HomeMy WebLinkAbout2014-08-26; City Council; Resolution 2014-2101 RESOLUTION NO.2014-210
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT #5 TO AMEND AND FUND
THE AGREEMENT WITH NISSHO OF CALIFORNIA, INC., FOR
4 MEDIAN, PARKWAY, AND LANDSCAPE MAINTENANCE SERVICES
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WHEREAS, on January 23, 2008, the City of Carlsbad (City) and Nissho of California, Inc.
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y (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
Agreement to extend, amend and fund the Agreement for two years; and
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WHEREAS, on January 18, 2012, the City and Nissho executed Amendment No. 2 to the
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Agreement to extend, amend and fund the Agreement for two years; and
j4 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
1^ WHEREAS, on May 20, 2014, the City and Nissho executed Amendment No. 4 to the
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Agreement to amend and fund the Agreement; and
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WHEREAS, the City and Nissho desire to alter the Agreement's scope ofwork to include
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2Q 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
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city with the right to award Extra Work to the contractor for new or unforeseen tasks that are
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not covered by contract unit prices; and
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WHEREAS, the replacement materials proposed for the projects are consistent in size
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2y and species/type with the original construction plans for these sites; and
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1 WHEREAS, the landscaping installations will also include best management practices for
2 erosion control (such as straw wattles, silt fences, gravel bags, and bonded hydro-seed), in
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preparation for the upcoming rainy season; 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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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
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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,
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 of the expenditures related to permanent repairs needed due to
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damages related to the Poinsettia Fire by Resolution No. 2014-180; and
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WHEREAS, Carlsbad Municipal Code Section 3.28.110 provides for an exemption to the
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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
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1 WHEREAS, all of the impacted sites have some degree of sloping grades - which have
2 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:
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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.
3. In addition to those services contained in the Agreement with Nissho, as may have
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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,
Nine Hundred Twenty-four dollars and Four cents ($2,012,924.04).
5. This Agreement is funded from the parks & recreation department/parks
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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
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6. The Mayor is authorized to execute Amendment No. 4 on behalf of the City of
Carlsbad.
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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:
,,v».n&^RBARA ENGLESONTCity Clerk