HomeMy WebLinkAbout07 - Approval of Amendment for Landscape Maintenance of Medians and RoadsidesTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 11, 2018
Agenda Item No. 7
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Dan Sereno, Landscape Superintendent
dsereno cr7Oewportbeachca.gov
PHONE: 949-644-3069
TITLE: Approval of Amendment No. 2 to Maintenance/Repair Services
Agreement with Park West Landscape Maintenance, Inc. for
Landscape Maintenance of Medians and Roadsides (C-5959)
ABSTRACT:
Park West Landscape Maintenance, Inc. provides landscape maintenance of City
medians and roadsides. The current agreement allows for one-year term extensions
through 2020. Staff recommends approval of an amendment to Maintenance/Repair
Services Agreement No. 5959 to extend the term and to increase spending authority to
allow work to continue through November 2019.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve Amendment No. 2 to the current Maintenance/Repair Services Agreement
with Park West Landscape Maintenance, Inc. for landscape maintenance of medians
and roadsides to add $2,247,000 to the agreement for a new total not to exceed value
of $9,784,791, extend the contract term to November 30, 2019, and authorize the
Mayor and City Clerk to execute Amendment No. 2 to the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service and expenses will
be charged to the appropriate accounts in the Public Works Department budget.
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Approval of Amendment No. 2 to Maintenance/Repair Services Agreement with
Park West Landscape Maintenance, Inc. for Landscape Maintenance
of Medians and Roadsides (C-5959)
September 11, 2018
Page 2
DISCUSSION:
The current contract for landscape maintenance of medians and roadsides with Park
West Landscape was approved by City Council on October 29, 2014 for a three-year
term. The agreement covers landscaping services to maintain City medians and
roadsides and includes plant replacement, weeding, fertilizing, mowing, and irrigation
maintenance. The agreement also includes the option for three additional one-year
extensions. Park West Landscape has requested to extend the agreement for its second
additional year, changing the expiration date to November 30, 2019. Staff has evaluated
their prior work and service and finds it to meet expectations, and now recommends
extending this contract an additional year.
The agreement includes a fixed annual maintenance cost approximating $1,560,000,
which is then subject to a maximum annual CPI increase of 2.5%. Staff is also
recommending an additional allowance of $687,000 to provide for increased services
related to irrigation repairs, damage from traffic accidents, winter storm preparations and
recovery, and planting of new street trees. Where possible, staff seeks reimbursement
for costs caused by other parties.
To proceed with the second year extension, Public Works requests approval of
Amendment No. 2 to Contract No. 5959 to extend the term one year and increase the
compensation amount by $2,247,000. This action funds regularly scheduled services and
extra work through November 30, 2019 for a total not to exceed value of $9,784,791.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Amendment No. 2
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Attachment A
AMENDMENT NO. TWO TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES
THIS AMENDMENT NO. TWO TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 11th day of
September, 2018 ("Effective Date't by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City'I and PARK WEST LANDSCAPE
MAINTENANCE, INC., a California corporation ("Contractor"), whose address is 22421
Gilberto, Suite A, Rancho Santa Margarita, California 92688, and is made with reference
to the following:
RECITALS
A. On October 29, 2014, City and Contractor entered into a Maintenance/Repair
Services Agreement ("Agreement") for Contractor to perform landscape
maintenance and/or repair services for City ("Project"). The original term of the
Agreement ended on November 30, 2017, subject to three (3) additional one (1)
year extensions. For each one year extension to occur, Contractor must submit a
written request to extend the Agreement at least one hundred twenty (120)
calendar dates prior to the termination date of the current term.
B. On or about May 25, 2017, Contractor submitted a written request to extend the
Agreement for the first one (1) year extension and have the Agreement extended
to November 30, 2018.
C. On September 12, 2017, City and Contractor entered into Amendment No. One to
the Agreement ("Amendment No. One") to confirm the extension of the term of the
Agreement to November 30, 2018, to increase the total compensation of the
Agreement to reflect compensation payable through November 30, 2018, update
the Contractor's Project Manager information, update the Responsibility for
Damages or Injury section of the Agreement, update the contact information for
notices to Contractor, update bonding requirements, and update insurance
requirements.
D. On or about July 16, 2018, Contractor submitted a written request to extend the
Agreement for the second one (1) year extension and have the Agreement, as
amended, extended to November 30, 2019.
E The parties desire to enter into this Amendment No. Two to confirm the extension
of the term of the Agreement as amended, to November 30, 2019, and to increase
the total compensation of the Agreement, as amended, to reflect compensation
payable through November 30, 2019.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following:
1.1 The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 30, 2019, unless terminated earlier as set forth herein.
1.2 The term of this Agreement may be extended up to one (1) time for an
additional one (1) year. Contractor shall submit all requests for extensions or requests for
termination of this Agreement to the Project Administrator as defined in Section 6. All
requests shall be made in writing one hundred twenty (120) calendar days prior to the
termination date of each term or extended term. The failure by Contractor to provide a
written request within the one hundred twenty (120) calendar days prior to the termination
date of each term or extended term shall result in termination of this Agreement."
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable items
and subconstrator fees, shall not exceed Nine Million Seven Hundred Eighty Four
Thousand Seven Hundred Ninety One Dollars and 001100 ($9,784,791.00), without
prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subcontractor fees, in an amount not to exceed Two
Million Two Hundred Forty Seven Thousand Dollars and 001100 ($2,247,000.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Park West Landscape Maintenance, Inc. Page 2 7.4
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 8I;A 1
By:
Karon C. Harp
City Attorney
ATTEST:
Date:
Aal
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: PARK WEST
LANDSCAPE MAINTENANCE, INC., a
California corporation
Date:
By:
Leilani I. Brown James Tracy
City Clerk Chief Executive Officer/ Secretary
[END OF SIGNATURES]
Park West Landscape Maintenance, Inc. Page 3 7-5