HomeMy WebLinkAbout06 - Amendment to M/RSA for Landscape Maintenance of Medians and Roadsidese �EvuPpRr
CITY OF
NEWPORT BEACH
<,FORNP City Council Staff Report
October 22, 2019
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Pekar, Landscape Superintendent,
kpekar@newportbeachca.gov
PHONE: 949-644-3197
TITLE: Approval of Amendment No. Three to Maintenance/Repair Services
Agreement with Park West Landscape Maintenance, Inc. for
Landscape Maintenance of Medians and Roadsides (C-5959)
ABSTRACT:
In 2014, the City issued a Request of Proposals (RFP) for landscape maintenance of City
medians and roadsides and selected Park West Landscape Maintenance, Inc. ("Park West")
through the competitive process. The agreement was entered into for an initial three-year term
with the option for three additional one-year extensions. At this time, staff recommends
approval of the third and final one-year extension to allow work to continue through November
30, 2020, at which time a formal RFP process for these landscape maintenance services will
be completed.
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. Three to Maintenance/Repair Services Agreement with Park
West Landscape Maintenance, Inc. for landscape maintenance of medians and roadsides
to extend the term of the agreement for one year and increase the not -to -exceed contract
amount by $2,303,175 for a total not -to -exceed amount of $12,087,966, and authorize the
Mayor and City Clerk to execute the amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this contract. Services will be
expensed to the Medians account, 0109031-811018, and Contract Services account 0109032-
811017, in the Public Works Department operation budget.
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Approval of Amendment No. Three to Maintenance/Repair Services Agreement with
Park West Landscape Maintenance, Inc. for Landscape Maintenance of
Medians and Roadsides (C-5959)
October 22, 2019
Page 2
DISCUSSION:
The current contract with Park West for maintenance of landscaping within City's roadway
medians and roadsides was originally approved by City Council on October 29, 2014, for a
three-year term, with the option for three additional one-year extensions. The first one-year
extension was approved by City Council on September 12, 2017. On September 11, 2018,
City Council approved the second one-year contract extension for a not -to -exceed amount of
$2,247,000 and a total not -to -exceed amount of $9,784,791 over the 5 -year term. This
agreement covers landscaping services and includes plant replacement, trimming, weeding,
fertilizing, mowing, and irrigation maintenance.
In evaluating Park West's prior work and performance over the last year, staff is satisfied with
the level of service and value provided by Park West. Staff also receives many compliments
from the public and other departments regarding their maintenance and customer service.
Additionally, as Park West's supervisors and field staff have developed detailed knowledge
regarding the intricate and vast landscaped areas that make up the contract, there is added
benefit in maintaining continuity with another one-year extension.
At this time, staff recommends approval of the third and final one-year extension for $2,303,175
to allow work to continue through November 30, 2020. This amount reflects the annual cost to
perform the necessary scope of landscape maintenance services at the same level as
approved in 2018, and includes a CPI increase of 2.5% as allowed per the terms of the contract.
With approval on this extension, the total not -to -exceed amount will be $12,087,966 over the
six-year term. Contract services beyond the November 30, 2020, expiration date will be
awarded upon completion of a new formal and competitive RFP process.
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. Three to Maintenance / Repair Services Agreement with Park
West Landscape Maintenance, Inc.
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ATTACHMENT A
AMENDMENT NO. THREE TO
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH PARK WEST LANDSCAPE MAINTENANCE, INC. FOR
LANDSCAPE MAINTENANCE OF MEDIANS AND ROADSIDES
THIS AMENDMENT NO. THREE TO MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. Three") is made and entered into as of this 22nd day of
October, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), 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:
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. On September 11, 2018, City and Contractor entered into Amendment No. Two to
the Agreement ("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.
F. On or about July 24, 2019, Contractor submitted a written request to extend the
Agreement for the third and final one (1) year extension and have the Agreement,
as amended, extended to November 30, 2024.
Parr West Landscape Maintenance, Inc. Page 1 6-3
G. The parties desire to enter into this Amendment No. Three to confirm the extension
of the term of the Agreement, as amended, to November 30, 2020, to increase the
total compensation of the Agreement, as amended, to reflect compensation
payable through November 30, 2020, update the Administration, Conflicts of
Interest, Notices and Claims sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following:
"The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 30, 2420, unless terminated earlier as set forth herein."
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 subcontractor fees, shall not exceed Twelve Million Eighty Seven Thousand Nine
Hundred Sixty Six Dollars and 001100 ($12,087,966.00), 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. Three,
including all reimbursable items and subcontractor fees, in an amount not to exceed Two
Million Three Hundred Three Thousand One Hundred Seventy Five Dollars and
00/100 ($2,303,175.00).
3. ADMINISTRATION
Section 6 of the Agreement is amended in its entirety and replaced with the
following: "This Agreement will be administered by the Public Works Department. City's
Landscape Manager or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement."
4. CONFLICTS OF INTEREST
Section 23 of the Agreement is amended in its entirety and replaced with the
following: "23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seal., which (1) require such persons to disclose any financial interest that may
Park West Landscape Maintenance, Inc. Page 2 6-4
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
23.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section."
5. NOTICES
Section 24,2 is amended in its entirety and replaced with the following:
"24.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at-
Attn: Landscape Manager
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658"
6. CLAIMS
Section 25 is amended in its entirety and replaced with the following:
"25.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to fife a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.)."
Park West Landscape Maintenance, Inc. Page 3 6-5
7. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall he in full force and effect.
[SIGNATURES ON NEXT PAGE]
Park West Landscape Maintenance, Inc. Page 4 6-6
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
A ron C. Harp
City Attorney
ATTEST:
Date:
LZA
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONTRACTOR: PARK WEST
LANDSCAPE MAINTENANCE, INC., a
California corporation
Date:
By:
Leilani I. Brown James P. Tracy
City Clerk Chief Executive Officer 1 Secretary
[END OF SIGNATURES]
Park West Landscape Maintenance, Inc. Page 5 6-7