HomeMy WebLinkAbout2015-01-20; City Council; 21823; Rejecting Bid #15-03 Parks Maintenance Services, Fund Contracts Nissho of California Inc, Westturf Landscape Management IncT
CITY OF CARLSBAD - AGENDA BILL
AB# 21,823 ADOPT A RESOLUTION REJECTING ALL BIDS FROM DEPT. DIRECTOR
MTG. 01/20/2015 REQUEST FOR BID #15-03 r PARKS MAINTENANCE CITY ATTY.
SERVICES, AND APPROVING AMENDMENTS TO CITY MGR
DEPT. P&R AMEND, EXTEND, AND FUND THE EXISTING �•S" �" J
CONTRACTS WITH NISSHO OF CALIFORNIA, INC., AND
WESTTURF LANDSCAPE MANAGEMENT, INC., FOR A
PERIOD OF 180 DAYS TO RE -BID THESE SERVICES
RECOMMENDED ACTION:
Adopt Resolution # 2015-001 , rejecting all bids from Request for Bid #15-03 — Parks
Maintenance Services; approving Amendment #6 to amend, extend and fund the agreement with Nissho
of California, Inc., for Median, Parkway, and Landscape Maintenance Services; and approving Amendment
#5 to amend, extend and fund the agreement with Westturf Landscape Management, Inc., for Parks and
Facilities Landscape Maintenance Services.
ITEM EXPLANATION:
The Parks & Recreation Department currently uses contractors for about three-quarters of the city's parks
maintenance needs. The city has historically contracted out certain parks maintenance services to ensure
the work is being done in the most efficient manner possible while still meeting the city's high quality
standards. The department currently administers contracts with Nissho of California and Westturf
Landscape Management, for grounds maintenance at sites throughout the city, which are both due to
expire on January 22, 2015. The department also administers a contract with West Coast Arborists, Inc.
for trees maintenance at sites throughout the city, which is due to expire on December 8, 2015.
Accomplishing the above maintenance services through best value determined vendors allows the
department to receive high quality trees and grounds maintenance, without the need for the city to
increase internal staffing or purchase and maintain additional specialty equipment.
On October 30, 2014, Request for Bid (RFB) #15-03 — Parks Maintenance Services was advertised for
bid for a 43 day period. The RFB was divided in to five specific work categories: B - Trees; C -
Community Parks & School Athletic Fields; D - Passive Parks & Facilities Landscapes; E - Streetscapes,
Medians & Parkways; and F - Undeveloped Parks, Urban Forests & Trailheads/Planters. Vendors had
the ability to bid on any one or all five of the of work categories.
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
11
REPORT RECEIVED
❑
Page 2
On December 11, 2014, five sealed bids were opened and recorded. None of the five vendors
submitted a bid on all five of the work categories. Nissho, Westturf, and West Coast submitted a bid
on four, three and one work categories, respectively. Western Gardens Landscaping Inc., with which
the department has previous capital construction experience, but no ongoing maintenance services
experience, submitted a bid on one work category. Blue Skies Landscape Management, Inc., with
which the department has no previous maintenance experience, submitted a bid on two work
categories.
The mathematically corrected prevailing wage bid amounts for the five vendors was as follows:
Work Category
B
C
D
E
F
Undeveloped ParkSites,
Community
Passive Parks
Streetscapes,
Urban
Prevailing Wage
Trees
Parks & School
& Facilities
Medians, &
r Fos, &
Forests,
Fo est
Maintenance
Athletic Fields
Landscapes
Parkways
Trail Planter
Maintenance
Maintenance
Maintenance
Maintenance
West Coast
Arborists
$1,113,475.00
Blue Skies
Landscape
$1,039,480.00
$480,472.00
Management
Nissho of
California
$1,715,692.00
$951,920.00
$805,384.00
$293,336.00
Western Gardens'
$430,400.00
Landscaping
Westturf
Landscape
$708,520.76
$768,666.64
$327,932.48
Management
Staff subsequently reviewed the bids, and concluded they were each responsive to the RFB
advertisement. However, on January 5, 2015, Blue Skies withdrew its entire bid from consideration.
Blue Skies had bid on two work categories (i.e., Category C — Community Parks & School Athletic Fields,
and Category E — Streetscapes, Medians, and Parkways).
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After Blue Skies' withdrawal of its bid, the number of bids remaining per work category was as follows:
Work Category
B
C
D
E
F
Undeveloped Park
Community
Passive Parks
Streetscapes,
Sites, Urban
Post Withdrawal
Trees
Parks & School
& Facilities
Medians, &
Forests,
Maintenance
Athletic Fields
Landscapes
Parkways
Trailhe
Maintenance
Maintenance
Maintenance
enon
Mainttenane
ce
Total # of Bids
1
1
2
2
3
Staff performed a standard best value evaluation of each of the bids based on the following pre-
established weighted criteria: cost, ability to provide service, previous performance and references,
quality of service, and unspecified value added offerings. Due to the low number of bids, particularly
after Blue Skies' withdrawal of its bid, staff was unable to conclusively determine a best value vendor in
each of the work categories.
Staff is therefore recommending the City Council's rejection of all bids from the RFB, and proposing to
immediately commence the re -bidding process for parks maintenance services. That re -bidding process
would include an emphasis on soliciting additional qualified vendors to submit competitive bids, which
would then provide staff with a greater comparative base from which to make a best value
determination. It is anticipated that the re -bidding process, and subsequent award of new contracts,
will take up to six months (i.e., 180 days) to complete.
The department wishes to have Nissho and Westturf continue to perform their current respective parks
maintenance services - for the period of time when the existing contracts would ordinarily expire, and
the new contracts could be implemented. Nissho and Westturf have expressed an interest in
continuing to perform these parks maintenance services, at their current rates, for a period of 180 days.
As previously noted, the existing contract with West Coast is due to expire on December 8, 2015.
Therefore, that contract will remain in effect during the above described period.
Staff is therefore recommending the City Council's approval of Amendment #6 to the existing contract
with Nissho forMedian, Parkway, and Landscape Maintenance Services. In like manner, staff is
recommending the City Council's approval of Amendment #5 to the existing contract with Westturf for
(Parks & Facilities Landscape Maintenance Services.
FISCAL IMPACT:
There is no direct fiscal impact associated with the rejection of all bids from RFB #15-03. Sufficient
funds are available in the department's budget to fund the recommended amendments to contracts.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not
require environmental review.
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EXHIBITS:
1. Adopt Resolution # 2015-001 , rejecting all bids from Request for Bid #15-03 — Parks
Maintenance Services.
2. Amendment #6 to amend, extend and fund the agreement with Nissho of California, Inc., for Median,
Parkway, and Landscape Maintenance Services.
3. Amendment #5 to amend, extend and fund the agreement with Westturf Landscape Management,
Inc., for Parks and Facilities Landscape Maintenance Services.
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RESOLUTION NO. 2015-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REJECTING ALL BIDS FROM REQUEST FOR BID #15-03
PARKS MAINTENANCE SERVICES, AND APPROVING AMENDMENTS
TO AMEND, EXTEND, AND FUND THE EXISTING CONTRACTS WITH
NISSHO OF CALIFORNIA, INC., AND WESTTURF LANDSCAPE
MANAGEMENT, INC., FOR A PERIOD OF 180 DAYS TO RE -BID
THESE SERVICES
WHEREAS, the Parks & Recreation Department presently accomplishes approximately
three quarters of its 'parks maintenance services' through contract vendors; and
WHEREAS, the department administers contracts with Nissho of California and Westturf
Landscape Management, for grounds maintenance at sites throughout the city, which are both
due to expire on January 22, 2015; and
WHEREAS, the department also administers a contract with West Coast Arborists, Inc.,
for trees maintenance at sites throughout the city, which is due to expire on December 8, 2015;
and
WHEREAS, accomplishing these maintenance services through best value determined
vendors allows the department to receive high quality trees and grounds maintenance, without
the need for the city to increase internal staffing or purchase and maintain additional specialty
equipment; and
WHEREAS, on October 30, 2014, Request for Bid (RFB) #15-03 — Parks Maintenance
Services - was advertised for bid for a 43 day period; and
WHEREAS, the RFB was divided in to five specific work categories and vendors had the
ability to bid on any one or all five of the of work categories; and
and
WHEREAS, on December 11, 2014, five sealed vendor bids were opened and recorded;
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WHEREAS, none of the five vendors submitted a bid on all five of the work categories,
but rather submitted a bid on only one, two, three, or four categories; and
WHEREAS, Nissho, Westturf, and West Coast submitted bids on four, three and one
work categories, respectively; Western Gardens Landscaping Inc. submitted a bid on one work
category; and Blue Skies Landscape Management, Inc. submitted a bid on two work categories;
and
WHEREAS, staff subsequently reviewed the bids, and concluded they were each
responsive to the RFB advertisement; and
and
WHEREAS, on January 5, 2015, Blue Skies withdrew its entire bid from consideration;
WHEREAS, staff performed a standard best value evaluation of each of the bids based
on pre -established weighted criteria; and
WHEREAS, due to the low number of bids, particularly after Blue Skies' withdrawal of its
bid, staff was unable to conclusively determine a best value vendor in each of the work
categories; and
WHEREAS, staff is therefore recommending the City Council's rejection of all bids from
the RFB, and proposing to immediately commence the re -bidding process for parks
maintenance services; and
WHEREAS, that re -bidding process would include an emphasis on soliciting additional
qualified vendors to submit competitive bids, which would then provide staff with a greater
comparative base from which to make a best value determination; and
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WHEREAS, it is anticipated that the re -bidding process, and subsequent award of new
contracts, will take up to six months (i.e., 180 days) to complete; and
WHEREAS, The department wishes to have Nissho and Westturf continue to perform
their current respective parks maintenance services - for the period of time when the existing
contracts would ordinarily expire, and the new contracts could be implemented; and
WHEREAS, Nissho and Westturf have expressed an interest in continuing to perform
these parks maintenance services, at their current rates, for a period of 180 days; and
WHEREAS, the existing contract with West Coast is due to expire on December 8, 2015.
Therefore, that contract will remain in effect during the above described period; and
WHEREAS, staff is recommending the City Council's approval of Amendment #6 to the
existing contract with Nissho for Median, Parkway, and Landscape Maintenance Services; and
WHEREAS, staff is recommending the City Council's approval of Amendment #5 to the
existing contract with Westturf for Parks & Facilities Landscape Maintenance Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows that:
1. The above recitations are true and correct.
2. All bids from Request for Bid #15-03 — Parks Maintenance Services — are hereby
rejected.
3. Staff is directed to re -bid for Parks Maintenance Services.
4. The Mayor of the City of Carlsbad is hereby authorized to execute Amendment
#6 to the existing contract with Nissho of California, Inc. for Median, Parkway, and
Landscape Maintenance Services.
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5. The Mayor of the City of Carlsbad is hereby authorized to execute Amendment
#5 to the existing contract with Westturf Landscape Management for Parks &
Facilities Landscape Maintenance Services.
6. Sufficient funds are available in the department's budget to fund the I
amendments to these contracts.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 20th day of January, 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood and Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, Clerk
tt.
�x 141$f` 2-
AMENDMENT NO. 6 TO EXTEND, AMEND AND FUND AGREEMENT FOR
MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES
NISSHO OF CALIFORNIA, INC.
This Amendment No. 6 is effective as of the 23 day of January, 2015, extending, amending
and funding the agreement dated January 23, 2008 (the "Agreement") by and between the City
of Carlsbad, a municipal corporation, ("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 additional years, ending on January 22, 2012;
and
B. On January 18, 2012 the Parties executed Amendment No. 2 to the Agreement to
extend, amend and fund the Agreement for two additional years, ending on January 22, 2014;
and
C. On January 22, 2014 the full six -year term, as contemplated by the original
Agreement, would ordinarily expire; and
D. The City conducted a best value evaluation of proposals received from a request
for bids on parks maintenance services, inclusive of median, parkway, and landscape
maintenance services; and
E. On January 14, 2014 the Parties executed Amendment No. 3 to the Agreement to
extend, amend, and fund the Agreement for one additional year, ending on January 22, 2015; and
F. On May 20, 2014, the Parties executed Amendment No. 4 to the Agreement
which amended the Agreement's scope of work to include landscape maintenance services and
improvement work at the State of California owned Tamarack State Beach Upper Picnic
Facilities and Tamarack/Frazee State Beach Coastal Bluff, and to fund the Agreement for these
additional services; and
G. On August 26, 2014, the Parties executed Amendment No. 5 to the Agreement
which again amended the Agreement's scope of work to include the removal and replacement
of landscaping and irrigation that was damaged by the 2014 Poinsettia Fire at certain city sites
already within the Agreement; and
H. On October 30, 2014, the city released Request for Bid (RFB) #15-03 — Parks
Maintenance Services which was advertised for bid for a 43 day period. The RFB was divided
in to five work categories: B - Trees; C - Community Parks & School Athletic Fields; D - Passive
Parks & Facilities Landscapes; E - Streetscapes, Medians & Parkways; and F - Undeveloped
Parks, Urban Forests & Trailheads/Planters; and Bidders had the opportunity to bid on any one
or all five of the of work categories; and
I. Thereafter, the city conducted a best value evaluation of proposals received from
RFB #15-03; and
On January 20, 2015, the city rejected all bids and directed staff to re -bid Park
City Attorney Approved Version #05.22.01
Maintenance Services, in all five work categories; and
K. As a result of the direction to re -bid RFB #15-03, the Parties desire to extend,
amend and fund the Agreement, as amended from time to time, for a period of 180 days, now
ending on July 21, 2015, on the same terms and conditions of the Agreement, as amended from
time to time.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
The above recitals are incorporated herein.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will continue to provide the same services for an additional
180 days, ending on July 21, 2015, unless the July 21, 2015 is extended in writing and with mutual
consent of the parties.
3. City will pay Contractor for those services contained in the Agreement, as may
have been amended from time to time, in an amount not -to -exceed eight hundred forty-six
thousand dollars ($846,000). Contractor will provide City, on a monthly basis, copies of invoices
sufficiently detailed to include hours performed, hourly rates, and related activities and costs for
approval by City.
4. Contractor will complete all work described in the Agreement, as amended from
time to time, by July 21, 2015.
5. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
6. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, shall remain in full force for the
duration of this Amendment.
(Signatures on Following Page)
City Attorney Approved Version #05.22.01
2
7. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
*By:
(Sign here)
Nf5c.A _J IeAmcp
(print name/title)
n616LA @ n►sshnca _ corn .
(e-mail address)
DATED: .Jane /13 - 201
**By: i
(sign here)
(print name/title)
1 Jwx tr tJr (a,
(e-mail address)
DATED:
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: L.ai I) D
MATT -HALL, Mayor
DATED: As
ATTEST:
BARRARAkNGLES
C(*'4�° c
'3a K�
;o 0..
If required by City, proper notary acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice -President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BRE R, City Attorney
Assistant City Attorney
3
City Attorney Approved Version #05.22.01
0
ESC1-(-I$(T 3
AMENDMENT NO. 5 TO EXTEND, AMEND AND FUND THE AGREEMENT FOR PARKS AND
FACILITIES LANDSCAPE MAINTENANCE
SERGIO GRAHAM, INC. D.B.A. WESTTURF LANDSCAPE MANAGEMENT, INC.
This Amendment No. 5 ("Amendment") is effective as of the 23 day of January, 2015,
extending, amending and funding the agreement dated June 10, 2008 (the "Agreement") by and
between the City of Carlsbad, a municipal corporation, ("City"), and Sergio Graham, Inc. d.b.a.
Westturf Landscape Management, Inc., ("Contractor") (collectively, the "Parties") to perform
landscape maintenance work at specified parks, facilities, and trails areas.
RECITALS
A. On June 10, 2008, the City of Carlsbad, 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
B. On July 15, 2010, the Parties executed Amendment No. 1 to the Agreement which,
with the consent of the City, allowed the Agreement to be assigned from Sergio Graham, Inc.
d.b.a. Westturf Landscape Maintenance to Sergio Graham, Inc. d.b.a. Westturf Landscape
Management, Inc., a California corporation. Also, Amendment No. 1 extended and funded the
Agreement, as may have been amended from time to time, for two additional years, effective June
10, 2010 and ending June 9, 2012; and
C. On August 14, 2012, the Parties executed Amendment No. 2 to the Agreement to
extend, amend and fund the Agreement for two years, effective June 10, 2012 and ending June
9, 2014; and
D. On June 10, 2014 the full six -year term, as contemplated by the original
Agreement, would be completed; and
E. Prior to the natural termination of the Agreement, as amended from time to time,
the City conducted a best value operational assessment of the parks and recreation department,
which addressed parks maintenance services, inclusive of parks, facilities, school fields, medians,
parkways, streetscapes, trees, trails, and other landscapes; and
F. On April 14, 2014, the Parties executed Amendment No. 3 to extend the
Agreement from June 10, 2014 to January 22, 2015; and
G. On August 26, 2014, the Parties executed Amendment No. 4 to the Agreement, as
amended from time to time, which amended the Agreement's scope of work to include the removal
and replacement of landscaping and irrigation that was damaged by the 2014 Poinsettia Fire at
certain city sites already within the Agreement; and
H. On October 30, 2014, the city released Request for Bid (RFB) #15-03 — Parks
Maintenance Services which was advertised for bid for a 43 day period. The RFB was divided in
to five work categories: B - Trees; C - Community Parks & School Athletic Fields; D - Passive
Parks & Facilities Landscapes; E - Streetscapes, Medians & Parkways; and F - Undeveloped
Parks, Urban Forests & Trailheads/Planters; and Bidders had the opportunity to bid on any one
or all five of the of work categories; and
City Attorney Approved Version 1 /30/13
!3
I. Thereafter, the city conducted a best value evaluation of proposals received from
RFB #15-03; and
J. On January 20, 2015, the city rejected all bids and directed staff to re -bid Park
Maintenance Services, in all five work categories; and
K. As a result of the direction to re -bid RFB #15-03, the Parties desire to extend,
amend and fund the Agreement, as amended from time to time, for a period of 180 days, now
ending on July 21, 2015, on the same terms and conditions of the Agreement, as amended from
time to time.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
The above recitals are incorporated herein.
2. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will continue to provide the same services for an additional
180 days, ending on July 21, 2015, unless the July 21, 2015 date is extended in writing and with
mutual consent of the parties.
3. City will pay Contractor for those services contained in the Agreement, as may
have been amended from time to time, in an amount not -to -exceed one hundred thirty-four
thousand dollars ($134,000). 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.
4. Contractor will complete all work described in the Agreement, as amended from
time to time, by July 21, 2015.
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 Contractor pursuant to the
Agreement, as may have been amended from time to time, shall remain in full force for the
duration of this Amendment.
(Signatures on Following Page)
City Attorney Approved Version 1/30/13
2
IL�
�V J
7. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment.
CONTRACTOR
CITY OF CARLSBAD, a municipal
corporation of the State of California
B � By:
(sign here) MATT HALL, Mayor
! 1'� �t o �R��� M �FZ�SPc�h► DATED: --- �X-q
(print name/title)
DATED: 1 " i 3 I `f ATTEST:
By: rr
sign here) BARBARA ENGLE
0 AM City Clerk
(print name/title
DATED: 1 ~' Z -5 ` 1
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 Group B
Chairman, Secretary,
.President, or Assistant Secretary,
Vice -President 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:
CEL-J6AC-SK R), City Attorney
BY:
Assistant City Attorney
City Attorney Approved Version 1/30/13