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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.
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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
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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.
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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)
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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.
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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
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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.
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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
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City Attorney Approved Version W5.22.01
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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.
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