approved and the Mayor of the City of Carlsbad is authorized and directed to execute said Agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of June , 2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis %\& CLAUDE A. LEWIS, Mayor ’ HATT HALL, Mayor Pro-Tern ATTEST -4 - LORRAINE M. WOOD, City Clerk (SEAL) 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 RESOLUTION NO. 1244 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) APPROVING AMENDMENT NO. 4 TO EXTEND AND AMEND AN AGREEMENT FOR GROUNDS, LANDSCAPE, AND PARK MAINTENANCE SERVICES WITH NEW WAY LANDSCAPE AND TREE SERVICES. WHEREAS, on August 3, 2004, the parties executed Amendment No. 1 to the agreement to include cleaning up individual sites that were below City Standards for a one-time fee: and WHEREAS, on November 12, 2004, the parties executed Amendment No. 2 to the Agreement to include an additional site (Swim Complex) for ongoing landscape maintenance services for a monthly fee; and WHEREAS, on February 18, 2005, the parties executed Amendment No. 3 to the Agreement to include performing landscape planting and improvements at the City Hall Complex for a one-time fee; and WHEREAS, the parties desire to extend the agreement for a period of one (1) year; and WHEREAS, the parties have negotiated and agreed to a supplemental scope of work; and WHEREAS, the City Manager was authorized to extend the Agreement for three (3) additional one-year terms, however the Agreement omitted to authorize any additional funds for said extensions; and WHEREAS, the parties wish to correct that error and wish to authorize funds for any additional extensions granted pursuant to the Agreement; and WHEREAS, there are sufficient funds available in the Water and Sewer Enterprise Fund budget; and WHEREAS, the parties wish to add the Carlsbad Municipal Water District as a party to this contract; and WHEREAS, the Amendment No. 4 to extend and amend the Grounds, Landscape and Park Maintenance Services Agreement has been prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 1 19 20 21 22 23 24 25 26 27 28 2. That Amendment No. 4 to extend and amend the agreement for Grounds, Landscape, and Park Maintenance Services with New Way Landscape and Tree Services is hereby approved and the President of the Carlsbad Municipal Water District is authorized and directed to execute said Agreement. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 7th day of June , 2005 by the following vote, to wit: AYES: Board Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Board Member Lewis q ;"L\ CLAUDE A."LEflIS:President ' MATT HALL, Vice-president ATTEST $7fbu&S*&u L RRAINE M. WOOD, Secretary (SEAL) AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR GROUNDS, LANDSCAPE AND PARK MAINTENANCE SERVICES (New Way Landscape and Tree Services) * This Amendment No. 4 is entered into and effective as of the 9 day of &aP- , 2005, extending and amending the agreement dated July 08, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and New Way Landscape and Tree Services, ("Contractor") (collectively, the "Parties") for Grounds, Landscape and Park Maintenance Services. RECITALS A. On August 3, 2004, the Parties executed Amendment No. 1 to the Agreement to include cleaning up individual sites that were below City standards for a one time fee; and B. On November 12, 2004, the Parties executed Amendment No. 2 to the Agreement to include an additional site (Swim Complex) for ongoing landscape maintenance services for a monthly fee; and C. On February 18, 2005, the Parties executed Amendment No. 3 to the Agreement to include performing landscape planting and improvements at the City Hall Complex for a one time fee; and D. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee; and E. The Parties desire to alter the scope of work of the Agreement to add a 2.5% negotiated increase to the cost of monthly services for ongoing landscape and maintenance services, which is attached to and incorporated in by this reference as Exhibit "A", Scope of Services and Fee; and F. The Parties desire to extend and fund the Agreement for a period of One Year, ending on July 8, 2006; and G. The City Manager was authorized to extend the Agreement for three (3) additional one-year terms, however the Agreement omitted to authorize any additional funds for said extensions; and H. The Parties wish to correct that error and authorize funds for any additional extensions granted pursuant to the Agreement. I. The Parties wish to amend the Agreement to include CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as (IICMWDI'), NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby City Attorney Approved Version #05.22.01 1 7 extended for a period of One Year ending on July 8, 2006 on an agreed price basis not-to- exceed Two Hundred Nineteen Thousand Two Hundred and Forty-one dollars and Sixty cents ($219,241.60). 2. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 3. The City will pay Contractor for all work associated with those services described in Exhibit "A on an agreed price basis not-to-exceed Twenty-nine Thousand Seven Hundred and Thirty-seven dollars and Sixty cents ($29,737.60) per agreement year. This compensation is included in the $21 9,241.60 authorized in Item No.1. 4. The Contractor will complete all work described in Exhibit "A by July 8, 2006 and by July 8 of all subsequent agreement years. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. The City Manager may extend the Agreement for two additional one-year periods or parts thereof in an amount not to exceed Two Hundred Nineteen Thousand Two Hundred and Forty-One dollars and Sixty cents ($21 9,241.60) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 6. The original agreement and all subsequent amendments are amended to include CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, referred to as ('ICMWDI'), 7. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 8. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. ... ... ... ... ... ... ... ... 2 City Attorney Approved Version #05.22.01 F 9. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: Major MATT HALL, Mayor Pro-Tern ( rid n me/titIe) CARLSBAD MUNICIPAL WATER 7 DISTRICT, a Public Agency organized b, .c!(P &@Jt!Ukfl8, h under the Municipal Water Act of 1911, and a Subsidiary District of the City of (e-mail address) Carlsbad T'h,&r-' By: Presidenf,' -T 6~ -.. MATT HALL, Vice-president E. rc J-h bfa NC~YWLLS 8. (print nameltitle) barn/ ATTEST: (e-mail address) LORRAINE M. WOOD City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president *Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney n 3 City Attorney Approved Version W5.22.01 4 SCOPE OF SERVICES AND FEE The City of Carlsbad and New Way Landscaping and Tree Services have negotiated a 2.5% fee increase for scheduled monthly maintenance services. This negotiated fee increase applies to all areas currently serviced by the Contractor as detailed in the original agreement and subsequent amendments to date. The Contractor shall apply and invoice this increase in accordance with the General Specifications, Section 3.00 Payments and Invoices. This negotiated increase applies to individual locations the contractor currently services. If the City deletes any locations from the locations currently serviced, the contractor shall deduct the 2.5% amount from its invoice in addition to the agreed price for that particular location. This increase is not to exceed Four Thousand Seven Hundred Thirty-seven dollars and Sixty cents ($4,737.60). This negotiated fee increase begins on July 9, 2005. If an increase in compensation for service in succeeding option years is requested, the Contractor must provide detailed supporting documentation to justify the requested rate increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the Contractor’s requested compensation increase. This Agreement’s annual compensation terms may be adjusted by a mutually agreeable amount based on and no greater than the San Diego Consumer Price Index changes over the previous year. Requests for price changes must be made by the Contractor in writing sixty (60) days before the end of the then-current agreement year and is subject to negotiation or rejection by the City. 0 The parties wish to allocate funds for Extra Work in accordance with the General Specifications, Section 6.00 Extra Work, in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00). This Extra Work estimate is based on historical experience is for funding purposes only. The actual payments made to the Vendor will be based on the Vendor’s actual work performed for the City consistent with the terms and conditions of the contract documents, and may be different from the amount estimated above. 4 City Attorney Approved Version #05.22.01 10