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2014-08-26; City Council; 21717; Amend Agreements Nissho of California Inc and Westturf Landscape Management; Removal, Replace of Landscaping, Irrigation 2014 Poinsettia Fire
CITY OF CARLSBAD - AGENDA BILL 10 AB# 21,717 AMEND AGREEMENTS WITH NISSHO OF DEPT.DIRECTOR MTG. 08/26/2014 CALIFORNIA INC., AND WESTTURF LANDSCAPE CITY ATTY. DEPT. P&R MANAGEMENT INC., IN THE AMOUNTS OF $455,211 AND $66,102 RESPECTIVELY, FOR THE CITY MGR. REMOVAL AND REPLACEMENT OF LANDSCAPING AND IRRIGATION DAMAGED DURING THE 2014 POINSETTIA FIRE RECOMMENDED ACTION: Amend agreements with Nissho of California Inc., and Westturf Landscape Management Inc., in the amounts of $455,211 and $66,102 respectively, for the removal and replacement of landscaping and irrigation damaged bythe 2014 Poinsettia Fire, and 1. Adopt Resolution # 2014-210 , approving Amendment #5 to amend and fund the agreement with Nissho of California, Inc., for Median, Parkway, and Landscape Maintenance Services, and 2. Adopt Resolution # 2014-211 , approving Amendment #4 to amend and fund the agreement with Westturf Landscape Management, Inc., for Parks and Facilities Landscape Maintenance Services. ITEM EXPLANATION: On May 14, 2014, the Poinsettia Fire erupted in the geographic heart of the City of Carlsbad. The fire originated just south of Alga Norte Community Park, and quickly spread westward before it could ultimately be contained east of Aviara Parkway. The intensity ofthe fire resulted in significant damages to multiple properties within the burn area, including several owned by the City of Carlsbad. In particular, there was damage to portions ofthe landscaping and irrigation within the El Camino Real Medians (between Town Garden Road and Poinsettia Lane), Aviara Community Park, Alga Norte Community Park, the Las Palmas Property, and the Hawthorne Property. The most widespread of these damages was at Aviara Community Park. Nissho of California, Inc. (Nissho) is the city's contractor currently responsible for the landscape maintenance and refurbishment services of, amongst other sites, the El Camino Real Medians, Aviara Community Park, and Alga Norte Community Park. After the completion of a public bid process, and a Best Value evaluation, the city council awarded Nissho the corresponding services agreement on January 23, 2008. Since that date, Nissho has performed to its contractual obligations. 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 • Page 2 Westturf Landscape Management, Inc. (Westturf) is the city's contractor currently responsible forthe landscape maintenance and refurbishment services of, amongst other sites, the Las Palmas Property, and the Hawthorne Property. After the completion of a public bid process, and a Best Value evaluation, the city council awarded Westturf the corresponding services agreement on June 10, 2008. Since that date, Westturf has performed to its contractual obligations. Section 6 of Part 1 - General Specifications - of both of these agreements provides the city with the right to award Extra Work to the contractor for new or unforeseen tasks that are not covered by contract unit prices. The removal and replacement of landscaping and irrigation damaged bythe fire at the above referenced sites qualifies as Extra Work under this provision. Also pursuant to the same section, staff has negotiated with the respective contractors on the pricing of the proposals for the remedial work. The replacement materials identified in the proposals are consistent in size and species/type with the original construction plans for these sites. The landscaping installations will also include best management practices for erosion control (such as straw wattles, silt fences, gravel bags, and bonded hydro-seed), in preparation forthe upcoming rainy season. Carlsbad Municipal Code Section 3.28.060 - Procurement of Professional Services and Services, states: D. Formal Bidding for Services: 1. Formal bidding procedures shall be utilized when the anticipated cost of the services is greater than thirty thousand dollars.... 5. The city council shall be the awarding authority for procurement of services and professional services for which the cost to the city is more than one hundred thousand dollars per agreement year. And, Carlsbad Municipal Code Section 3.28.110- Exemptions, further states: A. Thefollowing procurements, contracts or transactions are exempted, as determined by the awarding authority, from the provisions ofthis chapter: 14. Situations where solicitations of bids or proposals for goods, services and/or professional services would be, in the discretion of the awarding authority, impractical, unavailing, impossible, or not in the best interests of the city. Formal bidding ofthe described remedial work would delay the issuance of a notice to proceed to a contractor by approximately 90-120 days. Both Nissho and Westturf are very familiar with the respective sites for which they currently perform landscape maintenance and refurbishment services. Both firms were able to prepare Extra Work proposals forthe removal and replacement of landscaping and irrigation burned in the fire based on a review of selective pages ofthe sites' landscape and irrigation plans, the general and technical specifications already within the current Agreements, and first-hand knowledge ofthe sites' materials and systems. -7 Page 3 In order for other landscape firms to prepare proposals for the described remedial work, landscape and irrigation plans, general and technical specifications, and bid advertisement documents would need to be compiled by staff. Only upon the conclusion of that compilation, would the balance ofthe formal bidding process be accomplished - i.e.. City Council authorization to advertise for bids; actual advertisement for bids; mandatory pre-bid meeting and field inspections; opening and tabulating of bids; evaluation of bid submittals and reference checks; City Council or City Manager award of agreement (as applicable); agreement execution, licensing and insurance certificate validation; and pre-construction meeting. Nissho's and Westturf's services bids have previously been thoroughly evaluated, the firms have a proven track record with the city as a Best Value services provider for several years, and the firms have met all licensing and insurance certification requirements. Additionally, should formal bidding ofthe described remedial work be pursued, the referenced 90- 120 day delay (prior to the issuance of a notice to proceed to a contractor) would shift the commencement ofthe tasks into December - well within the rainy season. All ofthe impacted sites have some degree of sloping grades - which have little or no live plant material to serve as erosion control, and many forecasters are anticipating a heavy rainy season. The longer these sloping grades remain bare, the greater the potential for erosion into the storm drain system, and/or onto adjacent properties. Delaying the remedial work could put the city at risk of receiving violation notices and fines from the San Diego Regional Water Quality Control Board for failure to adequately prevent storm water pollution. Delaying the remedial work could also place the city in jeopardy of receiving claims from adjacent property owners for impacts associated with inadequate erosion control. Nissho's and Westturf's staff have advised that - should the referenced Extra Work proposals be approved by the end of August, the bulk of the tasks on the city sites could be completed by the beginning ofthe rainy season. Based on the above detail, it would seemingly not be practical, nor in the city's best interests, to proceed with formal bidding ofthe described remedial work. Staff is therefore recommending the City Council determine this remedial work is exempt from the provisions of Carlsbad Municipal Code Chapter 3.28 - Purchasing, as the solicitation of bids or proposals for the removal and replacement of landscaping and irrigation damaged bythe fire would be impractical, and not in the best interests of the city. The total funds needed to address Nissho's removal and replacement proposals for the El Camino Real Medians, Aviara Community Park, and Alga Norte Community Park is $455,211. Staff has prepared Amendment #5 to the agreement with Nissho for the completion of this work (Exhibit 3). Page 4 The total funds needed to address Westturf's removal and replacement proposals for the Las Palmas Property and the Hawthorne Property is $66,102. Staff has prepared Amendment #4 to the agreement with Westturf forthe completion ofthis work (Exhibit 4). FISCAL IMPACT: During the declared State of Emergency for the 2014 Poinsettia Fire, the City Council appropriated $1,000,000 on June 24, 2014 with Agenda Bill No. 21,656 and Resolution No. 2014-157 (Exhibit 5) for emergency cost, and appropriated another $1,500,000 on July 22, 2014 with Agenda Bill No. 21,688 and Resolution No. 2014-180 (Exhibit 6) for permanent repairs to city properties damaged bythe Poinsettia Fire. The estimated costs ofthe removal and replacement work described in this agenda bill were included within these two appropriations. ENVIRONMENTAL IMPACT: These projects are exempt from the California Environmental Quality Act (CEQA). The removal and replacement of landscape and irrigation burned during the 2014 Poinsettia Fire is exempt from CEQA per State CEQA Guidelines Section 15301. EXHIBITS: 1. Resolution # 2014-210 , approving Amendment #5 to amend and fund the agreement with Nissho of California, Inc., for Median, Parkway, and Landscape Maintenance Services 2. Resolution # 2014-211 , approving Amendment #4 to amend and fund the agreement with Westturf Landscape Management, Inc., for Parks and Facilities Landscape Maintenance Services 3. Amendment #5 to amend and fund agreement with Nissho of California, Inc., for Median, Parkway, and Landscape Maintenance Services 4. Amendment #4 to amend and fund the agreement with Westturf Landscape Management, Inc., for Parks and Facilities Landscape Maintenance Services 5. Agenda Bill No. 21,656 and Resolution No. 2014-157 Continuation ofthe Declaration of Local Emergency and Appropriation of Funds Related to the 2014 Poinsettia Fire 6. Agenda Bill No. 21,688 and Resolution No. 2014-180 Terminating the Declaration of Local Emergency and Appropriation of Funds Related to the 2014 Poinsettia Fire for Permanent Repairs 1 RESOLUTION NO. 2014-210 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING AMENDMENT #5 TO AMEND AND FUND THE AGREEMENT WITH NISSHO OF CAUFORNIA, INC., FOR 4 MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES 3 16 17 18 19 20 WHEREAS, on January 23, 2008, the City of Carlsbad (City) and Nissho of California, Inc. 5 6 7 (Nissho) executed an Agreement for Median, Parkway, and Landscape Maintenance Services 8 (Agreement); and 9 WHEREAS, on February 3, 2010, the City and Nissho executed Amendment No. 1 to the 10 Agreement to extend, amend and fund the Agreement for two years; and 11 WHEREAS, on January 18, 2012, the City and Nissho executed Amendment No. 2 to the 12 Agreement to extend, amend and fund the Agreement for two years; and 14 WHEREAS, on January 14, 2014, the City and Nissho executed Amendment No. 3 to the 15 Agreement to extend, amend and fund the Agreement for one year; and WHEREAS, on May 20, 2014, the City and Nissho executed Amendment No. 4 to the Agreement to amend and fund the Agreement; and WHEREAS, the City and Nissho desire to alter the Agreement's scope ofwork to include the removal and replacement of landscaping and irrigation that was damaged by the 2014 21 Poinsettia Fire at certain city sites already within the Agreement; and 22 WHEREAS, Section 6 of Part 1 - General Specifications - of this Agreement provides the 23 city with the right to award Extra Work to the contractor for new or unforeseen tasks that are 24 not covered by contract unit prices; and 25 WHEREAS, the replacement materials proposed for the projects are consistent in size 26 27 and species/type with the original construction plans for these sites; and 28 mm \ 1 WHEREAS, the landscaping installations will also include best management practices for 23 24 25 26 27 28 erosion control (such as straw wattles, silt fences, gravel bags, and bonded hydro-seed), in preparation for the upcoming rainy season; and WHEREAS, the City and Nissho have negotiated and agreed to a Scope of Work and Fee Schedule; and 2 3 4 5 6 7 WHEREAS, the City and Nissho desire to amend and fund the Agreement; and 8 WHEREAS, on June 24, 2014 the City Council authorized the Administrative Services Director to appropriate One Million dollars ($1,000,000) from the General Fund to cover the cost ofthe expenditures related to the Poinsettia Fire as well as temporary repair work and/or clean up occurring within the first 30 days after the end ofthe incident with ended on May 17, 9 10 11 12 j2 2014 by Resolution No. 2014-157; and 14 WHEREAS, on July 22, 2014 the City Council authorized the Administrative Services 15 Director to appropriate One Million Five Hundred Thousand dollars ($1,500,000) from the General Fund to cover the cost ofthe expenditures related to permanent repairs needed due to 17 damages related to the Poinsettia Fire by Resolution No. 2014-180; and 18 WHEREAS, Carlsbad Municipal Code Section 3.28.110 provides for an exemption to the 2Q normal solicitation process for bids for proposed goods and services when, in the discretion of 21 the awarding authority, the formal bidding practice is impractical, unavailing, impossible, or not 22 in the best interests of the city; and WHEREAS, should formal bidding of the remedial work be pursued, there would be a significant delay (90-120 days) prior to the issuance of a notice to proceed to a contractor which would shift the commencement ofthe work into December - well within the rainy season; and 6 1 WHEREAS, all of the impacted sites have some degree of sloping grades - which have 23 24 25 26 27 28 little or no live plant material to serve as erosion control - which may enter the storm drain system and/or onto adjacent properties, ifthe heavy rainy season occurs as forecasted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 2 3 4 5 6 7 1. The above recitations are true and correct. 8 2. This remedial work has been determined to be exempt from the provisions of Carlsbad Municipal Code Chapter 3.28 - Purchasing, as the solicitation of bids or proposals for the removal and replacement of fire damaged landscaping and irrigation services would be impractical, and not in the best interests ofthe city. 9 10 11 12 22 3. In addition to those services contained in the Agreement with Nissho, as may have 14 been amended from time to time. Amendment No. 5 to amend and fund the 15 Agreement, is hereby approved 4. The total annual Agreement amount shall not exceed Two Million Twelve Thousand, 17 Nine Hundred Twenty-four dollars and Four cents ($2,012,924.04) 18 5. This Agreement is funded from the parks & recreation department/parks 2Q maintenance operating budget - general fund, except for Amendment No. 5 which 21 will be funded by appropriations from Resolution No. 2014-180 for permanent 22 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. // 7 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: ,,^,.nB^i^BARA ENGLESOI\hXity Clerk O .•• tUR9«--=" • — ''///lH^^^^ 1 RESOLUTION NO. 2014-211 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, 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 ofthe 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 - of this 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 ofthe 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 of the 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, if the 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 lg 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) ov^'"""/. AMENDMENT NO. 5 TO AMEND AND FUND AGREEMENT FOR MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES NISSHO OF CALIFORNIA, INC. This Amendment No.5 is entered into and effective as of the 26th day of August 2014, 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 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 14, 2014, the Parties executed Amendment No. 3 to the Agreement to extend, amend, and fund the Agreement for one year; and D. On May 20, 2014, the Parties executed Amendment No. 4 to the Agreement to amend and fund the agreement; and E. The Parties desire to alter 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 F. Section 6 of Part 1 - General Specifications - of this Agreement provides the city with the right to award Extra Work to the contractor for new or unforeseen tasks that are not covered by contract unit prices; and G. The replacement materials proposed for the projects are consistent in size and species/type with the original construction plans for these sites; and H. The landscaping installations will also include best management practices for erosion control (such as straw wattles, silt fences, gravel bags, and bonded hydro-seed), in preparation for the upcoming rainy season; and I. The Parties have negotiated and agreed to a scope of work and fee schedule, which is attached and incorporated by reference as Exhibit "A", Scope of Services and Fees; and J. The Scope of Services are to be completed by January 22, 2015. 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 the attached Exhibit "A". With this Amendment No. 5, the total annual Agreement amount shall not exceed Two Million Twelve Thousand Nine Hundred Twenty-four dollars and Four cents ($2,012,924.04). City Attorney Approved Version #05.22.01 2. The City will pay Contractor for those services described in the attached Exhibit "A", on a not-to-exceed basis, an amount of Four Hundred Fifty-five Thousand, Two Hundred Eleven dollars ($455,211). This amount includes a 15% Contingency, to be administered at the sole discretion of the City, for remedial work on yet to be detected fire-related landscaping and irrigation damage at these same sites. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include tasks performed, labor rates, and associated activities and costs for approval by City. 3. The Contractor will complete all work described in Exhibit "A" by January 22, 2015; unless terminated by City. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// City Attorney Approved Version #05.22.01 2 6. 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 (Sign here) (print name/title) (e-mail address) •By: ^ (sign here) (print name/title) (e-mail address) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: BARBARA ENGLESW" City Clerk 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 ( AssistanrUity~Attem©y^ City Attorney Approved Version #05.22.01 EXHIBIT "A" SCOPE OF SERVICES AND FEES Amendment No.5 to Median. Parkwav and Landscape Maintenance Services Agreement Contractor shall provide median, parkway, and landscape maintenance services, in accordance with the original Agreement, on a not-to-exceed basis, a total amount of Four Hundred Fifty-five Thousand, Two Hundred Eleven dollars ($455,211), as follows: Item No. Description NTE Amount 1 El Camino Real Medians - Town Garden Rd. to Poinsettia Ln. Remedial work, related to the removal and replacement of landscaping and irrigation damaged in the 2014 Poinsettia Fire, per itemized Proposal # LC 49 submitted by Nissho, and dated June 19, 2014. $60,410.22 2 Aviara Community Park - Inner Areas Remedial work, related to the removal and replacement of landscaping and irrigation damaged in the 2014 Poinsettia Fire, per itemized Proposal #LC 18 and LC 18-B submitted by Nissho, and dated June 27, 2014. $7,133.83 3 Aviara Community Park - Outer Area Remedial work, related to the removal and replacement of landscaping and irrigation damaged in the 2014 Poinsettia Fire, per itemized Proposal 'Fire Repairs' submitted by Nissho, and dated August 12, 2014. $326,226.75 4 Alga Norte Community Park - Outer Areas Remedial work, related to the removal and replacement of landscaping and irrigation damaged in the 2014 Poinsettia Fire, per itemized Proposal# C 22 submitted by Nissho, and dated July 21, 2014. $2,065.00 5 15% Contingency - Remedial Work Yet To Be Detected $59,735.20 Amendment Not-To-Exceed Total $455,211.00 City Attorney Approved Version 1/30/13 NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, Califomia 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 WORK ORDER LC49 C.O.C. Mestians (7601434-2822 rte.tancMteftt«rtet)ad<a.flo OenlName MMxoiKmi by {Print) AyitK)itzodby(^n) Me Ntesho tntenwl Only Projert Rtoi^jw" f><W) Satoi Rail Ai^MwrM Mn) DET/JLED [X^IMPTION CF WORK TO BE PEtVFCm£!D Xttm tmomai te fer ttw renwation of the B Camino Real MMBans damage dtrog Ww May 2014 Wiwt. The CMy irf Cwl^dwlrenwealKtefnaoedTreetda. Nft^owi remove a^ewsMng SHRUBS and ttwn fti»GtWE Ite beda to a TitoiMr^ toyef by removhn excastw ASH and soU. ^tote then f^laee and ttw Iw^atiwi av^ems (bf 9» (2) meeBaflg: Bw wwHan b8t»ii^ PofcK^ia wd C^ttsto wi have only Ihe damajuwl «>tt*leni rwrioyecl ani mMoe4, The ttMm mnMem thai awey to!:» undwnyd wBI have new redafrnwl taps Inati^ orty. The burrwt vaiw boxes and bt<itrtef irriaatlon ayatema wi also ba wplaced. The momd itwdtoi (not«i df Cagatei) wW have the old dr^a s^wn corotetety remo»«i and refctatnHed usitw neteflm In a 12* arid layrn^. The WaaBon portion of tte propcaal does not hcfade any potenflal damaae thirt b autmiifaee or valve-retated: ar^ fcidin^ of umtefaround darnage m vrtve non^urtaiorwMty will be raported immediately to a dty Inspcaof befcwB repalis are mate. Next. Nteaho wll Plant and Stake new 24' Box trees and plant new shnrtaa. The Oty of CarMiad wil provide mtich and Nis^ of CA wai Wnish mulch each piartter, MATBWIS QTY PRICE TOTAL Iflliiathxi Materiali 1 $3,930.00 1 3.^.00 24' Bm. LiwhoMiTKKi confertus IS $ 312.2B $ 4,883.90 TrM Stakes and Tiea 30 $ n.m $ 40S.90 15 Gallon W^phW^ls Wica 'Pk*. tianom" 594 % 62.4S $ 37.0»5,W3 1 S 2S1.90 $ 251.90 Bocat Rental / Dei«!ry/Fual (2 Days) 1 $ 791.06 $ 7«1.06 mi Ex PtottilMww^uel (1 Dart 1 S $34.93 $ 634.93 10 CY Lowboy CHan^eifDump FM 1 % ^I@J23 s man LABC« RATE TOTAL Detnrttoi Fwwnan • 2 Ls*«W8 m $ 33.00 S I.MO.OO DereoMon EauMnent Opetatw 20 $ 35.00 $ 700.00 Plants Labor 150 $ 33.00 $ 4.850.00 PlantNl Labor C^wator 8 1 35.(XJ 1 260.00 $ 33.00 $ Irr^aBon Latw 96 $ 33.00 $ 3.168.00 Irrigation Tedt 12 S 4500 $ 540 00 $ 35.M S $ 60,410.22 THESE SIGNATURES BELOW CERTIFY THAT THE AREAS HAVE BEEN THOROUGHLY INSPECTED BY THE REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTAUATION IS IN ACCORDANCE WITH THE SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA INC. UNDERSIGNED PLANS OR THE AGREED UPON Nissho of California Representative Print Sign Date aient Representative Pnnt Sign Date NISSHO OF CALIFORNIA, INC. 1902SouthSantaFeAvenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 WORK ORDER LC 18 C.O.C. Paries & Mhools (760) 434-2922 City of Caflsbad Client Phone # Client Name Kyte Lancaster Authorized tjy (Print) email Authorized tjy (Sign) Date Nissho Intemal Only {Maintenance Department) Dennis Campos Pr<^e<a Mana^r (Pnnt) Tom BaW Sale* Approve (Sign) Mgmt ^jproval DETAILED DESCRIPTION OF WORK TO BE PERFORMED This proposal is for the demoiaion and replacetrtent of plant material insMe the fefKed area of Aviara Paf1< ttial was fire damaped. Damaged trees and srtKibs wil t>e removed. New trees and shrubs will be planted, fertilized and stalted fTREES) ^ ^ MATERIALS QTY PRICE TOTAL 5 Gal Pitospwum tejt«ra Variesate" 10 $ 16.68 $ 166.50 5 Gal CIsttB purmirniis 9 $ 16.76 $ 150.84 1 Qal Ster Jasmine 37 $ 5.72 $ 211:64 5 Gal Rphatolws "Pink DanMi" 47 $ 16.65 $ 782,55 1 Gal Rhus ovata 7 $ i,40 $ m.m 24" Box Sdrinus molle 1 $ 260.00 $ 250.00 24" Box Pmus eldarica 2 $ 2»2,00 $ 524.00 FerBllzwTabs 1 $ 100,00 $ 100.00 Tree Steikes and Ties 6 $ 18.75 S 112.50 Nurseiy Deliverv Charqe 1 $ 208.00 $ 208.00 $ - LABOR HRS RATE TOTAL $ Foreman + 2 Laborers Demolition/Planting 96 $ 33 00 $ 3,168.00 $ $ - $ 5.739.83 REPRESENTATIVE. IT HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Print Sign Date Client Representative Print Sign Oate J3 NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista. California 92083 Phone 760.727.9719 Fax 760.727.8706 Ucense #598372 WORK ORDER LC 18-B C.O.C. Partes & Schools Project Name (760) 434-2922 City of Carlstiad Client Photw # /ie.larKa8teracaftst?adC8,.a.o Client Name Lancaster Auttiorl2«i by (Prirrt) email Aulhofized by (Sign) Oate Nissho Intemal Only (Maintenance Depmtmmt) Dennis Campos PfOjed Manager pPttnt) TwriBaird SMis Rap Anirovat (Ogn) Af^wroval DET/MLEO DESCRIPTION OF WORK TO BE PERFORMED This proposal la far ttie demoliton and replacement of 1 Magnolia gandlBora nea ite Tot Lc^ of Aviara Park that ws flre datnag«l. Tha damaged/dead treewlM be removed. The new tee a vwll be planted, fertllizaj mvS staked. MATERIALS QTY PRICE TOTAL $ $ $ $ EaLrfpment 1 $ 548.00 $ 548.00 $ 38" Box Magnolia grwidlflorai 1 $ 697.00 $ ^7.00 $ $ Nursery Dellwry Chame 1 $ mm $ 50.00 $ LABOR HRS RATE TOTAL $ Foreman + 2 Laborers DemoMon/Plantina 3 $ 33.00 $ m.m $ $ 1 GRAND TOTAL $ 1,394.00 REPRESENTATIVE IT HAS BEEN DETERIirtlNED THAT THE INSTALLATION IS IN ACCORDANCE WITH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPEfyCLIENT AND NISSHO OF CALIFORNIA, INC. Nissho of California Representative Print Sign Date Client Representative Print Sign Date August, 12, 2014 Kyle Lcncaster dy of Carisbad Aviara Comnnmity Re: Fire Repairs Proposal Irrigation Replacement (Exclude: wire, clock, mainline) Trees (All 24" Box) Shrubs 5 Gallon 1 Gallon Hydroseed Disposal, Soil Test Amend. Fence work (as agreed) Maintenance / 60 Day Base cut existing stumps and removal Erosion Controi Silt Fence Straw Wattle Sand Bags 106,150 Sq Feet $81.00 Each 295 Each 658 Each 106,154 Sq Feet @$1.75 $240.00 $19.00 $7.00 $0.15 3160 Feet 2800 Feet 350 Bags $1.95 $1.95 $2.95 $ 185,762.50 $19,440.00 $ 5,605.00 $4,606.00 $ 15,923.10 $12,500.00 $43,750.00 $ 2,500.00 $36,915.00 $6,162.00 $ 5,460.00 $1,032.50 Grand Total $ 326,226.75 Scope of work is for the areas outside the fence line surrounding the park. Nissho of California Ed Trotter 1902 Santa Fe Ave. Vista, Ca 92083 1902 SOUTH SANTA FE AVE. NISSHO OF CALIFORNIA, INC. VISTA, CA 92083 • T 760-727-9719 • F 760-727-8706 WWW.NISSH0CA.COM NISSHO OF CALIFORNIA, INC. 1902 South Santa Fe Avenue, Vista, California 92083 Phone 760.727.9719 Fax 760.727.8706 License #598372 m WORK ORDER LC22 Alga Norte Park Cltyof Carlsbad Nissho Internal Only Pio^ Mmm CliertName (Maintenance O^rtment) (760) 434-2922 Kyle Lanca^r ToTtMrd 7-21»t4 CSent Phone # AutKMWt^^'rinO Prt^ect Manager (Print) Date ... ,_,._,„.,..,„.-,„•-. Tom BaW email Authoraed bn (Sign) Data Sates ^i^Kmll (Sgp) M^Apf»w8l DETAILED DESCRIPTION OF WORK TO BE PERFORMED Replacement plant tnateial that was damaged durirq Poinsettia Fire MATERIALS QTY PRICE TOTAL Quercus Enoelmannii 24" box 2.00 $ 350.(X) $ 700.00 Pinus TcMnneyswta 24" box 3.00 $ 350.00 $ t,050.(X3 RhapNolepis Indica "Jack Evans" Saal 10.00 $ 31.60 $ 315,00 - - - - - $ $ $ U«OR HRS RATE TOTAL Included in abow ptitse $ $ ' $ $ $ 2.065.00 REPRESENTATIVE, rf HAS BEEN DETERMINED THAT THE INSTALLATION IS IN ACCORDANCE WHH THE PLANS OR THE AGREED UPON SPECIFICATIONS BY THE DEVELOPER/CLIENT AND NISSHO OF CAUFORNIA, INC. Nissho of California Representative Trriir Sign Date Client Representative Print Sign Date lb AMENDMENT NO. 4 TO EXTEND THE AGREEMENT FOR PARKS AND FACILITIES LANDSCAPE MAINTENANCE SERGIO GRAHAM, INC. D.B.A. WESTTURF LANDSCAPE MANAGEMENT, INC. This Amendment No. 4 ("Amendment") is entered into and effective as ofthe 26th day of August , 2014, extending 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. Section 25 of the Agreement allowed Sergio Graham, Inc. d.b.a. Westturf Landscape Maintenance ("Assignor") to assign rights and obligations under the Agreement, as may have been amended from time to time, upon written approval of City; and C. Assignor desired to assign its interest in the Agreement, as may have been amended from time to time, to Sergio Graham, Inc. d.b.a. Westturf Landscape Management, Inc., a California corporation ("Assignee"). Further, Assignee desired to accept the assignment of Assignor's interest in the Agreement, as may have been amended from time to time, and City consented to the assignment of all interest in the Agreement, as may have been amended from time to time, from the Assignor to the Assignee; and D. On July 15, 2010, the Parties 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 E. On August 14, 2012, the Parties executed Amendment No. 2 to the Agreement to extend, amend and fund the agreement for two years; and F. On April 14, 2014, the Parties executed Amendment No. 3 to extend the agreement from June 9, 2014 to January 22, 2015; and G. The Parties desire to alter 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. Section 6 of Part 1 - General Specifications - of this Agreement provides the city with the right to award Extra Work to the contractor for new or unforeseen tasks that are not covered by contract unit prices; and I. The replacement materials proposed for the projects are consistent in size and species/type with the original construction plans for these sites; and J. The landscaping installations will also include best management practices for City Attorney Approved Version 1/30/13 erosion control (such as straw wattles, silt fences, gravel bags, and bonded hydro-seed), in preparation for the upcoming rainy season; and K. The Parties have negotiated and agreed to a scope of work and fee schedule, which is attached and incorporated by reference as Exhibit "A", Scope of Services and Fees; and L. The Scope of Services are to be completed by January 22, 2015. 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 the attached Exhibit "A". With this Amendment No. 4, the total annual Agreement amount shall not exceed One Hundred Sixty-six Thousand, One Hundred Two dollars ($166,102). 2. The City will pay Contractor for those services described in the attached Exhibit "A", on a not-to-exceed basis, an amount of Sixty-six Thousand, One Hundred Two dollars ($66,102). This amount includes a 15% Contingency, to be administered at the sole discretion of the City, for remedial work on yet to be detected fire-related landscaping and irrigation damage on these same sites. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include tasks performed, labor rates, and associated activities and costs for approval by City. 3. The Contractor will complete all work described in Exhibit "A" by January 22, 2015; unless terminated by City. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// City Attorney Approved Version 1/30/13 6. 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 SERGIO GRAHAM, INC. D.B.A. WESTTURF LANDSCAPE MANAGEMENT, INC. CITY OF CARLSBAD, a municipal corporation of the State of California ''(sign here) (print name/title) ATTEST: "Velnn h (sign^here) (print name/title) BARBARA ENGLESOr 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(s) signing to bind the corporation. APPROVED AS TOFORM: CELIA A. BB^W^pCityy^ttorney jistant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES AND FEES Amendment No.4 to Parks and Facilities Landscape Maintenance Services Agreement Contractor shall provide median, parkway, and landscape maintenance services, in accordance with the original Agreement, on a not-to-exceed basis, a total amount of Sixty-six Thousand, One Hundred Two dollars ($66,102), as follows: Item No. Description NTE Amount 1 Las Palmas Property - Inner Area Remedial work, related to the removal and replacement of landscaping and irrigation damaged in the 2014 Poinsettia Fire, per itemized Proposal # 8750 submitted by Westturf, and dated August 1, 2014.. $26,760.00 2 Hawthorne Property - Inner and Outer Areas Remedial work, related to the removal and replacement of landscaping and irrigation damaged in the 2014 Poinsettia Fire, per itemized Proposal # 8749 submitted by Westturf, and dated August 1, 2014. $30,720.00 3 15% Contingency - Remedial Work Yet To Be Detected $8,622.00 Amendment Not-To-Exceed Total $66,102.00 City Attorney Approved Version 1/30/13 WESTTURF Westturf Landscape P. O. Box 1706 Vista, CA 92085-1706 760-650-3120 760-650-3125 (fax) wvirw.westturf.com Bill To: Proposal City of Carlsbad 1166 Carlsbad Village Carlsbad, CA 92008 Proposal Date: 8/1/2014 Proposal #: 8750 Fax#: 760-434-7185 Acidress Description Hours/Qty. Rate Total Las Palmas Removal of burnt shrubs 450.00 450.00 Installation of 400' of straw waddle, including 388.00 388.00 stakes Irrigation Installation 360' of 2" SCH 40 PVC 360.00 360.00 Mainline Materials 3-2" Rainbird Valves 525.00 525.00 1-1" Quick Coupling 78.00 78.00 4 Hunter Node, battery operated 235.00 235.00 Mainline Installation 360' Ditch excavation 1,565.00 1,565.00 Lay 2" SCH 40, manifold 1,300.00 1,300.00 Pressurize and Backfill 1,105.00 1,105.00 Install 3-2" Valves, 1 Quick Coupler 360.00 360.00 Lateral Materials 17-PGP, 12-CV-R Hunter 510.00 510.00 30-1812 SAM Rainbird 516.00 516.00 1.100'ofClass PVC Pipe 680.00 680.00 Fittings and material for completion of job 331.00 331.00 Lateral Installation Labor 1,100' of ditch excavafion 3,158.00 3,158.00 Laying of PVC pipe class, 1,100' 2,621.00 2,621.00 Installation of fittings and sprinklers 375.00 375.00 Backfill and adjustment of heads, 1,100' 2,200.00 2,200.00 Plant Material 10-5 gallon Oleander 143.00 143.00 50-1 gallon Acacia Redolen 325.00 325.00 72-flats of Myoporum 720.00 720.00 Planting labor 958.00 958.00 8-24" Rhus Lancea, African Sumac 1,672.00 1,672.00 Total: All maierial is guaranteed lo be as specified. All work to be completed in a workmanlike manner according lo slandard policies. Any alteration or deviation from above speciflcation involving extra costs will be executed only upon written orders, and will become an extra charge over and above Ihe estimate. When there is one, terms are subject to Maintenance Contract with Westturf Landscape Management all other proposals are due within 10 days of date invoiced. All agreements contingent upon strikes, accidents or delays beyond our control ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are aulhorized to do the work as specified. Payment will be made as outlined above.Proposal may be withdrawn if not accepted within 30 days. Signature Date Page 1 7l WESTTURF Bill To: Westturf Landscape p. 0. Box 1706 Vista, CA 92085-1706 760-650-3120 760-650-3125 (fax) www.westturf.com Proposal City of Carlsbad 1166 Carlsbad Village Carlsbad, CA 92008 Proposal Date: 8/1/2014 Proposal #: 8750 Fax#: 760-434-7185 Address Description Hours/Qty. Rate Total 1-24" Schinus Mole, California Pepper Tree 209.00 209.00 1-24" Rhus integrifolia. Lemonade Berry 1 209.00 209.00 Sumac 3-24" Salix Laevigata, Willow 627.00 627.00 3-24" Quercas Agrifolia, Coast Live Oak 627.00 627.00 2-24" Eucalyptus Citriadora, Lemon Scented 418.00 418.00 Eucalyptus 24" Box Planting Labor 1,035.00 1,035.00 Mulch Mulch, 2" thick, 60 yards 60 34.00 2,040.00 Mulch Spreading Labor 60 17.00 1,020.00 Total: $26,760.00 All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard pohcies. Any alteration or deviation from above speciflcation involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. When there is one, terms are subject to Maintenance Contraci with Westturf Landscape Management all other proposals are due within 10 days of date invoiced. All agreements contingent upon strikes, accidents or delays beyond our control ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized lo do the work as specified. Payment will be made as outlined above.Proposal may be withdrawn if not accepted within 30 days. Signature Date Page 2 WESTTURF I AvmiMK M \.v.A*;rvii'Vr Bill To: Westturf Landscape P. 0. Box 1706 Vista, CA 92085-1706 760-650-3120 760-650-3125 (fax) www.westturf.com Proposal City of Carlsbad 1166 Carlsbad Village Carisbad, CA 92008 Proposal Date: 8/1/2014 Proposal #: 8749 Fax#: 760-434-7185 Address Description Hours/Qty. Rate Total Hawthorne Removal of all burnt shrubs/trees 1,650.00 1,650.00 Installation of 1,075" of straw waddle, including 1,837.00 1,837.00 stakes Mainline/Irrigation Materials 4-2" Reclaimed Valves 700.00 700.00 4-Reclaimed rectangular boxes 141.00 141.00 4-Hunter Node, battery operated 235.00 235.00 All fittings/materials to complete mainline 140.00 140.00 Mainline Installation Labor for valve Installation 420.00 420.00 Lateral Irrigation materials on existing pipe, 55 Hunter PGP 1,650.00 1,650.00 165 3/4 ST 90 185.00 185.00 Rebar 25 121.00 121.00 Materials to complete lateral 120.00 120.00 Labor for lateral head installation 55 25.00 1,375.00 Plant Materials 2, 24" Eucalyptus Citradura 417.00 417.00 2, 24" Purple Leaf Plum 417.00 417.00 8, 24" Rhus Lancea 1,668.00 1,668.00 Myoporum, 280 flats 2,800.00 2,800.00 Compost, Fertilizer, Stakes 375.00 375.00 Planting labor 4,200.00 4,200.00 Mulch, 2" deep, 200 yards 200 34.00 6,800.00 Mulch, spreading 3,400.00 3,400.00 Chain Link Fence Repair, materials and labor 600.00 600.00 8, 25 gallon Pittosporum 560.00 560.00 Total: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard policies. Any alteration or deviation from above specification involving extra costs will be execuled only upon written orders, and will become an extra charge over and above the estimate. When there is one. terms are subject to Maintenance Contract with Westturf Landscape Management all other proposals are due within 10 days of dale invoiced. All agreements contingent upon strikes, accidents or delays beyond our control ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.Proposal may be withdrawn if not accepted within 30 days. Signature Date Page 1 ^1 WESTTURF T .^^7>s^^^^r \i\S;Vf;r\ir.\T Bill To: Westturf Landscape P. 0. Box 1706 Vista, CA 92085-1706 760-650-3120 760-650-3125 (fax) vww.westturf.com Proposal Proposal Date: 8/1/2014 Proposal #: 8749 Fax#: 760-434-7185 City of Carlsbad 1166 Carlsbad Village Carlsbad, CA 92008 Address Description Hours/Qty. Rate Total 34, 5 gallon Oleander 64, 1 gallon Acacia Redolens 493.00 416.00 493.00 416.00 Totai: $30,720.00 All maierial is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard policies. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. When there is one. terms are subject to Maintenance Contraci with Westturf Landscape Management all other proposals are due within 10 days of date invoiced. All agreements contingent upon strikes, accidents or delays beyond our control ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.Proposal may be withdrawn if not accepted wilhin 30 days. Signature Date Page 2 3d CITY OF CARLSBAD - AGENDA BILL 13 AB# MTG. DEPT. 21,656 6/24/14 CA/ASD/FIN CONTINUNATION OF THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATION OF FUNDS RELATED TO THE 2014 POINSETTIA FIRE DEPT. DIRECTOR CITYATTORNEY CITY MANAGER proclaiming the continuing existence of a local emergency RECOMMENDED ACTION Adopt Resolution No. 2014-157 and appropriating funds.. ITEM EXPLANATION: On May 20, 2014, the City Council adopted a Declaration of Local Emergency recommended by the City Manager due to a brush flre beginning on May 14, 2014. Santa Ana winds and hot temperatures resulted in the rapid spread of the fire, ultimately resulting In evacuations and power outages as well as damage to residential and commercial structures in Carlsbad and around San Diego County. In addition, Califomia Govemor Jerry Brown proclaimed a state of emergency in support of the San Dlego County wildfires. The State proclamation notes that a Federal Management Assistance Grant has been requested and approved by FEMA for the Poinsettia Flre in Carlsbad. Under the Federal Management Assistance Grant program, the Federal Govemment shares the cosi of local fires. There are two types of local emergency. Under Carlsbad Municipal Code (CMC) Chapter 6.04 and the California Emergency Services Act (Govemment Code Sections 8550-8668) the city can declare a local emergency when conditions of extreme peril exist that are beyond the control of the city's services, personnel, equipment, and facilities and the assistance of other political subdivisions is required. State law requires that the City Council review the status of this type of local emergency at least every 30 days. The other type of local emergency Is authorized under CMC 3.28.120 and Califomia Public Contract Code Section 22050 and allows the city to take any directly related and immediate action required by that emergency to procure the necessary equipment, services, and supplies without giving notice for bids to let contracts. This type of local emergency must be reviewed every 14 da^. At the City Council meetings of June 3, 2014 and June 17, 2014 Council proclaimed the continuing existence of the May 20, 2014 Declaration of Local Emergency and staff recommends that the Council continues the emergency as It continues to assess the Impacts of the fire and the need for additional resources within and outside ofthe city's jurisdiction. DEPARTMENT CONTACT. Celia A. Brewer 760-434-2891 celia.brewer@carlsbadca.aov FOR eny CLERKS USE ONLY. COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Bmi&rfS 3f Page 2 At the City Council meeting on June 3, 2014, Council approved the designation and authorization of agents to act on behalf of the city in the processing of disaster claims for the purpose of obtaining certain state/or federal assistance related to the 2014 Poinsettia Fire. There continues to be a need for damage repairs, assessments, mitigation measures, erosion control measures and other measures to further prevent perilous damage and to ensure the health and safety of the citizens of Carisbad. FISCAL IMPACT: Staff is requesting $1,000,000 from the General Fund balance to of^t departmental costs related to the 2014 Poinsettia Flre. The appropriation will cover citywide costs that were incurred during the incident period of the 2014 Poinsettia Fire from May 14, 2014 through May 17, 2014 as well as temporary repairs of damage or clean-up that occunred within the first 30 days after the close of the incident period. Staff will be returning to Council as additional costs related to the incident are identified and quantified. Below is a breakdown of the estimated costs: City of Carisbad Emergency Appropriations for Cost of Poinsettia Flre Fire Suppression (Staff OT/Supplies/Equlpment/Fuel) $ 450,000 EOC & Evacuation Centers (Staff OT/Supplies/Equipment) 50,000 Other Dept. Support (Staff OT/Supplies/Equipment) 250,000 Emergency Repairs 250,000 $ 1,000,000 There Is the potential for partial reimbursement of these costs from either state and/or federal agencies. The degree to which these costs are reimbursable is cunrently unknown and is dependent upon the receipt of the necessary approvals from the state and federal agencies. The total costs to respond to the local emergency are unknown at this time. However, prior to the conclusion of the emergency, the Council will be presented with a full accounting of all costs including all material, labor, regular and professional servrces and If any state and/or federal govemment reimbursement will be available. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt firom CEQA pursuant to CEQA GukJelines section 15269. Pages EXHIBITS: 1. Resolution No. 2014-157 proclaiming the continuing existence of a local emergency and appropriating funds 2. Declaration of Local Emergency dated May 14, 2014 Z3 RESOLUTION NO. 2014-157 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, PROCLAIMING THE CONTINUING EXISTENCE OF A LOCAL EMERGENCY AND APPROPRIATING 4 FUNDS 5 6 WHEREAS, on May 14, 2014 the City Manager of the City of Carlsbad proclaimed 7 the existence of a local emergency due to conditions of extreme peril to the safety of persons and 8 property caused by a wildfire in Carlsbad; and 9 WHEREAS, the City Councii declared a local state of emergency on May 20, 2014, 10 by Resolution No. 2014-104; and 11 WHEREAS, on June 3, 2014 and June 17, 2014 the City Council proclaimed the 1^ continuing existence of a local state of emergency by Resolution No's. 2014-115 and 2014-126; and 1^ WHEREAS, on June 3, 2014 the City Council designated and authorized agents to 1^ act on the behalf of the City of Cartsbad in the processing of disaster claims related to the 2014 1^ Poinsettia Fire by Resolution No. 2014-121; and WHEREAS, in accordance with the laws of the State of Califomia and the laws of the City of Cartsbad, the City Council declares a state of local emergency continues to exist throughout Carlsbad; and WHEREAS, it is the intent of the City Council to seek the maximum aid, comfort and restitution to its citizens who are victims of this calamHy; and WHEREAS, it is the intent of the City Council to do all things necessary to effectuate this intent; and WHEREAS, state law requires the City Council review the need for continuing the state of local emergency every 14 days pursuant to Public Contract code section 22050(c)(1) and the Council shall proclaim the termination of the local emergency at the eariiest possible date that the conditions wanrant; and 17 18 19 20 21 22 23 24 25 26 27 28 1 WHEREAS, the Councii has received the necessary information and update in 2 order to evaluate the continuing need for a local state of emergency; and 3 WHEREAS, even though the fires are out, there is still a need for the state of local 4 emergency to continue requiring damage repairs, assessments and mitigation measures; and 5 WHEREAS, the City of Cartsbad has filed a notice of interest regarding applying 6 for federai and state disaster assistance in conjunction with the Declaration of Local Emergency 7 filed on May 20,2014. 8 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 9 Cartsbad, Califomia, as follows: 1. That the above recitations are tme and connect. 2. A local emergency continues to exist in Cartsbad. 3. That the Administrative Services Director is hereby authorized to appropriate one million doiiars ($1,000,000) from the General Fund to cover the cost of expenditures related to the incident period of May 14, 2014 through May 17, 2014 as well as temporary repair wortt and/or clean-up occurring within the first 30 days after the end of the incident. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 24th day of June 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT ATTEST: T HAIL, Mayor ' >^*.*tlA[fif&ARA ENGLESON,'Citv Clerk xV^^'rSftlW^ ENGLESON,T:ity Clerk 3^ CITY OF CARLSBAD - AGENDA BILL AB# 21.688 TERMINATING THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATION OF FUNDS DEPT. DIRECTOR MTG. 7/22/14 TERMINATING THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATION OF FUNDS CITY ATTORNEY DEPT. CA/ASD/FIN RELATED TO THE 2014 POINSETTIA FIRE FOR PERMANENT REPAIRS CITY MANAGER RECOMMENDED ACTION Adopt Resolution No. appropriating funds. 2014-180 temiinating the continued state of a local emergency and ITEM EXPLANATION: On May 20, 2014, the City Council adopted a Declaration of Local Emergency recommended by the City Manager due to a brush fire beginning on May 14, 2014. Santa Ana winds and hot temperatures resulted in the rapid spread of tiie fire, ultimately resulting in evacuations and power outages as well as damage to residential and commercial structures in Carisbad and around San Diego County. In addition, Califomia Govemor Jerry Brown proclaimed a state of emergency in support; of tiie San Diego County vyildfires. The State proclamation notes that a Federal Management Assistance Grant has been requested and approved by FEMA for the Poinsettia Fire in Carlsbad. Under the Federal Management Assistance Grant program, the Federal Govemment shares the cost of local fires. At the City Council meetings of June 3, 2014, June 17, 2014, June 24, 2014 and July 8, 2014 Council proclaimed the continuing existence of the May 20, 2014 Declaration of Local Emergency. At the City Council meeting on June 10,2014 Council approved the designation and authorization of agents to act on behalf of the city in the processing of disaster claims for the purpose of obtaining certain state and/or federal assistance related to the 2014 Poinsettia Fire. At tiie City Council meeting on June 24, 2014 Council approved the appropriation of $1,000,000 from the General Fund balance to offset departmental costs related to the 2014 Poinsettia Fire. The appropriation covered citywide costs that were incurred during the incident period from May 14, 2014 through May 17,2014 as well as temporary repairs of damage or clean-up that occurred within the first 30 days after the close of the incident. DEPARTMENT CONTACT: Celia A. Brewer 760-434-2891 celia.brewer(a>carisbadca.qov FOR CITY CLERKS USE ONLY. ^ COUNCIL ACTION: APPROVED lfl DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • 37 Page 2 Staff has detemiined that there will be no need to enter into emergency contracts to cover damage repairs, assessments, mitigation measures and erosion control measures to further prevent perilous damage and to ensure the health and safety of the citizens of Carisbad. All of the remaining work can be completed following the contracting requirements of the purchasing ordinance and State law. In addition, staff has found that conditions are now within the control of nomnal protective services, personnel and equipment of the city. FISCAL IMPACT: At its June 24,2014 regular meeting, the City Council appropriated $1,000,000 from the General Fund to offset departmental costs related to tiie 2014 Poinsettia Fire. Staff is requesting an additional $1,500,000 firom the General Fund balance to begin permanent repairs on city owned property that sustained damage from the 2014 Poinsettia Fire. The appropriation will cover costs that will pennanently repair landscaping, buildings and infrastructure damages, as well as open space erosion control at various city locations. Below is a breakdown of the estimated costs for the pemianent repairs: Cityof Carlsbad Appropriations for Permanent Repairs of the Poinsettia Flre Open Space {fencing, erosion control) $ 550,000 Parks & Recreation (landscaping, infrastructure at various locations) 610,000 Public Works (landscaping, building repairs at various locations) 340,000 $ 1,500,000 This will bring the total appropriations associated with the Poinsettia Fire to $2,500,000. There is the potential for partial reimbursement of these cost from either state and/or federal agencies as well as from the city's insurance carrier for damages to city properties. The total costs to respond to the local emergency are unknown at this time. However, prior to the conclusion of the emergency, the Council will be presented with a full accounting of all costs including all material, labor, regular and professional services and if any state and/or federal govemment reimbursement will be available. ENVIRONMENTAL IMPACT: Emergency projects are statutorily exempt from CEQA pursuant to CEQA Guidelines section 15269. EXHIBITS: 1. Resolution No. 2014-180 2. Declaration of Local Emergency dated May 14, 2014 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. 2014-180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TERMINATING THE DECLARATION OF LOCAL EMERGENCY AND APPROPRIATION OF FUNDS RELATED TO THE 2014 POINSETTIA FIRE FOR PERMANENT REPAIRS WHEREAS, on May 14, 2014 the City Manager of the City of Carisbad proclaimed the existence of a local emergency due to conditions of extreme peril to the safety of persons and property caused by a wildfire in Carisbad; and WHEREAS, the City Council declared a local state of emergency on May 20, 2014, by Resolution No. 2014-104; and WHEREAS, on June 3. 2014. June 17. 2014, June 24, 2014 and July 8,2014 the City Council proclaimed the continuing existence of a local state of emergency by Resolution No's. 2014-115, 2014-126. 2014-157 and 2014-170; and WHEREAS, on June 10, 2014 the City Council designated and authorized agents to act on the behalf of the City of Cartsbad in the processing of disaster claims related to the 2014 Poinsettia Fire by Resolution No. 2014-121; and WHEREAS, on June 24, 2014 the City Council authorized the Administrative Services Director to appropriate one million dollars ($1,000,000) from the General Fund to cover the cost of the expenditures related to the Poinsettia Fire as well as temporary repair work and/or clean up occurring within the first 30 days after the end of the incident with ended on May 17. 2014; and WHEREAS, state law requires the City Council review the need for continuing the state of local emergency every 14 days pursuant to Public Contract code section 22050(c)(1) and the Council shall proclaim the termination of the local emergency at the eariiest possible date that the conditions wan-ant; and WHEREAS, the Council has received the necessary infomiation and update in order to evaluate the continuing need for a local state of emergency; and 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 WHEREAS, staff has determined that all remaining contracts for recovery wortt can be completed under the standard purchasing ordinance and in accordance vwth State law there is no longer a need for the continued state of emergency under Public Contract code section 22050; and WHEREAS, the City of Cartsbad has filed a notice of interest regarding applying for federal and state disaster assistance in conjunction with the Declaration of Local Emergency filed on May 20. 2014. NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad, California, as follows: 1. That the above recitations are tme and correct. 2. The declaration of emergency is terminated according to State law. 3. That the Administrative Services Director is hereby authortzed to appropriate one million five hundred thousand dollars ($1,500,000) from the General Fund balance to cover the cost of pennanent repairs related to the Poinsettia Fire. /// /// /// /// /// /// /// /// /// /// /// /// /// 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 CaHsbad on the 22nd day of July 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, Gity Clerk