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Home My WebLink About23 - Approve Amendment to the Landscape Agreement for Parks and Facilities MaintenanceCTY OF F NEWPORT BEACH City Council Staff Report May 26, 2015 Agenda Item No. 23 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Acting Municipal Operations Department Director — (949) 644 -3055, mpisani @newportbeachca.gov PREPARED BY: Dan Sereno, Landscape Manager PHONE: (949) 644 -3069 TITLE: Approve Amendment No. One to the Landscape Agreement for Parks and Facilities Maintenance with Pinnacle Landscape Company ABSTRACT: In July 2013, the City Council approved an agreement for the maintenance of parks and facilities with Pinnacle Landscaping Company. Since that time, the City Council approved additional funds in the Maintenance Operations Department budget for park renovations for Fiscal Year 2014 -15 and funding is again included in the proposed FY 2015 -16 Budget. This additional work requires an increase in the annual expenditure limit in the agreement. RECOMMENDATION: Approve Amendment No. One with Pinnacle Landscape Company for landscape maintenance services of parks and facilities at an increased total compensation of $448,471.69 for the remaining four years of the agreement, and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: There are adequate funds in Municipal Operations Department budget to fund these services this fiscal year, and funds for these services will continue to be budgeted in subsequent fiscal years. DISCUSSION: In July 2013, Council approved an agreement with Pinnacle Landscaping Company (Pinnacle) to provide maintenance services at parks and facilities for 231.25 acres of landscape maintenance across the City. The current Pinnacle agreement contains a not -to- exceed cost of $1,145,000 per year for maintenance services. The services provided by Pinnacle include turf maintenance, pest control, trash pickup and litter removal, pruning, irrigation maintenance, hardscape cleaning, maintenance of sand and wood chip areas, and general drinking fountain maintenance. 23 -1 The Fiscal Year 2014 -15 budget included $310,000 of additional funds for park renovations. The funds have been utilized to update Cliff Drive Park, Castaways Park, Grant Howald Park and other areas with the work being completed by City staff and the landscape contractors. The original agreement included an annual cost to provide basic maintenance services with an additional amount to account for unforeseen repairs or additional services, such as repair of irrigation, or from damaged caused by traffic accidents. Further, Pinnacle staff are occasionally used for landscape improvements associated with capital projects or funded by other departments. It should be noted that we are not requesting an increase in the Parks Division budget. This action is solely to amend the agreement to authorize compensation to Pinnacle for work authorized within our budget. Funding for landscape renovations is again included in the draft FY 2015 -16 Budget, and next year's planned improvements will be concentrated on replacement of landscape with drought tolerant and California - friendly plants, as well as irrigation upgrades to reduce water use. Therefore, an amendment with Pinnacle Landscape Company is submitted for Council approval. The amendment will increase the annual cost of the agreement by $448,471.69 over the remaining four years of the term of the agreement. 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). ATTACHMENTS: Description Attachment A - Amendment No. One to Maintenance Services Agreement with Pinnacle Landscape Company 23 -2 /_1ir_C91:hTtl=Iki 11 r_1 AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT WITH PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE OF PARKS AND FACILITIES THIS AMENDMENT NO. ONE TO MAINTENANCE SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 26th day of May, 2015 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and PINNACLE LANDSCAPE MANAGEMENT, a California corporation, doing business as ( "DBA ") PINNACLE LANDSCAPE COMPANY ( "Contractor"), whose address is 2200 South Fairview Street, Santa Ana, California 92704, and is made with reference to the following: RECITALS A. On July 23, 2013, City and Contractor entered into a Maintenance Services Agreement ( "Agreement') to perform landscape maintenance services for City parks and facilities as further described in RFP 13 -55 and attached as Exhibit A to the Agreement, all incorporated by reference ('Project'). B. City desires to enter into this Amendment No. One for additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the following additional work in the Scope of Services: Current and future park renovations, including but not limited to the addition of drought tolerant landscape and irrigation upgrades to reduce water use ( "Services" or "Work'). Exhibit A to the Agreement, and the Services detailed herein shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONTRACTOR Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "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 One Million Two Hundred Sixty One Thousand, Three Hundred Four Dollars and 19/100 ($1,261,304.19) per year, without prior written amendment to the Agreement, for a total not to exceed amount of Six Million One Hundred Seventy Three Thousand, Four Hundred Seventy One Dollars and 69/100 ($6,173,471.69), for the term of the Agreement, subject to the Pinnacle Landscape Company Page 1 23 -3 annual adjustment in the rates in accordance with the Consumer Price Index, as described below in Section 4.2." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Four Hundred Forty Eight Thousand, Four Hundred Seventy One Dollars and 69/100 ($448,471.69). 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] Pinnacle Landscape Company Page 2 23 -4 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Har City Attorney ATTEST: Date: M Leilani I. Brown City Clerk (Cr) (Apn 0s11alm- CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Edward D. Selich Mayor CONTRACTOR: PINNACLE LANDSCAPE MANAGEMENT, a California corporation, DBA PINNACLE LANDSCAPE COMPANY Date: George Meadows President — OC Division By: Caleb Gehard Secretary/Chief Financial Officer [END OF SIGNATURES] Pinnacle Landscape Company Page 3 23 -5