CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: January 18, 2022
SUBJECT: Approval of Amendment No. 4 to the Maintenance Services Agreement for the Installation and Removal of City Banners with Creative Commercial Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 4 to the Maintenance Services Agreement for the Installation and Removal of City Banners with Creative Commercial Services in the additional not-to-exceed amount of $40,000 per year, for a total not-to-exceed amount of $76, 140 per year;
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $15,228 per year for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $91,368 per year, if needed; and,
3. Authorize the City Manager to execute Amendment No. 4 and future amendments to the Maintenance Services Agreement for the Installation and Removal of City Banners with Creative Commercial Services, subject to the City Attorney making non-substantive changes.
BACKGROUND
On October 16, 2018, the City Council awarded a maintenance services agreement to Creative Commercial Services to support the City's street banner program. Creative Commercial Services is responsible for the installation, removal, replacement, and storage of the banners. The street banner program includes two banner designs in the public right-of-way and four banner styles in Crown Valley Park (Attachment "A"). Street banners are installed using specialized brackets on approximately 300 streetlight poles in the public right-of-way and 76 locations in Crown Valley Park (Attachment "B").
The goal of the street banner program is to create a community identity within the City limits. To support City Council Goal 6 (Communication and Community Outreach) of the City's Strategic Plan, the Public Works Department is responsible for the oversight of the City's street banner program.
ANALYSIS
Laguna Niguel is known for its mild coastal climate where summers are short, warm, arid, and clear and the winters are long, cool, and partly cloudy. The average wind speed in Laguna Niguel experiences mild seasonal variation where the windier part of the year is between November to June, with December being the windiest month. The most notable challenge to the street banner program has been wind conditions.
Prior to the award of contract to Creative Commercial Services in 2018, the brackets used to secure the banners to the streetlight poles in the public right-of-way were not replaced.
The existing brackets are over 10 years old and have reached the end of their useful life.
Wind conditions create drag on the banners, straining the brackets and resulting in movement in the banner's position, broken brackets, or banners that are blown down. In response, Creative Commercial Services conducts night audits (driving by each banner to ensure proper installation) and performs spot repairs as needed. Despite these efforts, many street banners in the public right-of-way require constant attention due to failing brackets. The street banners in Crown Valley Park were installed in September 2020 and the brackets are still operational.
Staff has considered various options for reinforcement of the street banners in the public right-of-way, including installation of stronger brackets, cutting wind slits in the banners to reduce drag, and adding webbing to reinforce the sides of the banners. After reviewing the options, staff has determined that installing stronger brackets is the best solution.
Staff contacted three vendors to obtain quotes for the purchase and installation of stronger brackets in the public right-of-way.
Contractor Total Bid Amount
CR&A Custom, Inc. Non-Responsive
Creative Commercial Services (Recommended) $39,637.62
Dekra-Lite Industries, Inc. $54,061.44
After reviewing the quotes, Creative Commercial Services offered the lowest cost. Staff recommends approving Amendment No. 4 to the Maintenance Services Agreement with Creative Commercial Services for an additional not-to-exceed amount of $40,000, which increases the total not-to-exceed amount to $76,140 per year to support the City's street banner program. In addition, Amendment No. 4 will include a not-to-exceed 20% contingency per year of the total contract in the amount of $15,228 for unforeseen conditions for a total not-to-exceed amount of $91,368 per year. Amendment No. 4 can be found in Attachment "C"
Creative Commercial Services is currently in year four of their agreement to support the City's street banner program. Fiscal Year 2022-23 will be the last year of their agreement and staff will issue a Request for Proposals (RFP) for Street Banner Services by February 2023.
ALTERNATIVES CONSIDERED
1. The City Council may direct staff to obtain additional quotes for the purchase and installation of stronger brackets. Staff believes that obtaining additional quotes will not result in more desirable quotes.
2. The City Council may decide not to approve Amendment No. 4, increasing the annual not-to-exceed contract amount by $40,000. This alternative is not recommended given the failure of many existing brackets throughout the City. Not adding stronger brackets will result in banner failure, affecting the appearance of the City's street banner program.
FISCAL REVIEW
There is adequate funding in the Fiscal Year 2021-22 Public Works Department budget to fund the cost of Amendment No. 4. Subject to City Council approval, funding for the City's street banner program will be budgeted in subsequent fiscal years.
LEGAL REVIEW
The City Attorney's Office has reviewed Amendment No. 4 and this staff report and has approved all documents as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 4 to the Maintenance Services Agreement for the Installation and Removal of City Banners with Creative Commercial Services in the additional not-to-exceed amount of $40,000 per year, for a total not-to-exceed amount of $76, 140 per year;
2. Approve a not-to-exceed 20% contingency of the total contract in the amount of $15,228 per year for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work for a total not-to-exceed amount of $91,368 per year, if needed; and,
3. Authorize the City Manager to execute Amendment No. 4 and future amendments to the Maintenance Services Agreement for the Installation and Removal of City Banners with Creative Commercial Services, subject to the City Attorney making non-substantive changes.
Samar Settonsnea i I. Smis
Tamara S. Letourneal Kevin G. Ennis
City Manage City Attorney
Russell Narahara
Public Works Director/City Engineer Senior Management Analyst Attachments:
A. Existing Banner Designs
B. Location Maps
C. Amendment No. 4 to the Maintenance Services Agreement with Creative Commercial Services
ATTACHMENT A
Existing Banner Designs
Patriot Flag Banner
1989
LAGUNA
NIGUEL
Holiday Banner
OSEASON freelings
GU
989
Crown Valley Park - Style A & B
CROWN
COMMUNITY CENTER VALLEY
PARK
CROWN VALLEY PARK
Community
Center
DATOR LAIM REAL
Style A Style B
Crown Valley Park - Style C & D
VALLEY PARK
CROWN
CROWN VALLEY
PARK
ON CPIASN
CUCe CVC
Style C Style D
ATTACHMENT B
Location Maps
Legend
City Banner Program
Locations
Crown Valley Park
Niguel Hills Middle School
LOCATION MAP
Street Banner Program
•quantity Quantity HEY PARK Quantity Quantity Pole exists, = 28 = 24 no banner
= 6
CROWN VALLEY PARK
Street Banner Program (Map 1 of 2) Z
Quantity
= 8
Quantity
= 4
CROWN VALLEY PARK
Street Banner Program (Map 2 of 2)
ATTACHMENT C
Amendment No. 4 to the Maintenance Services
Agreement with Creative Commercial Services
AMENDMENT NO. 4 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
INSTALLATION AND REMOVAL OF CITY BANNERS
THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR MAINTENANCE
SERVICES ("Amendment No. 4"), dated
Agreement for Maintenance Services for THE INSTALLATION AND REMOVAL OF CITY BANNERS (Agreement) dated October 16, 2018, by and between the City of Laguna Viguel, a municipal corporation, hereinafter the "City", and Creative Commercial Services, a California Corporation, hereinafter the "Contractor.
RECIIALS:
On October 16, 2018, the City entered into an Agreement with the Contractor to support the City's street banner program at approximately 300 designated locations throughout the City (the "Original Agreement").
2. The banners are installed on streetlight poles using bracket hardware that holds the banner in position on the streetlight pole. Due to age and weather conditions, the existing bracket hardware is failing •and requires replacement with new bracket hardware. To purchase and install the new bracket hardware, the City will need to increase the not-to-exceed amount of the Agreement.
3. The purpose of this Amendment No. 4 is to increase the not-to-exceed amount of the Agreement from $36,140 to $76,140 per year for Fiscal Year 2021-22 and 2022-23.
Contractor has the qualifications and experience to render the requested Additional Services, defined below.
City now desires to enter into this Amendment No. 4 to the Original Agreement with the Contractor to purchase and install the new bracket hardware in support of the City's street banner program.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Services to be Performed by Contractor. Contractor agrees to perform the following additional services: purchase and installation of new bracket hardware in support of the City's street banner program ("Additional Services") for the City, in a City of Laguna Niguel - 200529-RWG 2610244 1
manner satisfactory to the City, as detailed in Exhibit "A-1," attached hereto and incorporated herein.
Term. This Amendment No. 4 shall become effective as of the date stated above, and extends the term of the Original Agreement until the Additional Services required by this Amendment No. 4, are completed, subject to termination as provided in the Original Agreement, except the indemnification provisions contained in the Original Agreement shall remain in full force and effect after Amendment No. 4 is terminated.
Payment for Additional Services. In consideration for Additional Services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $76, 140 per year and a not-to-exceed 20% contingency of the total contract in the amount of $15,228 per year for unforeseen conditions or extra work. In no event shall the total compensation paid to the Contractor exceed $91,368 per year. The compensation shall apply to Fiscal Year 2021-22 and 2022-23.
4. Continuation of Terms and Conditions of Agreement. Except as otherwise provided in this Amendment No. 4, all terms and conditions of the Original Agreement shall remain in full force and effect, and shall apply to the performance of services pursuant to this Amendment No. 4.
Authority to Sign. The persons executing this Amendment No. 4 on behalf of the Contractor warrant and represent that they have the authority to execute this Amendment No. 4 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder.
III
City of Laguna Niguel - 200529-RWG 2610244 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 to the Original Agreement as of the date first above written. "CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Eileen C. Gomez
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin G. Ennis, Esq.
City Attorney
"CONTRACTOR"
Creative Commercial Services
By:
Jim Durant
President
By:
Jessica Durant
Vice President
City of Laguna Niguel - 200529-RWG 2610244 3
EXHIBIT "A-1"
ADDITIONAL SERVICES
City of Laguna Niguel - 200529-RWG 2610244 4
Creative Commercial Services Estimate
2948 Rubidoux Blvd
CA 92509 Date Estimate#
11/2/2021 3720
Name / Address
CITY OF LAGUNA NIGUEL.
Project
Description Qty Rate Total
Hardware (shoe pole and bracket) 278 112.00 31,136.00
Hardware (single pole concrete) 18 85.00 1,530.00
Installation 296 15.00 4,440.00
Sales tax (7.75%) on $32,666.00 hardware purchase 1 2,531.62 2,531.62 The existing banner hardware is over 10 years old and requires replacement with new hardware so that the banners do not sag.
This estimate is for the installation of two types of new hardware, where 278 poles will receive shoe pole and bracket hardware, and 18 poles will receive single pole concrete hardware.
A deposit of 25% is required to start the work. The remaining balance is due upon completion of the work. The estimated completion date for the installation of all new hardware is by the end of January 2022.
Total $39,637.62