HomeMy WebLinkAbout05.K- Public Works 5.K
RESOLUTION (ID # 3846) DOC ID: 3846 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 06/15/2015
Prepared by: Ryan Sandoval, (909) 384-
5140
Dept: Public Works Ward(s): 4, 5, 6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 2 to the Vendor Service Agreements with Inland
Empire Landscape and Service Scape for the Landscape Maintenance on the City of
San Bernardino's Landscape Maintenance Districts. (#3846)
Current Business Registration Certificate: Yes
Financial Impact:
Inland Empire Landscape - PO# 2015-00000436 - Vendor# 616784
Contract Budgeted Amount: $188,196.00
Account No. 254-150-0106-5506-1462
Account Description: LMD Contracts
Amount of Change Order: $29,829.88
Amount of Contract once item is approved: $218,025.88
Service-Scape - PO# 2015-00000432 - Vendor# 612427
Contract Budgeted Amount: $214,200.00
Account No. 254-150-0106-5506-1462
Account Description: LMD Contracts
Amount of Change Order: $16,886.00
Amount of Contract once item is approved: $231,086.00
Please note this balance does not indicate available funding. It does not include non-
encumbered recurring 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 58
Landscape Maintenance Districts (LMD's).
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 58 landscape maintenance
districts.
Updated: 6/9/2015 by Georgeann "Gigi" Hanna A Packet Pg. 330
5.K
3846
5/19/14 - Resolution No. 2014-147 was approved, authorizing the City Manager to
execute Amendment No. 1 to the Vendor Service Agreements with Inland
Empire Landscape, Service Scape, and Valley Crest Landscape to increasing
each of their respective purchase orders.
6/16/14 - Resolution No. 2014-171 was approved, awarding a contract to RP
Landscape for the maintenance of LMD's within Area G.
6/16/14 - Resolution No's. 2014-172, 2014-173 & 2014-174 were approved, awarding a
contract to Willowbrook Landscaping for the maintenance of LMD's within Area
H, I & J.
Background:
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 58 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.
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 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
Updated: 6/9/2015 by Georgeann "Gigi" Hanna A I Packet Pg. 331
5K "
3846
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.
Staff proceeded with acquiring bids from multiple landscape contractors for the LIVID
Area's "G", "H", "I", and "J" that Valleycrest maintained. On June 16, 2014, Council
approved the maintenance contracts with RP Landscape (Area "G") and Willowbrook
Landscaping (Area's "H", "I", and "J") which now include any supplemental items,
replacement items and/or extra work required to keep the LMD's up to standard. Since
the final year of the existing contracts for Inland Empire and Service Scape expire in
September 2015, staff is currently in the process of acquiring bids for these LIVID areas
to bring all contracts to Public Works standards and include all supplemental/extra work
items.
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.
CONTRAC BID AMT EST. ADDITIO TOTAL AMEND
TOR AMT TO BE CONTR SUPP. NAL OVERA ED PO
PAID ACT REPAIR 15% (c ) GE AMT
THRU OVERA COSTS AMT
6/30/15 GE (a) (b) (a+b+c)
INLAND $ $ $ $ $ $ $
188,196. 206,535. 18,339,0 7,600.00 3,890.85 29,829. 218,025.
00 03 3 88 88
SERVICE- $ $ $ $ $ $ $
SCAPE 214,200. 225,825. 11,625.9 3057.50 2,202.52 16,886. 231,086.
00 98 8 00 00
Although this amendment adds to the total contract amount for the third 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.
The attached resolution authorizes the City Manager to execute Amendment No. 2 with
Inland Empire Landscape, and Service Scape to perform comprehensive landscape
maintenance on the City of San Bernardino's specific Landscape Maintenance Districts.
City Attorney Review:
Supporting Documents:
Reso Amendment No. 2 (DOC)
Updated: 6/9/2015 by Georgeann "Gigi" Hanna A Packet Pg. 332
5.K
3846
agrmt 3846.Ex.1.InlandEmpire.Landscape (PDF)
agrmt 3846.Ext.2.ServiceScape (PDF)
Property Interest Map (PDF)
Updated: 6/9/2015 by Georgeann "Gigi" Hanna A Packet Pg. 333
5.K.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.
3 2 TO THE VENDOR SERVICE AGREEMENTS WITH INLAND EMPIRE
4 LANDSCAPE AND SERVICE SCAPE FOR THE LANDSCAPE MAINTENANCE ON
THE CITY OF SAN BERNARDINO'S LANDSCAPE MAINTENANCE DISTRICTS.
a�
5 E
WHEREAS, the Mayor and Common Council adopted Resolution No. 2012-226 0-
6
authorizing the City Manager to execute Vendor Service Agreements with Inland Empire
7 ;
Landscape and Service Scape to preform comprehensive landscape maintenance on the City in
8
of San Bernardino's fifty-eight (58) Landscape Maintenance Districts; and
9 =
d
WHEREAS, the Mayor and Common Council adopted Resolution No. 2014-147 >
10
authorizing the City Manager to execute Amendment No. 1 to the Vendor Service Agreement
11 N
12 with Inland Empire Landscape and Service Scape. z°
13 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
14 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
Q
15 SECTION 1. The City Manager is hereby authorized to execute Amendment No. 2 to Cn
a
16 the Vendor Service Agreements with Inland Empire Landscape, attached hereto as Exhibit"1"
17 and incorporated by reference herein, and Service Scape, attached hereto as Exhibit "2" and M
18 incorporated by reference herein, all for the maintenance of the City's specific Landscape `"
6
19 Z
Maintenance Districts, specifically described in said Vendor Service Agreements. _
m
20 E
SECTION 2. The Director of Finance, or designee, is authorized to increase Purchase =
21 E
Order No. 2015-0000-0571 for Inland Empire Landscape in the amount of$29,829.88, not to a
22 w
exceed a total amount of $218,025.88, for landscape maintenance of the City's specific W
23
Landscape Maintenance Districts.
24
SECTION 3. The Director of Finance, or designee, is authorized to increase Purchase r
25 a
26 Order No. 2015-0000-0574 for Service Scape in the amount of$16,886.00, not to exceed a
27 total amount of $231,086.00, for landscape maintenance of the City's specific Landscape
. 28 Maintenance Districts.
1
Packet Pg. 334
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2
TO THE VENDOR SERVICE AGREEMENTS WITH INLAND EMPIRE
3 LANDSCAPE AND SERVICE SCAPE FOR THE LANDSCAPE MAINTENANCE ON
THE CITY OF SAN BERNARDINO'S LANDSCAPE MAINTENANCE DISTRICTS.
4 N
_
5 0
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor a�
6 a
7 and Common Council of the City of San Bernardino at a meeting 0
L
8 thereof, held on the day of , 2015,by the following vote, to wit:
0
9 =
Council Members: AYES NAYS ABSTAIN ABSENT >
10
MARQUEZ
11 N
12 BARRIOS z°
r
13 VALDIVIA E
14
I ✓ SHORETT a
15 NICKEL
16
JOHNSON
17
M
18 MULVIHILL N
0
19 ?
20 Georgeann Hanna, City Clerk
c
21 The foregoing resolution is hereby approved this day of , 2015. a
22 N
d
23
24 R. CAREY DAVIS, Mayor E
City of San Bernardino
0
25 a
Approved as to form:
26 GARY D. SAENZ, City Attorney
27 By:
28
Packet Pg.335
5.K.a
1 EXHIBIT 441"
2 Amendment No. 2 to Vendor Service Agreement—
3 Inland Empire Landscape
4 [ATTACHED] c
aD
5
L
6 a
U
7 >
L
Q
8 s-
o
9 d
10
11 N
O
12
C
d
13
14 E
, a
15
a
16
17 00
M
18 N
O
19
Cl)
20
G
CD
21 a
22
ry
23
a)
24
U
25 a
26
27
28
3
FPacket Pg.336
5.K.a
1 EXHIBIT "2"
2 Amendment No. 2 to Vendor Service Agreement—
3 Service Scape
4 [ATTACHED]
5 �
L
6 a
V
7 L
8 N
O
9
10
J
11 N
O
12
C
d
13 E
14 E
a
15
En
a
16
co
17 CO
M
18 N
O
19 Z
CD
20
21 a
22
23
24 M
U
f4
25 Q
26
27
28
Packet Pg. 337
1 AMENDMENT NO. 2 TO VENDOR SERVICE AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE y
i.i
3 E
m
4 This AMENDMENT NO. 2 is made and entered into as of June 15, 2015, by and between
Q
5 INLAND EMPIRE LANDSCAPE ("Vendor") and the CITY OF SAN BERNARDINO ("City")
6 In consideration of the mutual covenants and conditions set forth herein, the parties agree a: C'n'
L
O
7 follows:
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 the N
10 City to enter into that certain agreement with the Vendor entitled "Vendo3 Z
a..
11 Service Agreement between the City of San Bernardino and Inland Empire E
12 c
Landscape" ("Agreement") for$188,196.00.
13 Q
2. Section 2 — Compensation and Expenses of the Agreement is hereby amended tc U)
14 n,
increase the amount from $188,196.00 to an amount not to exceed $218,025.88 for FY
15 co
2014-2015. M
16 n
17 3. Except for the changes specifically set forth herein, all other terms and conditions of L
18 the Agreement shall remain in full force and effect.
19
CL
20 w
21
c
22
X
W
23 /// v
00
M
24 E
L
25
C
26 /// E
t
27
Q
28
-1-
Packet On.338
1 AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND INLAND EMPIRE LANDSCAPE
d
3 E
m
m
4 IN WITNESS THEREOF, the parties hereto have caused this Amendment No. 2 to be a
5 executed by and through their respective authorized officers, as of the date first above written.
i
6 to
i
O
7 CITY OF SAN BERNARDINO INLAND EMPIRE LANDSCAPE
c
a�
8 0
J
9 By: N
10 Allen Parker, City Manager c
z
11 Its: E
.a
12 =
d
E
13 Q
N
14 Approved as to form:
15 GARY D. SAENZ, City Attorney
co
M
16
a)
Q.
17 ca
By: _� r
18
ca
J
19 L
Q
20 w
c
21 ca
T
22
W
23 Nr
M
24 E
L
25
c
d
26 E
U
27
w
Q
28
2
Packet Pg. 339'
i
- 1 AMENDMENT NO.2 TO VENDOR SERVICE AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND SERVICE SCAPE
3
N
4 This AMENDMENT N0. 2 is made and entered into as of June 15, 2015, by and betweei E
d
5 SERVICE SCAPE ("Vendor") and the CITY OF SAN BERNARDINO ("City"). In consideratior
Q
6 of the mutual covenants and conditions set forth herein, the parties agree as follows:
7 1. This Amendment is made with respect to the following facts and purposes: rn
L
0
8 a. On August 29, 2012, Resolution No. 2012-226 was approved, authorizing the
9 >
City to enter into that certain agreement with the Vendor entitled "Vendor a
10 J
Service Agreement between the City of San Bernardino and Service Scape" N
13
("Agreement")for$214,200. Z
12 c
2. Section 2 — Compensation and Expenses of the Agreement is hereby amended to E
33
increase the amount from $214,200.00 to an amount not to exceed $231,086.00 for FY
14 Q
204-2015. Cn
15
a
16 3. Except for the changes specifically set forth herein, all other terms and conditions of
cfl
3 the Agreement shall remain in full force and effect. M
18 Q-
Cn
U
19
20
21 ///
X
w
22 /// It
00
M
23
L
24
r
c
25 E
t
26
w
Q
27
28
-1-
Packet Pg.340
1 AMENDMENT NO. 2 TO VENDOR SERVICE AGREEMENT BETWEEN
2 THE CITY OF SAN BERNARDINO AND SERVICE SCAPE
3
Vl
C
4 IN WITNESS THEREOF, the parties hereto have caused this Amendment No. 2 to be E
executed by and through their respective authorized officers, as of the date first above written. Q
6 a�
7 CITY OF SAN BERNARDINO SERVICE SCAPE N
L
8 a
9 >
By:
10 Allen Parker, City Manager J
N
11 Its: z
12
E
13
c
m
E
14 Approved as to form: N
15
GARY D. SAENZ, City Attorney a
16 to
00
17 "
By:
CL
18
U
Cn
19
v
20 in
N
21 X
w
cfl
22
Cl)
23 E
L
24 f°
c
25 E
s
L)
26
a
27
28
-2-
Packet Pg..341
III
139
iq
FUT
S
'x
t i _
1
,.:: Q n.°, •" .� .:„• ,,,� 7 ..,. :y:..:. I a§`'•3 =V7 3tC s 3
L a3
r n
,ro
a4
.n
w
197 P'
CITY OF pp t
� d
u¢ A
�� . Council Pro " rity