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HomeMy WebLinkAbout20-Parks and Recreation , ' ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: Resolution authoring execution of Amendment No. I to the Vendor Service Agreement with Service Scape, and an increase not to exceed $64,000 to Contract Nos. 09-050, 09-051, 09-054, and 09-055 issued to Service Scape, to cover the costs of supplemental work in Landscape Maintenance Districts No. "A", "B", "e", and "E", MICC Meeting Date: January 20, 2009 Dept: Parks, Recreation & Community Services Dept. Date: January 9, 2009 Synopsis of Previous Council Action: May 5, 2008 - Council adopted Resolution No. 2008-140, authorizing execution of a Vendor Service Agreement and execution of Contracts for landscape district maintenance services in the amount of$353,085.75 to Service Scape for Assessment District areas "A", "B", "C", "E" & "J". Recommended Motion: Adopt Resolution. Contact person: Ramon Mata Phone: 5233 Supporting data attached: yes Ward: Wards 1,3,4,5&6 FUNDING REQUIREMENTS: Amount: $64,000 Source: \huinrlC: AC:C)Ac:c:mAnt nic:tri~t I=llnrlc: Acct. Description: Various Assessment Districts Finance: Council Notes: 4-(/ .2.009- & Agenda Item No. '2.0 I. ZO-O' , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution ofthe Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No. I to the Vendor Service Agreement with Service Scape, and the Director of Finance to increase the following contracts in an amount not to exceed $64,000 in the aggregate: Contract Nos. 09-050 (Area A - $12,500); 09-051 (Area B - $34,500); 09-054 (Area E - $6,700); and, 09-055 (Area C - $10,300) to Service Scape for supplemental work in Landscape Maintenance District Areas A, B, C, and E. Background: Service Scape has been performing landscape maintenance services under contract for Landscape Maintenance District (LMD) Areas "A", "B", "C", "E" and "J" since mid-May, 2008. During this contract year, there has been an unusual amount of supplemental work required in the various LMD areas. Additionally, in March 2007, there was a significant amount of fire damage in Areas A, B & C, which intersects with the north side of Little Mountain. Area "C " sustained the greatest amount of damage. The Fire Marshal recommended various mitigation measures, as outlined in the attached memo, dated June II, 2007. Subsequently, the fall rains caused significant flood damage/erosion in the bumed areas. There is lag time of up to six months before an accurate assessment on the health of the trees can be made. Supplemental work to address the damage included removal of mud and silt from debris basins, dealing with soil erosion, and replanting the areas damaged by firelflood. It was also necessary to remove burned trees in the buffer zone, as well as to have the contractor trim trees and shrubs to reduce fire liability. In one of several on-site meetings with the Fire Marshal it was noted that the volunteer trees and shrubs, which had flourished in the area and provided fuel for fires, had to be removed. Irrigation systems had to be upgraded to new standards, per the Fire Marshal's recommendation. In reestablishing the parameters set out by the Fire Marshal, some of the buffer zones were extended. In addition, the department took over several landscape maintenance district areas this year that were not anticipated at the time that the contracts were prepared in May. This occurred due to developers who completed projects ahead of the established timeline, resulting in the City taking them over ahead of schedule. The developers are required to prepay an amount equal to one full year of LMD costs; therefore, funding is available to cover the costs of the additional work. However, since the department did not anticipate assuming the districts early, the funding for the contracts was not sufficient to cover the added costs. Area "E" required extensive ground cover replacement, as well as irrigation installation. Staffis requesting authorization to execute Amendment No. I to the Vendor Service Agreement with Service Scape to cover the additional scope of work, and to increase the amounts of the contracts in an amount not to exceed $64,000 to cover the costs associated with the LMD supplemental work. The Vendor has been advised that the City is requesting a 5% reduction in the payment for work performed. Financial Impact: Funding in the amount of$64,000 is available in various Assessment District accounts. Recommendation: Adopt Resolution. SAN BERNARDINO CITY FIRE DEPARTMENT INTEROFFICE MEMORANDUM Subject: Jim Gondos, Parks Project Supervisor Doug Dupree, Fire Marshal j71J LMD Damage Ridgeline Road To: From: Date: June 11, 2007 Copies: file On June 7, 2007, we inspected the damage caused to the LMD on Ridgeline due to the Miramonte fire. As a result the Fire Department is recommending that the palm and pine trees that were identified as severely damaged be removed immediately. The trees that were not heavily damaged by the fire suffered radiate heat that significantly removed the moisture in the trees causing them to dry rapidly. These trees pose an immediate hazard to homes in the area due to this drying effect. You have committed to replanting the area with trees that are fire resistive. Additionally, you have indicated that the LMD on the south side of Ridgeline will be replanted and the irrigation system repaired. This LMD to be replanted with fire resistant ground cover. Any palm trees or pine trees in the LMD may be removed with approval of the resident adjacent to the LMD. 1 have asked to meet you on June 11,2007, at the site to discuss the provisions of this memo to ensure that we are in agreement as to which trees are to be removed. As to the LMD surrounding properties in the valley of the Little Mountain area you have indicated that this will also be replanted with any damaged sprinkler systems repaired. 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. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. I TO THE VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE, AND THE DIRECTOR OF FINANCE TO INCREASE THE FOLLOWING CONTRACTS IN AN AMOUNT NOT TO EXCEED $64,000 IN THE AGGREGATE: CONTRACT NOS. 09-050 (AREA "A" - $12,500); 09-051 (AREA "B"- $34,500); 09-054 (AREA "E" - $6,700); AND 09-055 (AREA "C" - $10,300) ISSUED TO SERVICE SCAPE TO COVER THE COSTS OF SUPPLEMENTAL WORK IN LANDSCAPE MAINTENANCE DISTRICTS AREAS "A", "B", "C,", AND "E". BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the ]nterim City Manager is hereby authorized to execute Amendment No. ] to the Vendor Service Agreement with Service Scapc, a copy of which is attached hereto and incorporated herein as "Attachment] "; and SECTION 2. That the Director of Finance is hereby authorized to increase the following Contracts in an amount not to exceed $64,000 in the aggregate: Contract Nos. 09- 050 (Area "A" - $12,500); 09-051 (Area "B" - $34,500); 09-054 (Area "E" - $6,700); and 09- 055 (Area "C" - $10,300) issued to Service Scape to cover the costs of supplemental work in Landscape Maintenance District Area "A", "B", "C" and "E"; and SECTION 3. That the authorization granted hereunder shall expire and be void and of no further effect if the above referenced Amendment No. I to the Vendor Service Agreement with Service Scape is not executed by both parties and returned to the Office of the City Clerk within 30 days following effective date of the Resolution. III III III III / -;lD-tJ~ =i:t a 0 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO.1 TO THE VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE, AND THE DIRECTOR OF FINANCE TO INCREASE THE FOLLOWING CONTRACTS IN AN AMOUNT NOT TO EXCEED $64,000 IN THE AGGRAGATE: CONTRACT NOS. 09-050 (AREA "A" - $12,500); 09-051 (AREA "B"- $34,500); 09-054 (AREA "E" - $6,700); AND 09-055 (AREA "C" - $10,300) ISSUED TO SERVCE SCAPE TO COVER THE COSTS OF SUPPLEMENTAL WORK IN LANDSCAPE MAINTENANCE DISTRICTS AREAS "A", "B", "C,", AND "E". I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of __. , 2009, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER VACANT KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2009. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: Jame F. Penman, City Attorney '7- A TT ACHMENT 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE This Amendment No.1 to Vendor Service Agreement is entered into on this ~ day of , 2009 by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). REeIT ALS A. On May 5, 2008, Scrvicc Scape and the City of San Bernardino entered into a Vendor Servicc Agreement for landscape maintenance services for Landscape Maintenance District Areas "A", "B", "C" and "'E." B. The CITY and the VENDOR now desire to amend the Agreement to increase the scope of services, as outlined in Exhibit A, "Additional Scope of Services associated with Amendment No. I to Vendor Service Agreement with Service Scape," attached, and the compensation by an amount not to exceed $64,000 for supplemental work performed in Landscape Maintenance District Areas "A", "B", "C" and "E." AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: 1. SCOPE OF SERVICES is hereby amended to include supplemental work as required in the various Landscape Maintenance Districts, as set forth in the "Additional Scope of Services Associated with Amendment No.1 to Vendor Service Agreement with Service Scape" attached hereto and incorporated herein as Exhibit "A". 2. COMPENSA TION AND EXPENSES is amended to increase the amount of compensation by an amount not to exceed $64,000 for supplemental work performed in the following Landscape Maintenance District Areas as follows: Area "A" - $12,500; Area "B" - $34,500; Area "C" - $10,300; and Area "E" - $6,700; and increasing the initial stated compensation amount of $353,085.75 by $64,000, for a total compensation of $417,085.75. AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE 3. All other provisions of the Vendor Service Agreement are reaffirmed as originally stated. IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. SERVICE SCAPE CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES Approved By: Accepted Bv: Mark Weinberg Interim City Manager Title: Date: Date: Approved by Mayor and Common Council Date: January 20, 2009 Item No. Approved as to form: James F. Penman, City Attorney By: Exhibit A Additional Scope of Services Associated with Amendment No.1 To Vendor Service Agreement With Service Scape Pursuant to Resolution No. 2008-] 40. Service Scape has been performing landscape maintenance services under contract for Landscape Maintenance District (LMD) Areas "N'. "B", "C" and "E" since mid-May, 2008. During this contract year there has been an unusual amount of supplemental work required in the landscape maintenance districts, primarily resulting from fire damage, followed by flood damage in Areas "A", "B" and ""C". The Scope of Work is hereby expanded in Areas "A", "B" and "C" to include Supplemental work required to address fire/flood damage including the following: remove mud and silt from debris basins, address soil erosion issues, replant the areas damaged by firelflood, remove burned trees in the buffer zone, and trim trees and shrubs to reduce fire liability. Additionally, remove volunteer trees and shrubs, upgrade irrigation systems to new standards, and extend the buffer zones, per the Fire Marshal's recommendation (Memo from Fire Marshal, dated June 11, 2007, attached). In addition, the Scope of Work is expanded to include supplemental work that has resulted from the City assuming Landscape Maintenance District No. 1041 and No. 1047, as well as an increased area in LMD No. 1036, that were not anticipated at the time that the contracts were prepared in May, 2008, as well as supplemental work in Area "E" involving extensive ground cover replacement and irrigation installation. AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE This Amendment No. I to Vendor Service Agreement is entered into on this _ day of , 2009 by and between Service Scape ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. On May 5. 2008, Service Scape and the City of San Bernardino entered into a Vendor Service Agreement for landscape maintenance services for Landscape Maintenance District Areas "'A", "8", ""C" and "E." B. The CITY and the VENDOR now desire to amend the Agreement to increase the scope of services, as outlined in Exhibit A, "Additional Scope of Services associated with Amendment No.1 to Vendor Service Agreement with Service Scape," attached, and the compensation by an amount not to exceed $64,000 for supplemental work performed in Landscape Maintenance District Areas "'A", "B", "e" and "E." AGREEMENT In consideration of the mutual promises contained in the Vendor Service Agreement, the parties agree as follows: 1. SCOPE OF SERVICES is hereby amended to include supplemental work as required in the various Landscape Maintenance Districts, as set forth in the" Additional Scope of Services Associated with Amendment No. I to Vendor Service Agreement with Service Scape" attached hereto and incorporated herein as Exhibit "A". 2. COMPENSA nON AND EXPENSES is amended to increase the amount of compensation by an amount not to exceed $64,000 for supplemental work performed in the following Landscape Maintenance District Areas as follows: Area "A" - $12,500; Area "B" - $34,500; Area "e" - $ I 0,300; and Area "E" - $6,700; and increasing the initial stated compensation amount of $353,085.75 by $64,000, for a total compensation of $417,085.75. AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT WITH SERVICE SCAPE 3. All other provisions of the Vendor Service Agreement are reaffirmed as originally stated. IN WITNESS THEREOF, the panies hereto have executed the Agreement on the day and date first above written. Accepted By: CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES Approved By: SERVICE SCAPE Title: Mark \\leinberg Interim City Manager Date: Date: Approved by Mayor and Common Council Date: January 20, 2009 Item No. Approved as to form: James F. Penman, City Attorney By: I.~ Exhibit A Additional Scope of Services Associated with Amendment No.1 To Vendor Service Agreement With Service Scape Pursuant to Rcsolution No. 2008-140, Service Scape has been performing landscape maintenance serviccs under contract for Landscape Maintenance District (LMD) Areas "A", "B", "C" and "E" since mid-May, 2008. During this contract year there has been an unusual amount of supplemental work required in the landscape maintenance districts, primarily resulting from fire damage, followed by flood damage in Areas "'A", HB" and "C", The Scope of Work is hereby expanded in Areas "A", "B" and "C" to include Supplemental work required to address firelflood damage including the following: remove mud and silt from debris basins, address soil erosion issues, replant the areas damaged by firelflood, remove burned trees in the buffer zone, and trim trees and shrubs to reduce fire liability. Additionally, remove volunteer trees and shrubs, upgrade irrigation systems to new standards, and extend the buffer zones, per the Fire Marshal's recommendation (Memo from Fire Marshal, dated June II, 2007, attached). In addition, the Scope of Work is expanded to include supplemental work that has resulted from the City assuming Landscape Maintenance District No. 1041 and No. 1047, as well as an increased area in LMD NO.1 036, that were not anticipated at the time that the contracts were prepared in May, 2008, as well as supplemental work in Area "E" involving extensive ground cover replacement and irrigation installation. SAN BE~NARDINO CITY FIRE DEP ART~,'lENT INTEROFFI CE MEMORANDUM Subject: Jim Gondos, Parks Project Supervisor Doug Dupree, Fire Marshal ~ LMD Damage RidgeJine Road To: From: Date: June I L 2007 Copies: file On June 7, 2007, we inspected the damage caused to the LMD on Ridgeline due to the Mirarnonte fire. As a result the Fire Department is recommending that the palm and pine trees that were identified as severely damaged be removed immediately. The trees that were not heavily damaged by the fire suffered radiate heat that significantly removed the moisture in the trees causing them to dry rapidly. These trees pose an immediate hazard to homes in the area due to this drying effect. You have committed to replanting the area with trees that are fire resistive. Additionally, you have indicated that the LMD on the south side of Ridgeline will be replanted and the irrigation system repaired. This LMD to be replanted with fire resistant ground cover. Any palm trees or pine trees in the LMD may be removed with approval of the resident adjacent to the LMD. I have asked to meet you on June 11,2007, at the site to discuss the provisions ofthis memo to ensure that we are in agreement as to which trees are to be removed. As to the LMD surrounding properties in the valley of the Little Mountain area you have indicated that this will also be replanted with any damaged sprinkJer systems repaired.