HomeMy WebLinkAbout2014-01-14; City Council; 21474; Approving Amendment 3 with NIssho for Median, Parkway, Landscape Maintenance for One YearCITY OF CARLSBAD - AGENDA BILL
AB# 21.474 DEPT. DIRECTOR
MTG. 1/14/14 APPROVING AMENDMENT NO. 3 TO AMEND, CITY ATTY. <
DEPT. P&R EXTEND, AND FUND AGREEMENT WITH CITY MGR.
NISSHO OF CALIFORNIA, INC., FOR MEDIAN,
PARKWAY, AND LANDSCAPE MAINTENANCE
SERVICES FOR A PERIOD OF ONE YEAR
RECOMMENDED ACTION:
Adopt Resolution No. 2014-005 approving Amendment No. 3 to amend, extend, and fund
agreement with Nissho of California, Inc., for median, parkway, and landscape maintenance services for
a period of one year, ending on January 22, 2015, on a price basis not-to-exceed Eight Hundred Forty-five
Thousand, Five Hundred Seventy-seven dollars and Four cents ($845,577.04).
ITEM EXPLANATION:
The parks 8i recreation department uses contractual services for the maintenance of many of the
medians, parkways and landscapes throughout the City of Carlsbad. Nissho of California, Inc. (Nissho)
has held an agreement with the city for these services over the past six years. That agreement is due to
expire on January 22, 2014.
The city is presently conducting a best value evaluation of proposals received from a request for
proposals on parks maintenance services (#14-02), inclusive of median, parkway, and landscape
maintenance services. Upon completion of the best value evaluation, the potential award of new service
agreement(s) may be subject to a meet and confer process with the Carlsbad City Employees Association
on any corresponding impacts to full-time staff. A meet and confer process of this nature could take up
to several months to complete.
The parks & recreation department desires to have Nissho continue to perform median, parkway, and
landscape maintenance services for the period of time when the full term of the existing agreement
would ordinarily expire, and the new service agreement(s) could be implemented. Nissho has expressed
an interest in continuing to perform these maintenance services for the above period of time. The
existing agreement also contains a provision whereby either party may terminate the agreement upon
ninety (90) days written notice to the other party, which would remain in effect under an extension of
the agreement.
Staff and Nissho have negotiated and agreed to a scope of work and fee schedule for a one-year
extension ofthe existing agreement. Nissho is prepared to provide the related services ofthe one-year
extension for a total annual amount that shall not exceed Eight Hundred Forty-five Thousand, Five
Hundred Seventy-seven dollars and Four cents ($845,577.04).
DEPARTMENT CONTACT: Kyle Lancaster 760-434-2941 kyle.lancaster@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
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The not to exceed amount account-s of Seven Hundred Eighteen Thousand, Seven Hundred Six dollars
and Forty cents ($718,706.40) will be paid for routine maintenance services per the Agreement
specifications. It also accounts for One Hundred Twenty-six Thousand, Eight Hundred Seventy Thousand
dollars and Sixty-four cents ($126,870.64) for city authorized extra work and additional work [e.g.,
planter enhancement projects, and added sites of service].
FISCAL IMPACT:
This Agreement is funded from the parks & recreation department/parks maintenance operating budget
- general fund. Sufficient appropriations are available to fund the total potential amendment or portions
thereof.
ENVIRONMENTAL IMPACT:
This project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines
Section 15301(h) - minor alteration of existing facilities including landscaping that involves negligible or
no expansion.
EXHIBITS:
1. Resolution No. 2014-005 approving Amendment No. 3 to amend, extend, and fund
Agreement with Nissho of California, Inc., for median, parkway, and landscape maintenance services
for a period of one year.
2. Amendment No. 3 to extend and amend the Agreement for median, parkway, and landscape maintenance
services with Nissho of California, Inc.
1 RESOLUTION NO. 2Q14-QQ5
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 3 TO AMEND,
EXTEND, AND FUND AGREEMENT WITH NISSHO OF CALIFORNIA,
4 INC., FOR MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE
SERVICES FOR A PERIOD OF ONE YEAR
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^ WHEREAS, on February 3, 2010, the City of Carlsbad (City) and Nissho of California, Inc
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(Nissho) executed Amendment No. 1 to the Agreement to extend, amend and fund the
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Agreement for two years; and
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WHEREAS, on January 18, 2012, the City and Nissho executed Amendment No. 2 to the
11 Agreement to extend, amend and fund the Agreement for two years; and
12 WHEREAS, on January 22, 2014, the full six-year term of the Agreement would ordinarily
expire; and
14 . . ^ WHEREAS, the City is presently conducting a best value evaluation of proposals received
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from a request for proposals on parks maintenance services, inclusive of median, parkway, and
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landscape maintenance services; and
18 WHEREAS, upon completion of the best value evaluation, the potential award of new
19 service agreement(s) may be subject to a meet and confer process with the Carlsbad City
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24 WHEREAS, the City desires to have continue to perform median, parkway, and
25 landscape maintenance services for the period of time when the full term of the Agreement
would ordinarily expire, and the new service agreement(s) could be implemented; and
Employees Association on any impacts to full-time staff; and
WHEREAS, a meet and confer process of this nature could take up to several months to
complete; and
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1 WHEREAS, Nissho has expressed an interest in continuing to perform City median,
parkway, and landscape maintenance services for an additional year; and
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WHEREAS, the Agreement contains a provision whereby either party may terminate the
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Agreement upon ninety (90) days written notice to the other party; and
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, WHEREAS, the City and Nissho desire to alter the Agreement's scope of work to include
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7 the maintenance of additional medians, parkways, and landscapes; and
WHEREAS, the City and Nissho desire to extend, amend, and fund the Agreement for a
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period of one year; and
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WHEREAS, the City and Nissho have negotiated and agreed to a scope of work and fee
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schedule; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
14 California, as follows that:
1^ 1. The above recitations are true and correct.
1^ 2. In addition to those services contained in the Agreement with Nissho of
17 California, Inc., as may have been amended from time to time, Amendment No.
lg 3 to amend, extend, and fund the Agreement for median, parkway, and
landscape maintenance services, for a period of one year, is hereby approved.
3. The total annual Agreement amount shall not exceed Eight Hundred Forty-five
Thousand, Five Hundred Seventy-seven dollars and Four cents ($845,577.04).
4. This Agreement is funded from the parks & recreation department/parks
maintenance operating budget - general fund.
5. Sufficient appropriations are available to fund the total potential amendment or
portions thereof.
6. The Mayor is authorized to execute Amendment No. 3 on behalf of the City of
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 14th day of Januarv, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn.
None.
ABSENT: Council Member Douglas.
ATTEST:
/ ^
BARBARA ENGLESON, py Clerk
AMENDMENT NO. 3 TO EXTEND AND AMEND AGREEMENT FOR
MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES
NISSHO OF CALIFORNIA, INC.
is Amendment No.3 is entered into and effective as of the _/ day of
.CLyiJUiJU^-'*^^ , 2014, extending, amending and funding the agreement
date^arliary 23, 2008 ^e "Agreement") by and between the City of Carlsbad, a municipal
corporatiHi, ("City"), and Nissho of California, Inc., ("Contractor") (collectively, the "Parties") to
perform median, parkway, and landscape maintenance services.
RECITALS
A. On February 3, 2010, the Parties executed Amendment No. 1 to the Agreement
to extend, amend and fund the Agreement for two years; and
B. On January 18, 2012, the Parties executed Amendment No. 2 to the Agreement
to extend, amend and fund the Agreement for two years; and
C. On January 22, 2014, the full six-year term of the Agreement would ordinarily
expire; and
D. The City is presently conducting a best value evaluation of proposals received
from a request for proposals on parks maintenance services, inclusive of median, parkway, and
landscape maintenance services; and
E. Upon completion of the best value evaluation, the potential award of new service
agreement(s) may be subject to a meet and confer process with the Carlsbad City Employees
Association on any impacts to full-time staff; and
F. A meet and confer process of this nature could take up to several months to
complete; and
G. The City desires to have Contractor continue to perform median, parkway, and
landscape maintenance services for the period of time when the full term of the Agreement
would ordinarily expire, and the new service agreement(s) could be implemented; and
H. The Contractor has expressed an interest in continuing to perform City median,
parkway, and landscape maintenance services for the above period of time; and
I. The Agreement contains a provision whereby either Party may terminate the
Agreement upon ninety (90) days written notice to the other Party; and
J. The Parties desire to alter the Agreement's scope of work to include the
maintenance of additional medians, parkways, and landscapes; and
K. The Parties desire to extend, amend, and fund the Agreement for a period of
one year, and
L. The Parties have negotiated and agreed to a scope of work and fee schedule,
which is attached to and incorporated by reference as Exhibit "A", Scope of Services and Fees.
City Attorney Approved Version #05.22.01
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein. City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time. Contractor will provide those other services described in Exhibit "A".
With this Amendment, the total annual Agreement amount shall not exceed Eight Hundred
Forty-five Thousand, Five Hundred Seventy-seven dollars and Four cents ($845,577.04) [the
combined sum of paragraphs 2 and 3].
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on an agreed price basis not-to-exceed Fifty-nine Thousand Eight Hundred Ninety-
two dollars and Twenty cents ($59,892.20) per month; which equals Seven Hundred Eighteen
Thousand, Seven Hundred Six dollars and Forty cents ($718,706.40) during this one-year
extension period. 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.
3. City may also pay Contractor on a negotiated price basis for extra/additional work
not-to-exceed One Hundred Twenty-six Thousand, Eight Hundred Seventy Thousand dollars
and Sixty-four cents ($126,870.64), during this one-year extension period.
4. Contractor will complete all work described in Exhibit "A" by January 22, 2015;
unless terminated by City.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. 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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City Attorney Approved Version #05.22.01
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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 Califomia
(Sign here)
(print name/title)
Mayor
ATTEST:
(e-mail address)
^By:
BARBARA ENGLESON"
City Clerk
(sign here)
(print name/title)
(e-mail address)
If required by City, proper notaries 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(s) signing to bind the corporation.
APPROVED AS TO FORM:
Celia A. BreWeCjgty Attoijney
Anni'.tnnt City Attnrn"^
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES AND FEES
Amendment No. 3 to Median. Parkway and Landscape Maintenance Services Agreement
Contractor shall provide median, parkway, and landscape maintenance services, in accordance
with the original Agreement, on an agreed price basis not-to-exceed Fifty-nine Thousand Eight
Hundred Ninety-two dollars and Twenty cents ($59,892.20) per month, and Seven Hundred
Eighteen Thousand, Seven Hundred Six dollars and Forty cents ($718,706.40) during this one-
year extension period.
Item No. Description Monthly
Price
Annual
Price
1 Citywide Medians $15,252.60 $183,031.20
2 Citywide Parkways $5,134.00 $61,608.00
3 Citywide Roadsides $7,623.00 $91,476.00
4 Citywide Interchanges $383.00 $4,956.00
5 Cannon Park $949.00 $11,388.00
6 El Fuerte Park $3,000.00 $36,000.00
7 Zone 5 Park $1,119.00 $13,428.00
8 Aviara Oaks Middle School $2,500.00 $30,000.00
9 Buena Vista Elementary School $1,385.00 $16,620.00
10 Carlsbad High School Slopes $414.84 $4,978.08
11 Jefferson Elementary School $1,400.00 $16,800.00
12 La Costa Heights Elementary School $1,360.00 $16,320.00
13 Magnolia Elementary School $2,025.00 $24,300.00
14 Valley Middle School $1,335.00 $16,020.00
15 Ann D. L'Hueruex Dog Park $155.00 $1,860.00
16 Car Country Park $325.00 $3,900.00
17 Hosp Grove Park $487.00 $5,844.00
18 Maxton Brown Park $308.00 $3,696.00
19 Oak Park $56.00 $672.00
20 Pio Pico Park $87.00 $1,044.00
21 Skate Park $343.00 $4,116.00
City Attorney Approved Version 1/30/13
22 Laguna Riviera Park $1,375.06 $16,500.72
23 Cadencia Park $640.00 $7,680.00
24 Hidden Canyon Park $720.00 $8,640.00
25 Carlsbad High School Tennis Courts $162.00 $1,944.00
26 Magee Park $782.00 $9,384.00
27 Alga Norte Park $6,872.00 $82,464.00
28 Ocean Street Sculpture Park $965.00 $11,580.00
29 Downtown Streetscapes/Beach Accesses $2,735.00 $32,820.00
Total $59,892.20 $718,706.40
City Attorney Approved Version 1/30/13 0