HomeMy WebLinkAbout3/7/2018 - STAFF REPORTS - 1.G. A �
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°q``rolt City Council Staff Report
DATE: March 7, 2018 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 4 FOR AN INCREASE OF
$70,098.03 TO CONTRACT SERVICES AGREEMENT NO. 6860 WITH
MARIPOSA LANDSCAPE, INC., FOR LANDSCAPE AND GROUNDS
MAINTENANCE SERVICES
FROM: David H. Ready, City Manager
BY: Department of Maintenance and Facilites
SUMMARY
Approval of Amendment No. 4 will incorporate additional landscape and grounds
maintenance services for the current fiscal year in the amount of $70,098.03 for a total
contract amount of$1,953,434.13 for fiscal year 2017/2018.
RECOMMENDATION:
1. Approve Amendment No. 4 to Agreement No. 6860, with Mariposa Landscape, Inc.,
a California corporation, in the amount of $70,098.03 for a total contract amount of
$1,953,434.13 for fiscal year 2017/2018 for Landscape and Grounds Maintenance
Services; and
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
A search of records available through the Secretary of State of California shows a
Statement of Information filed on August 25, 2017 identifies Terry Noriega as Chief
Executive Officer, and Antonio Valenzuela, as the Secretary and Theresa Lu as the
Financial Officer. The sole Director listed is Terry Noriega.
ITEM NO.,=_
City Council Staff Report
March 7, 2018 -- Page 2
Amendment No. 4 for Landscape and Grounds Maintenance Services
STAFF ANALYSIS:
The City has historically contracted for landscape and grounds maintenance services
since 1995, privatizing these services in an effort to reduce General Fund operating and
maintenance costs. The most recent Invitation for Bids (IFB) in 2016 resulted in
Council's award of a contract on June 1, 2016, to Mariposa Landscape, Inc., with an
initial one-year term, effective July 1, 2016, terminating June 30, 2017, with four one-
year optional renewals at the City's discretion.
The City's 2016 bid specification identified 7 separate Bid Schedules for the various
types of landscape and grounds maintenance services that were consolidated into one
contract. The one bid submitted by Mariposa Landscapes, Inc., identified costs for these
services as follows:
Bid Schedule A (10 City Parks & 5 Trail Heads): $672,840.12
Bid Schedule B (16 City Facilities): $152,179.08
Bid Schedule C (27 Landscaped Parkways & Medians): $175,207.80
Bid Schedule D (8 Landscape Assessment Districts): $69,633.24
Bid Schedule E (19 Landscape "Zones" around the Airport): $286,152.12
Bid Schedule F (Annual Turf Re-Seeding): $138,958.40
Bid Schedule G (Annual Tree Trimming): $929,460.00
The original bid submitted in 2016 by Mariposa Landscapes, Inc., was for
$2,424,450.76
Bid Schedule G provided unit pricing for the various City-wide tree trimming, to allow
staff the flexibility to add or subtract tree trimming to accommodate the City's available
budget. The tree trimming pricing provided by Mariposa Landscape, Inc., was as
follows:
• Tree Trimming (Aesthetic/ Full Trim): $180 EA
• Palm Tree Trimming (Filfera): $40 EA
• Palm Tree Trimming (Robusta): $55 EA
• Complete Tree Removal: $32 per diameter-inch
(Note, these prices were subject to a CPI increase for the 2017/2018 fiscal year)
In order to reduce the overall cost of the original contract, Council approved a reduced
quantity of annual tree trimming, to focus on trimming 500 priority trees (reduced from
an estimated 3,100) in the City's various parks and facilities, landscaped medians and
parkways (excluding Assessment Districts).
Concurrently with the City Council's approval of the original landscape maintenance
contract, Council approved Amendment No. 1 in the amount of $339,880 to
accommodate the reduced amount of tree trimming, for a total contract amount of
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City Council Staff Report
March 7, 2018--Page 3
Amendment No. 4 for Landscape and Grounds Maintenance Services
$1,834,850.76 in 2016. In 2017 the pricing was subject to 2.6% CPI increase to the
current annual cost of $1,883,336.11.
City Council also authorized the City Manager to approve and execute Contract Change
Orders up to an additional cumulative amount of $100,000 annually for additional
landscape, grounds maintenance or tree trimming and removal services. Amendment
No. 2 accommodated additional landscape services provided in the 2016/2017 fiscal
year.
Council approved the first renewal option on June 21, 2017, and Mariposa's contract
extension expires June 30, 2018. Amendment No. 3 accommodated additional
landscape services provided in the 2017/2018 fiscal year.
Amendment No. 4 will approve additional landscape services for the remainder of the
current fiscal year identified as follows:
1) Initial site cleanup, irrigation repairs, and landscaping services associated with the
City's new lease of Riverside County Fire Station No. 36 located at 63775 Dillon
Road, in the amount of $11,321
Upon assuming responsibility for Riverside County Fire Station No. 36, staff
requested and approved a proposal from Mariposa Landscape, Inc., to removal all
dead plant material, repair the existing irrigation system, and replace dead
landscape materials with the expectation of the City's use of the site. It should be
noted that this work has been completed.
2) Monthly landscape maintenance services at Riverside County Fire Station No. 36
located at 63775 Dillon Road, in the amount of$868 per month for 6 months (service
commenced January 1, 2018), for a total amount of$5,208
Upon assuming responsibility for Riverside County Fire Station No. 36, staff
requested a proposal from Mariposa Landscape, Inc., to provide monthly landscape
maintenance services, which commenced January 1, 2018, and will end with this
contract on June 30, 2018.
3) Tree Trimming (Aesthetic / Full Trim) of 103 mesquite and palo verde trees along the
parkway landscaping associated with the Mountain Gate I Landscape Assessment
District (Zone 1), at a cost of$186.09 each for a total amount of$18,960.86
Tree trimming within thel landscaped parkways of the various City Assessment
Districts was excluded from the contract, on the basis that all of these Assessment
Districts do not have sufficient reserves to pay for additional landscape services,
with the exception of the Mountain Gate I Landscape Assessment District (Zone 1),
which was formed subsequent to Proposition 218, and provides for annual increases
03
City Council Staff Report
March 7, 2018-- Page 4
Amendment No. 4 for Landscape and Grounds Maintenance Services
to the special assessments. Currently, the Assessment District Fund has an
available balance of $264,753 to accommodate additional services and emergency
replacement of plant materials and trees.
4) Tree Trimming (Aesthetic / Full Trim) of 188 mesquite and palo verde trees along the
parkway landscaping associated with the Mountain Gate II Landscape Assessment
District (Zone 1), at a cost of$186.09 each for a total amount of$34,608.17
Tree trimming within the landscaped parkways of the various City Assessment
Districts was excluded from the contract, on the basis that all of these Assessment
Districts do not have sufficient reserves to pay for additional landscape services,
with the exception of the Mountain Gate II Landscape Assessment District (Zone 2),
which was formed subsequent to Proposition 218, and provides for annual increases
to the special assessments. Currently, the Assessment District Fund has an
available balance of $265,834 to accommodate additional services and emergency
replacement of plant materials and trees.
The total amount of additional landscape maintenance services included with
Amendment No. 4 is $70,098.03.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines
are required to include a list of classes of projects which have been determined not to
have a significant effect on the environment and which are exempt from the provisions
of CEQA. In response to that mandate, the Secretary for Resources identified classes of
projects that do not have a significant effect on the environment, and are declared
categorically exempt from the requirement for the preparation of environmental
documents. In accordance with Section 15301 "Existing Facilities," Class 1 (h) projects
consist of the maintenance of existing landscaping and native growth; therefore, award
of the landscape and grounds maintenance services contract is considered categorically
exempt from CEQA.
FISCAL IMPACT:
Sufficient funds are available in the General Fund, Account No. 001-2451-43065 to
accommodate the landscape services associated with Riverside County Fire Station No.
36 in the total amount of $16,529.
Sufficient funds are available in the Lighting/Landscaping Park Maintenance District
Fund, Account No. 141-4310-43590 to accommodate the tree trimming services
associated with the Mountain Gate I Landscape Assessment District (Zone 1), at a cost
of$18,960.86.
04
City Council Staff Report
March 7, 2018-- Page 5
Amendment No. 4 for Landscape and Grounds Maintenance Services
Sufficient funds are available in the Lighting/Landscaping Park Maintenance District
Fund, Account No. 141-4310-43595 to accommodate the tree trimming services
associated with the Mountain Gate I Landscape Assessment District (Zone 1), at a cost
$34,608.17.
SUBMITTED:
J1 ^
J.
Staci�5ctiafer David H. Ready, Esq., P
Director of Maintenance and Facilities City Manager
Attachments:
1. Amendment No. 4
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ATTACHMENT ?
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AMENDMENT #4 TO CONTRACT SERVICES AGREEMENT NO. 6860 (IFB 16-02)
WITH MARIPOSA LANDSCAPE, INC. FOR
LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
This Amendment No. 4 to the Contract Services Agreement (A6860), ("Amendment No.
4"), is made and entered into this day of , 2018, by and between the
City of Palm Springs, a California charter city and municipal corporation, hereinafter
designated as the City, and Mariposa Landscape, Inc., a California corporation, hereinafter
designated as the Contractor.
RECITALS
A. City has determined that there is a need for Landscape and Grounds
Maintenance Services at various City Parks, City Facilities, Parkways, Medians, Assessment
Districts, Downtown and the Airport (hereinafter "Landscape Maintenance"), and on June 1,
2016, the City Council approved a Contract Services Agreement (A6860) with Contractor to
provide Landscape Maintenance.
B. At the time the City approved Contract Services Agreement (A6860) with
Contractor to provide landscape maintenance, the scope of work did not include landscape
maintenance of the property located at 63775 Dillon Road (hereinafter "County Fire Station"),
as the current Revenue Lease Agreement with the County was not in place.
C. The Revenue Lease Agreement is now in place, and the City is responsible for
all maintenance of the property, including landscape maintenance.
D. Tree trimming within the landscaped parkways of the various City Assessment
Districts was excluded from the contract, on the basis that all of these Assessment Districts do
not have sufficient reserves to pay for additional landscape services, with the exception of the
Mountain Gate I Landscape Assessment District (Zone 1), and Mountain Gate II Landscape
Assessment District (Zone 2), which were formed subsequent to Proposition 218, and provides
for annual increases to the special assessments. Currently, both Assessment District Funds
have a sufficient funding to accommodate these additional services and emergency
replacement of plant materials and trees.
E. It is necessary to expand the scope of services for Contract Services Agreement
(A6860)with Contractor to provide landscape maintenance of the County Fire Station and Tree
Trimming Services at Mountain Gate I Landscape Assessment District (Zone 1) and Mountain
Gate II Landscape Assessment District (Zone 2).
F. Contractor has submitted to City a proposal to provide landscape maintenance of
the County Fire Station, initial site cleanup, irrigation repairs, and landscaping services in the
amount of $11,321 and monthly landscape maintenance services in the amount of $868 per
month for 6 months (service commenced January 1, 2018), at an increased cost of $16,529.
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G. Contractor has submitted to City a proposal to provide tree trimming services at
the Gate I Landscape Assessment District (Zone 1) in the amount of $18,960.86, and
Mountain Gate II Landscape Assessment District (Zone 2) in the amount of $34,608.17, at an
increased cost of$53,569.03.
H. City wishes to amend Contract Services Agreement (A6860) to add the additional
landscape maintenance as identified in this Amendment No. 4.
I. In consideration of these promises and mutual agreements, City agrees to retain
and does hereby retain Contractor and Contractor agrees to provide services to the City as
follows:
AGREEMENT
ARTICLE 3 — "CONTRACT PRICE" as defined therein is revised to read: "One Million
Nine Hundred Fifty Three Thousand Four Hundred Thirty Four Dollars and Thirteen Cents
($1,953,434.13)."
ARTICLE 9 — CONFLICT OF INTEREST is hereby replaced in its entirety to read:
Conflict of Interest. Consultant acknowledges that no officer or employee of the City
has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant
enter into any agreement of any kind with any such officer or employee during the term of this
Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or
given, and will not pay or give, any third party any money or other consideration in exchange
for obtaining this Agreement.
ARTICLE 10 — "NON-DISCRIMINATION" is hereby amended to read as follows:
Covenant Against Discrimination. In connection with its performance under this
Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of actual or perceived race, religion, color, sex, age, marital status,
ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic
characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or
mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that
applicants are employed, and that employees are treated during their employment, without
regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this
Agreement, and in executing this Agreement, Contractor certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising from or related to any
prohibited basis in any Contractor activity, including but not limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of com ensation; and selection for training, including
apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm
Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
PSI
Agreement Number: 6860
Original City Council Approval: June 1, 2016
Original Contract Amount: $1,494,970.76
Amendment#1 Annual Costs:
City Council Approval: June 1, 2016
Total Annual Increase/Decrease $ 339,880.00
Total Annual Contract Amount $1,834,550.76
Amendment#2 (One-Time Costs):
City Manager Approval: June 29, 2017
Total Annual Increase/Decrease $ 0.00
Total Annual Contract Amount $1,834,550.76
Amendment#3 Annual Costs:
City Council Approval: June 21, 2017
Total Annual Increase/Decrease $ 48,785.34
Total Annual Contract Amount $1,883,336.10
THIS Amendment#4 Costs:
City Council Approval: March 7, 2018
Total Annual Increase/Decrease $ 70,098.03
Total Annual Contract Amount $1,953,434.13
Except as specifically amended by this Amendment #4, all terms and provisions of Agreement
No. 6860 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have executed this Amendment No.4 as of the
dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H. Ready, City Manager
APPROVED AS TO FORM: ATTEST:
By: By:
Edward Z. Kotkin, City Attorney Anthony J Mejia, MMC, City Clerk
"CONTRACTOR"
Mariposa Landscape, Inc.
Date: By:
Signature
Terry Noriega, President
Date: By:
Signature
Antonio Valenzuela, Secretary
Check one: _Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board,
President, or any Vice President. The second signature must be from the Secretary, Assistant
Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
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A notary pubbc or other ofFxaer coming this ceatifi=a vanfres only the identity of the individual who signed the
documQn to which this certificate is attached,and not the truthfulness,accuracy;or vaidity of that document.
t
State of California )
County of }
on before me,
Date Here lmsei t Name and Tide of the Officer
personalty appeared I 7
an7els)of Srgraer(s)
who proved to me on the basis of satisfactory evidence to be the person(p) whose name(s) is0are
subscribed to the within instrument and acknowledged to me that hefsheAhey executed the same in
h erttheir authorized capacity(ies),and that by his/herltheir signatures)on the instrument the person(s),.
or the entity upon behalf of which the persons)acted, executed the instrument-
1 certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
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