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RESOLUTION (ID #3014) DOC ID: 3014 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 05/05/2014
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): 1, 3, 4, 5, & 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
Execution of Amendment No. 1 to the Vendor Service Agreements with Inland Empire
Landscape, Service Scape, and Valley Crest Landscape for the Landscape Maintenance on the
City of San Bernardino's Fifty-Eight(58)Landscape Maintenance Districts. (#3014)
Current Business Registration Certificate: Yes
Financial Impact:
Inland Empire Landscape-PO#2014-00000571 -Vendor#616784
Contract Budgeted Amount: $188,196.00
Account No. 254-150-0106-5506-1462
Account Description: LMD Contracts
Amount of Change Order: $63,290.22
Amount of Contract once item is approved: $251,486.22
Service-Scape- PO#2014-00000574 -Vendor# 612427
Contract Budgeted Amount: $214,200.00
Account No. 254-150-0106-5506-1462
Account Description: LMD Contracts
Amount of Change Order: $119,339.56
Amount of Contract once item is approved: $233,539.56
Valleycrest Landscape-PO#2014-00000575 -Vendor# 1818
Contract Budgeted Amount: $60,852.00
Account No. 254-150-0106-5506-1462
Account Description: LMD Contracts
Amount of Change Order: $15,185.47
Amount of Contract once item is approved: $76,037.47
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
3/05/12 The Mayor and Common Council determined that it was advantageous and in the best
interest of the City to contract with professional contractors to perform comprehensive
landscape maintenance with the City of San Bernardino's fifty-eight (58) Landscape
Maintenance Districts (LMD's).
Updated:4/30/2014 by Linda Sutherland A Packet Pg. 224
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8/29/12 Resolution No. 2012-226 was approved, authorizing the City Manager to execute
Vendor Service Agreements with Inland Empire Landscape, Service Scape, and
Valleycrest Landscape to perform comprehensive landscape maintenance on the City of
San Bernardino's fifty-eight(58) Landscape Maintenance Districts.
Backp_round•
The Parks & Recreation Department proceeded with acquiring bids from multiple landscape
contractors and prepared the contracts for Council approval awarding contracts to the lowest
bidders. On August 29, 2012, the Mayor and Common Council adopted Resolution No. 2012-
226, awarding contracts to Inland Empire Landscape, Service Scape, and Valleycrest Landscape
to perform comprehensive landscape maintenance on the fifty-eight(5 8) LMD's.
All LMD related oversight and management functions were transferred from the Parks and
Recreation Department back to the Public Works Department in October 2012, following the
award of contracts. A Notice to Proceed was issued to each contractor on September 25, 2012,
with work to begin on October 1, 2012.
Maintenance responsibilities for the LMD's were previously held by the Parks & Recreation
Department since 2006, using City staff to perform these duties. At the time that Public Works
assumed responsibility for the LMD maintenance activities, it was determined that the planted
material and irrigation within the LMD's needed extensive work to restore them to a condition
that would allow normal maintenance activities to resume. It was determined by City inspectors
that many irrigation components needed to be replaced and plants needed to be completely
removed in some districts,while others needed planting of new plants.
For the first few months of the contract, the contractors had to spend most of their time on the
LMD's getting the irrigation system completely repaired, overgrown vegetation removed, and
getting the landscaping into a condition that would allow normal maintenance. The contracts did
not include provisions for any replacement parts or extra work not specified in the maintenance
contract. Therefore, any item needing to be replaced required a change order to the contract.
Instead of issuing individual change orders for each item needed within each LMD, it was
determined that one overall change order would be issued to each contractor towards the end of
the contract period covering all the extra items and associated costs. The attached resolution
authorizes the contract amendments needed for the additional work beyond the scope of the
current contracts.
In September 2013, all three contractors exercised their option to extend their agreements for an
additional one (1) year at the same price as the initial year described in the agreement.
Valleycrest Landscape exercised its right per their agreement and notified the City that they will
be terminating their contract on April 30, 2014, unless the City would be willing to increase the
monthly amount paid to roughly 36% above the current price. Due to the time required to obtain
new bids and to award a new contract, staff negotiated with Valleycrest to have them continue
providing services for an additional two months beyond their noticed termination. After
negotiations, Valleycrest agreed to continue the monthly maintenance for April and May 2014 at
the same monthly rate, and for June 2014 there would be an increase of 10% to the monthly rate
for their specifically maintained districts. The 10% for June is a total increase amount of
Updated:4/30/2014 by Linda Sutherland A Packet Pg. 225
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3014
$507.10.
Staff is currently proceeding with acquiring bids from multiple landscape contractors for the
LMD areas Valleycrest currently maintain. The bid opening is scheduled for May 6, 2014, and
the winning bids will be brought forward to the Mayor and Common Council for awarding of the
contract(s) in June 2014 before the termination of Valleycrest's contract.
The below table shows the current contract amounts, the total amount to be paid to each
contractor through the end of the fiscal year (which includes all extra work and supplemental
items already completed), the remaining anticipated supplemental repair costs, plus an additional
15% for any overhead or unanticipated work for the remaining of the fiscal year, totaling the
amended amount for each contractor.
Although this amendment adds to the total contract amount for the second year, these additional
costs related to getting the LMD's to maintainable levels are not expected to be ongoing
additional expenses in the future; however, because the contracts are for a base price for
maintenance, any routine repair due to breakage, vandalism, etc., will eventually lead to a change
order at the end of the contract year,but this is not anticipated to be a significant amount.
CONTRACTOR BID AMT AMT TO BE CONTRACT EST. ADDITIONAL TOTAL AMENDED
PAID THRU OVERAGE SUPP. 15%(c) OVERAGE PO AMT
6/30/14 (a) REPAIR AMT(a+b+c)
COSTS
(b)
INLAND $188,196.00 $230,509.92 $ 42,313.92 $12,721.05 $ 8,255.25 $63,290.22 $ 251,486.22
VALLEYCREST $ 60,852.00 $ 66,926.76 $ 6,074.76 $ 7,130.00 $ 1,980.71 $15,185.47 $ 76,037.47
SERVICE-SCAPE $214,200.00 1 $227,817.01 1 $ 13,617.01 1 $ 3,200.00 1 $ 2,522.55 $19,339.56 $ 233,539.56
The attached resolution authorizes the City Manager to execute Amendment No. 1 with Inland
Empire Landscape, Service Scape, and Valleycrest Landscape to perform comprehensive
landscape maintenance on the City of San Bernardino's fifty-eight (58) Landscape Maintenance
Districts.
City Attorney Review:
Supporting Documents:
reso 3014 (PDF)
Updated:4/30/2014 by Linda Sutherland A Packbt;Pg.226
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.
3 1 TO THE VENDOR SERVICE AGREEMENTS WITH INLAND EMPIRE
4 LANDSCAPE, SERVICE SCAPE, AND VALLEY CREST LANDSCAPE FOR THE
LANDSCAPE MAINTENANCE ON THE CITY OF SAN BERNARDINO'S FIFTY
5 EIGHT(58) LANDSCAPE MAINTENANCE DISTRICTS.
6 WHEREAS, the Mayor and Common Council adopted Resolution No. 2012-226 E
7 authorizing the City Manager to execute Vendor Service Agreements with Inland Empire Q
8 Landscape, Service Scape, and Valley Crest Landscape to preform comprehensive landscape
9 maintenance on the City of San Bernardino's fifty-eight (58) Landscape Maintenance T
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10 Districts; and
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WHEREAS, the contract was awarded accordingly to Inland Empire in the amount of °
12 $188,196.00 per year with an option of two additional years, totaling $564,588.00; Service r
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Scape in the amount of$214,200.00 per year with an option of two additional years, totaling Z
14 $642,600.00; and Valley Crest Landscape in the amount of $60,852.00 per year with an E
15 option of two additional years,totaling $182,556.00. d
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
18 SECTION 1. The City Manager is hereby authorized to execute Amendment No. 1 to r
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19 the Vendor Service Agreements with Inland Empire Landscape, attached hereto as Exhibit"I"
20 and incorporated by reference herein; Service Scape, attached hereto as Exhibit "2" and Cl)
21 incorporated by reference herein; and Valley Crest Landscape, attached hereto as Exhibit "Y'
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and incorporated by reference herein, all for landscape maintenance of the City's fifty eight E
23 (58) Landscape Maintenance Districts, specifically described in said Vendor Service r
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24 Agreements.
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26 SECTION 2. The Director of Administrative Services is authorized to increase
27 Purchase Order No. 2014-0000-0571 for Inland Empire Landscape in the amount of
28 $63,290.22,not to exceed a total amount of$251,486.22, for landscape maintenance of the
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I City's specific Landscape Maintenance Districts,
2 SECTION 3. The Director of Administrative Services is authorized to increase
3 Purchase Order No. 2014-0000-0574 for Service Scape in the amount of$19,339.56, not to j
4 exceed a total amount of $233,539.56, for landscape maintenance of the City's specific
5 Landscape Maintenance Districts.
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7 SECTION 4. The Director of Administrative Services is authorized to increase 0
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Purchase Order No. 2014-0000-0575 for Valley Crest Landscape in the amount of
$15,185.47, not to exceed a total amount of $76,037.47, for landscape maintenance of the
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10 City's specific Landscape Maintenance Districts. $
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.
2 1 TO THE VENDOR SERVICE AGREEMENTS WITH INLAND EMPIRE
LANDSCAPE, SERVICE SCAPE, AND VALLEY CREST LANDSCAPE FOR THE
3 LANDSCAPE MAINTENANCE ON THE CITY OF SAN BERNARDINO'S FIFTY
4 EIGHT(58)LANDSCAPE MAINTENANCE DISTRICTS.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting E
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7 thereof,held on the day of , 2014, by the following vote,to wit: °1
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9 Council Members: AYES NAYS ABSTAIN ABSENT y
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The foregoing resolution is hereby approved day of ,2014.
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23 R. CAREY DAVIS,Mayor r
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25 Approved as to form:
GARY D. SAENZ,
26 City Attorney
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2 EXHIBIT "1"
3 Amendment No. 1 to Vendor Service Agreement—
4 Inland Empire Landscape
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2 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT BETWEEN
3 THE CITY OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE
4 THIS AMENDMENT NO. 1 is made and entered into as of May 5, 2014, by and
5 between INLAND EMPIRE LANDSCAPE ("Vendor") and the CITY OF SAN
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6 BERNARDINO ("City"). In consideration of the mutual covenants and conditions set forth �
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7 herein,the parties agree as follows: i
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8 1. This Amendment is made with respect to the following facts and purposes:
9 a. On August 29, 2012, Resolution No. 2012-226 was approved, authorizing
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11 "Vendor Service Agreement between the City of San Bernardino and
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12 Inland Empire Landscape"("Agreement") for$188,196.00.
13 2. Section 2 —Compensation and Expenses of the Agreement is hereby amended to 0 Z
14 increase the amount from $188,196.00 to an amount not to exceed $251,486.22 for
15 the first year renewal (FY 2013/2014).
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16 3. Section 9 — Notices of the Agreement is hereby amended to replace the Parks, N
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18 Public Works Department, 300 North "D" Street, San Bernardino, CA 92418, r
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19 Telephone: (909) 384-5226.
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4. Except for the changes specifically set forth herein, all other terms and conditions o
21 of the Agreement shall remain in full force and effect.
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IN WITNESS THEREOF, the parties hereto have caused this Amendment No. 1 to be
2 executed by and through their respective authorized officers, as of the date first above written.
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4 CITY OF SAN BERNARDINO INLAND EMPIRE LANDSCAPE
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Allen Parker, City Manager E
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9 Approved as to form:
GARY D. SAENZ,
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1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND SERVICE SCAPE
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3 THIS AMENDMENT NO. I is made and entered into as of May 5, 2014, by and
4 between SERVICE SCAPE ("Vendor") and the CITY OF SAN BERNARDINO ("City"). In
5 consideration of the mutual covenants and conditions set forth herein, the parties agree as
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1, This Amendment is made with respect to the following facts and purposes:
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a. On August 29, 2012, Resolution No. 2012-226 was approved, authorizing a
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IN WITNESS THEREOF, the parties hereto have caused this Amendment No. 1 to be
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4 CITY OF SAN BERNARDINO SERVICE SCAPE
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1 EXHIBIT 66399
2 Amendment No. 1 to Vendor Service Agreement—
3 Valley Crest Landscape
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1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND VALLEY CREST LANDSCAPE
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THIS AMENDMENT NO. 1 is made and entered into as of May 5, 2014, by and
3
between VALLEY CREST LANDSCAPE ("Vendor") and the CITY OF SAN
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BERNARDINO ("City"). In consideration of the mutual covenants and conditions set forth
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herein,the parties agree as follows:
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1. This Amendment is made with respect to the following facts and purposes:
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8 a. On August 29, 2012, Resolution No. 2012-226 was approved, authorizing
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the City to enter into that certain agreement with the Vendor entitled
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10 "Vendor Service Agreement between the City of San Bernardino and `00
11 Valley Crest Landscape" ("Agreement")for$60,852.00. o
12 2. Section 2 —Compensation and Expenses of the Agreement is hereby amended to
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14 the first year renewal (FY 2013/2014).
15 3. Section 9 — Notices of the Agreement is hereby amended to replace the Parks,
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17 Public Works Department, 300 North "D" Street, San Bernardino, CA 92418, a
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IN WITNESS THEREOF, the parties hereto have caused this Amendment No. 1 to be
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executed by and through their respective authorized officers, as of the date first above written.
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4 CITY OF SAN BERNARDINO VALLEY CREST LANDSCAPE
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