CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: June 20, 2023
SUBJECT: Approval of Amendments to Maintenance Services Agreement with Coastal Building Services, Inc. for Janitorial Services at City Parks and Metrolink Station; Commercial Building Management Services, Inc. for Janitorial Services at City Facilities; Sage Environmental Group LLC for City Wide Weed Abatement Services; and SCA of CA LLC for Citywide Street Sweeping Services
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendments to the subject Maintenance Services Agreements to exercise an optional one-year term extension and increase the total annual not-to-exceed contract amount by three percent (3%) for Fiscal Year 2023-24;
2. Approve the addition of a not-to-exceed 20% contingency of the total contract amount equal to $15,776 on Amendment No. 2 with Sage Environmental Group LLC, as included in the table above, for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work;
3. Approve the assignment of all rights and obligations under the Agreement with Jonset Corporation dba Sunset Properties to SCA of CA LLC in Amendment No. 1;
4. Approve the addition of a price escalation clause applicable to the remaining future option year extension in the Amendments to the Maintenance Services Agreements with Commercial Building Management Services, Inc. and SCA of CA LLC; and,
5. Authorize the City Manager to execute the Maintenance Services Amendments, and future amendments to the agreements, subject to the City Attorney making non- substantive changes.
BACKGROUND
The City of Laguna Niguel owns and maintains a wide variety of infrastructure which includes streets, buildings, parks, wetlands, open space, recreational trails, roadway medians, slopes, and right-of-way. Maintenance of this infrastructure requires contracted maintenance services.
Contract services play a key role in the delivery of maintenance and special projects as they provide access to expert service that is efficient, responsive, and available as needed. In support of City Council Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan, the Public Works Department relies on maintenance contractors to maintain all City-owned property.
The City currently has multi-year Agreements with Coastal Building Services, Inc., Commercial Building Management Services, Inc., Sage Environmental Group LLC and SCA of CA LLC. The key maintenance activities conducted by these Contractors are listed below:
• Coastal Building Services, Inc. is responsible for the daily cleaning of all park restrooms and the Laguna Niguel / Mission Viejo Metrolink Station restrooms. • Commercial Building Management Services, Inc. is responsible for the janitorial services and day porter services at City Hall, Crown Valley Community Center, and Sea Country Senior and Community Center.
• Sage Environmental Group LLC is responsible for all weed abatement activities on City-owned property including the goat grazing program and compliance with Orange County Fire Authority's (OCFA) mandate for 100-foot fire mitigation buffer around structures.
• SCA of CA LLC is responsible for street sweeping activities on all City-owned roadways and parking lots.
ANALYSIS
Each of the existing multi-year Maintenance Services Agreements (MSA) has an initial three- year term and include optional one-year term extensions that the City may elect to exercise based upon the firm's performance of the services. The prices established on the multi-year MSAs are fixed for the initial three-year term. However, the MSAs also include a provision allowing the Contractor to request a price increase upon notification that the City intends to exercise an optional one-year term extension.
Citing increases in their cost of materials and labor, each subject Contractor requested that the City consider a price increase. Traditionally, cities look to the Consumer Price Index (CPI) as a benchmark for discussing price increases with contractors. The current CPI for the region in which the City of Laguna Niguel resides (Los Angeles-Long Beach-Anaheim, CA) is 3.7%. After reviewing the requests for price increase staff was successful in negotiating a 3% price cap with the contractors, which is lower than the regional CPI of 3.7%.
Additionally, staff is also recommending the addition of a price escalation clause in the MSA Amendments to cap any future optional one-year term extension price increase requests by the Contractors to the CPI for our region or 3%, whichever is less.
Further, staff is also recommending further updates to the Sage Environmental Group LLC MSA Amendment and the SCA of CA LLC MSA Amendment.
• Staff is recommending the addition of a contingency amount for unforeseen additional and emergency work as part of the MSA Amendment with Sage Environmental Group LLC for Weed Abatement Services. The contingency would provide the City with the ability to request weed abatement in additional areas within the City when warranted
or needed in Fiscal 2023-24. The City experienced an increase in rain events in Fiscal Year 2022-23 and required additional weed abatement activities. A similar need for weed abatement services is anticipated in Fiscal Year 2023-24. • Staff is recommending approval to assign all legal requirements on the MSA for Street Sweeping Services to SCA of CA LLC as a result of their acquisition of Jonest Corporation aba Sunset Property Services.
The recommended amendments to the MSAs are included as Attachments "A" through "D" to this report. The terms of the MSA Amendments will be effective for Fiscal Year 2023-24.
The table below summarizes the current total annual not-to-exceed (NTE) contract amounts, and the total annual NTE contract amounts, including the contingency for unforeseen additional and emergency work, after the 3% price increase.
Updated Total
Current Total Total
Contractor Name Annual Annual
Amendment FY23-24
Not-to-Exceed
(Scope of Service) No Not-to- Increase Budget
Exceed (Including
Contingency) Impact
Coastal Building
Services, Inc.
(Janitorial Services No. 3 $128,040.00 3.0% $131,881.00 $3,841.00 Park & Metrolink
Restrooms)
Commercial Building
Management
Services, Inc. No. 1 $299,593.44 3.0% $308,581.00 $8,987.56 (Citywide Building
Janitorial Services)
Sage Environmental
Group LLC No. 2
(Weed Abatement $76,581.45 3.0% $94,655.00 $18,073.55
Services)
SCA of CA LLC
fka Jonset
Corporation No. 1 $304,190.00 3.0% $313,316.00 $9,126.00 (Street Sweeping
Services
Staff recommends approving the subject MSA Amendments, which exercise the optional one-year term extensions and include the 3% price increase so that the vital services provided by the Contractors are not delayed or stopped.
ALTERNATIVES CONSIDERED
1. The City Council may decide not to approve one or more of the Amendments to the Maintenance Services Agreements. This alternative is not recommended as these vital services maintain a clean and safe environment for the community. Additionally, the City will risk becoming non-compliant with State water quality, fire mitigation and health and safety mandates should these services be delayed.
2. The City Council may decide not to approve one or more of the Maintenance Services Amendments, and direct staff to advertise each maintenance service through the formal Request for Proposal process. Each requested service would then require its own individual formal Request for Proposals process to award an agreement. This alternative is not recommended at this time as it will likely result in higher costs for the city and possible delays in the delivery of vital services to the community.
FISCAL REVIEW
The Fiscal Year 2023-34 Public Works Department operating budget includes funding for the recommended amendments to the Maintenance Services Agreements.
LEGAL REVIEW
The City Attorney's Office has reviewed the Amendments to the Maintenance Services Agreements and has approved the documents as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendments to the subject Maintenance Services Agreements to exercise an optional one-year term extension and increase the total annual not-to-exceed contract amount by three percent (3%), with the firms listed above for Fiscal Year 2023-24;
2. Approve the addition of a not-to-exceed 20% contingency of the total contract amount equal to $15,776 on Amendment No. 2 with Sage Environmental Group LLC, as included in the table above, for unforeseen conditions or extra work and authorize the Public Works Director/City Engineer to approve additional work;
3. Approve the assignment of all rights and obligations under the Agreement with Jonset Corporation dba Sunset Properties to SCA of CA LLC in Amendment No. 1;
4. Approve the addition of a price escalation clause applicable to the remaining future option year extension in the Amendments to the Maintenance Services Agreements with Commercial Building Management Services, Inc. and SCA of CA LLC; and,
5. Authorize the City Manager to execute the Maintenance Services Amendments, and future amendments to the agreements, subject to the City Attorney making non- substantive changes.
Jamas Settoureau c
Tamara S. Letourneau
City Manager
Tw An
Bruce Lindemann Trevor Agrelius
Maintenance Services Manager Finance Director
Attachments:
A. Amendment 3, Coastal Building Services, Inc.
B. Amendment 1, Commercial Building Management Services, Inc.
C. Amendment 2, , Sage Environmental Group LLC
D. Amendment 1, SCA of CA LLC
ATTACHMENT A
Amendment 3 to Maintenance Services Agreement with
Coastal Building Services, Inc.
AMENDMENT NO. 3 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
CITYWIDE JANITORIAL SERVICES FOR CROWN VALLEY COMMUNITY PARK,
NEIGHBORHOOD PARKS PUBLIC RESTROOMS AND THE METROLINK STATION This Amendment No. 3 to the Agreement for Maintenance Services ("Amendment No. 3"), is entered into as of _ _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Coastal Building Services, Inc., a California Corporation, hereinafter the "Contractor", and referred to collectively as the RECIIALS:
The Parties entered into that certain Agreement for Maintenance Services dated May 7, 2019 for the provision of On-Call Citywide Janitorial Services for Crown Valley Community Park, Neighborhood Parks Public Restrooms and the Metrolink Station ("Agreement").
2. The Parties entered into Amendment No. 1 to the Agreement for Maintenance Services dated June 6, 2021 in order to increase the contingency allowance under the Agreement from ten percent (10%) to twenty percent (20%) of the then-current total annual compensation ("Amendment No. 1").
3. The Parties entered into Amendment No. 2 to the Agreement for Maintenance Services dated June 22, 2022 in order to extend the term of the Agreement, exercising the first of two optional one-year term extensions pursuant to Section 3 of the Agreement and increase the total compensation under the Agreement ("Amendment No. 2").
The Parties now desire to amend the Agreement in order to in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2023 to June 30, 2024, exercising the second of two optional term extensions; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase and modify the contingency allowance amount to equal 10% of the current annual compensation paid to Contractor ("Amendment No. 3").
1 13018-0008\2661467v2.doc
AGREEMENI
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Term. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
"The Contractor shall commence providing the required services on May 7, 2019, and this Agreement shall continue in full force and effect until June 30, 2024 subject to termination as provided in the Agreement, except the indemnificatior provisions contained in the Agreement shall remain in full force and effect following any termination or expiration of the Agreement, including all amendments thereto."
Payment for Services. Section 4 of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $119,892 during Fiscal Year 2023-24.
This Agreement will also include a not-to-exceed 10% contingency of the total annual contract amount equal to $11,989 for unforeseen emergencies, incidental repairs, and replacement costs. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.
In no event shall the total compensation paid to the Contractor exceed $131,881 for Fiscal Year 2023-24."
3. Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 3, all the terms and conditions of the Agreement, as amended by Amendment Nos. 1 and 2, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 3.
4. Authority to Sign. The person(s) executing this Amendment No. 3 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 3 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 13018-000812661467v2.doc
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement for Maintenance Services as of the date first above written. "CITY"
CITY OF LAGUNA NIGUEL
By:
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
Coastal Building Services, Inc.
a California corporation
By:
Print Name:
Title:
By:
Print Name: _
Title:
3 13018-0008\2661467v2.doc
ATTACHMENT B
Amendment 1 to Maintenance Services Agreement with
Commercial Building Management Services, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
CITYWIDE JANITORIAL SERVICES
This Amendment No. 1 to the Agreement for Maintenance Services (Amendment No. , by and between the City of Laguna Niguel, a
municipal corporation, hereinafter the "City", and Commercial Building Management Services Inc., hereinafter the "Contractor", collectively referred to as the "Parties".
RECIIALS:
A. The Parties entered into that certain Agreement for Maintenance Services dated October 6, 2020 for the provision of On-Call Citywide Janitorial Services ("Agreement").
B. The initial term of the Agreement is three years from October 06, 2020 to June 30, 2023, subject to renewal for two one-year terms if the contractor's performance is satisfactory.
C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) year from July 1, 2023 to June 30, 2024, exercising the first of two optional term extensions pursuant to Section 3 of the Agreement; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase and a contingency allowance equal to 20% of the annual compensation paid to Contractor ("Amendment No. 1").
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the Parties hereto agree as follows:
Term. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
"This Amendment No. 1 shall become effective as of the date stated above, and extends the term of the Agreement until June 30, 2024, subject to termination as provided in Section 19 of the Agreement. The Agreement may be extended administratively by the City Manager for one additional one-year term if the Contractor's performance is satisfactory and it is in the interest of the City" Payment for Services. Section 4 of the Agreement is hereby amended in its entirety to read as follows:
1 "In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $257,151 during Fiscal Year 2023-24 in accordance with the amounts set forth in Exhibit "B", attached and incorporated herein.
This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $51,430 for as-needed incidental repairs and replacement costs. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.
In no event shall the total compensation paid to the Contractor exceed $308,581 for Fiscal Year 2023-24.
Upon expiration of the term of the Agreement, if the term is extended (pursuant to Section 3 or otherwise), fees and rates may only be increased both pursuant to Section 20 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto."
3. Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.
4. Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement for Maintenance Services as of the date first above written. "CITY"
CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
Commercial Building Management Services
Inc.
By:
Print Name:
Title:
By:
Print Name:
Title:
3 ATTACHMENT C
Amendment 2 to Maintenance Services Agreement with
Sage Environmental Group LLC
AMENDMENT NO. 2 TO AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
WEED ABATEMENT SERVICES FOR PUBLIC PROPERTIES
This Amendment No. 2 to the Agreement for Maintenance Services ("Amendment No. 2"), is entered into as of _, by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and Sage Environmental Group, LLC, a California Corporation, hereinafter the "Contractor", collectively referred to as the "Parties".
RECIIALS:
"A. The Parties entered into that certain Agreement for Maintenance Services, dated February 1, 2020 for the provision of Weed Abatement Services for Public Properties ("Agreement").
The Parties entered into that certain Amendment No. 1 for Agreement for Maintenance Services dated June 20, 2022 in order to extend the term of the Agreement for one (1) year from July 1, 2022, through June 30, 2023, exercising the first of two optional term extensions pursuant to Section 3 of the Agreement ("Amendment No. 1").
C. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2023 to June 30, 2024, exercising the second of two optional term extensions; and 2) increase the total compensation under the Agreement to provide for a 3% rate increase and a contingency allowance equal to 20% of the annual compensation paid to Contractor ("Amendment No. 2").
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the Parties hereto agree as follows:
Term. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
"The Contractor shall commence providing the required services on February 1, 2020, and this Agreement shall continue in full force and effect until June 30, 2024, subject to termination as provided in Section 18 of the Agreement, except the indemnification provisions contained in the Agreement shall remain in full force and effect following any termination or expiration of the Agreement, including all amendments Payment for Services. Section 4 of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total not-to-exceed amount of $78,879 during Fiscal Year 2023-24 in accordance with the amounts set forth in Exhibit "B" , attached and incorporated herein.
This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $15,776 for unforeseen conditions or additional work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.
In no event shall the total compensation paid to the Contractor exceed $94,655 for Fiscal Year 2023-24."
Schedule of Compensation; Method of Payment. Exhibit "B" of the Agreement is hereby amended as provided in Attachment "1" of this Amendment No. 2, attached hereto and incorporated herein by reference.
Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 2, all the terms and conditions of the Agreement, as amended by Amendment No. 1, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 2.
5. Authority to Sign. The person(s) executing this Amendment No. 2 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 2 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement for Maintenance Services as of the date first above written. "CITY"
CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONTRACTOR"
Sage Environmental Group, LLC.
By:
Print Name:
Title:
By:
Print Name:
Title:
ATTACHMENT "4" TO AMENDMENT NO. 2
AGREEMENT FOR MAINTENANCE SERVICES
EXHIBIT "B»
SCHEDULE OF COMPENSATION; METHOD OF PAYMENT
CITY OF LAGUNA NIGUEL
Weed Abatement Services Contract
PROPOSAL
The City of Laguna Niguel has listed the types of work (ie hand clearing or mowing) as a guide for the Contractor. The City will provide the Contractor with the most latitude to perform the work described in an alternate method. If the Contractor feels that a different method is to their advantage as well as the City's, the Contractor shall describe the alternate method in their proposal. All final work methods shall be determined by the City of Laguna Niguel.
1. PROPOSAL FORMS:
UNIT COSTS
Item No. Description Unit Unit Price
1 Hand Clearing/man Hourly Rate 60.00
2 Hand Clearing/man SF 0.03-0.05
3 Tractor Mowing with operator Hourly Rate 120.00
4 Walk Behind Flail Mowing SF 0.04
5 Misc. Debris Removal/truck load 1 Ton Truck 600.00/day
CITY OWNED PARCELS (BASE PROPOSAL)
ITEM NO. SITE NO. SITE TYPE UNIT QUANTITY UNIT PRICE TOTAL 1 13 Bear Brand Park Hand Clearing SF 77,121 SF 0.047 3,624.69 2 12 Catamaran Way Hand Clearing SF 36,225 SF 0.047 1,702.58 3 Crown Valley/ Hand Clearing SF 346,315 SF 0.047 16,276.81 Kite Hill
4 Denia Street Hand Clearing SF 39,425 SF 0.047 1,852.89 5 6 George White Hand Clearing SF 94,537 SF 0.047 4,443.24 Elemen. School
6 3 La Hermosa Park Hand Clearing SF 763,912 SF 0.0357 27,271.66 7 La Vida R.O.W. Hand Clearing SF 31,300 SF 0.0 00
Long View Park Hand Clearing SF 168,695 SF 0.0358 6,039.28 10 Phillips Circle Hand Clearing SF 36,890 SF 0.047 1,733.83 10 4 Pienza Hand Clearing SF 16,050 SF 0.047 766.96
7 Redondo View Hand Clearing SF 87,268 SF 0.047 4,101.85 Node Park
12 9 Reef View Node Mowing SF 121,429 SF 0.0358 4,347.16 Park
8 Russell Lane Hand Clearing SF 56,670 SF 0.047 2,663.49 14 14 Sulphur Creek Hand Clearing 55,000 SF 0.047 2,585.00 15 15 Chapparosa Mowing SF 31,500 SF 0.047 1,480.50
Canyon
Grand Total City Owned Property (Base Proposal) $78,879.00 Grand Total in Words: Seventy-eight thousand, eight hundred seventy-nine dollars and zero cents.
For this quotation to be valid, this sheet must be signed alien Cope June 9, 2023
Signature Date
CITY OF LAGUNA NIGUEL
Weed Abatement Services Contract
ALTERNATIVE PROPOSAL
1. PROPOSAL FORMS:
CITY OWNED PARCELS (BASE PROPOSAL GRAZING)
ITEM NO. SITE NO. SITE TYPE UNIT QUANTITY UNIT PRICE TOTAL 1 13 Bear Brand Park SF 77,121 SF * *
Grazing
2 Catamaran Way Grazing SF 36,225 SF * *
3 1 Crown Valley/ Grazing 346,315 SF 0.047/SF 16,276.81 Kite Hill
4 5 Denia Street Grazing 39,425 SF *
: *
5 George White Grazing SF 94,537 SF
Elemen. School
6 3 La Hermosa Park Grazing SF 763,912 SF 0.0357/SF 27,271.66 7 La Vida R.O.W. Grazing SF 31,300 SF 00
8 11 Long View Park Grazing SF 168,695 SF
9 10 Phillips Circle Grazing SF 36,890 SF
Pienza * * * *
10 4 Grazing SF 16,050 SF
11 7 Redondo View Grazing SF 87,268 SF
Node Park
12 Reef View Node Grazing SF 121,429 SF 0.0358/SF 4,347.16 Park
13 8 Russell Lane Grazing SF 56,670 SF *
:
14 Sulphur Creek Grazing SF 55,000 SF *
15 15 Chapparosa Grazing SF 31,500 SF * *
Canyon
Grand Total City Owned Property (Base Proposal Grazing) $47,895.63 Grand Total in Words: Forty-seven thousand, eight hundred nighty-five dollars and sixty-three cents.
For this quotation to be valid, this sheet must be signed Alui Cope June 9, 2023
Signature Date
ATTACHMENT D
Amendment 1 to Maintenance Services Agreement with
SCA of CA LLC
AMENDMENT NO. 1 TO
AGREEMENT FOR MAINTENANCE SERVICES
(PUBLIC WORKS DEPARTMENT)
CITYWIDE STREET SWEEPING SERVICE
This Amendment No. 1 to the Agreement for Maintenance Services (Amendment No. 1"'), is entered into as of
my nicipal corporation, hereinafter the City, and seen tor CA, fL a Calion a Corporation, formerly Jonset Corporation dba Sunset Property Services hereinafter the "Contractor", , and referred to collectively as the "Parties". Contractor has been qualified by the California Secretary of State to conduct business in the state of California.
RECIIALS:
A. The City entered into that certain Agreement for Maintenance Services with Jonset Corporation dba Sunset Property Services dated July 21, 2020 for the provision of Street Sweeping Service within the City •boundaries ('Agreement").
While the term of Agreement commenced on July 22, 2020 and is set to expire on June 30, 2023, Jonset Corporation dba Sunset Property Services, ("Jonset") has been acquired by SCA of CA, LLC, a California Corporation.
Jonset wishes to assign all of its rights and obligations under the Agreement to Contractor, and the Agreement requires the prior written consent of the City to effectuate such an assignment.
D. The Parties now desire to amend the Agreement in order to 1) extend the term of the Agreement for one (1) additional year from July 1, 2023 to June 30, 2024, exercising the first of two optional term extensions; 2) increase the total compensation under the Agreement to provide for a 3% rate increase and modify the contingency allowance amount to equal 20% of the current annual compensation paid to Contractor; and 3) effectuate assignment of the Agreement to Contractor ("Amendment No. 1").
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
1. Assignment of Agreement. Jonset and Contractor hereby agree that Jonset shall assign its rights and obligations under the Agreement to Contractor, and Contractor hereby accepts the assignment of all of Jonset's rights and obligations under the City of Laguna Niguel - 200529 1
Agreement. This Amendment No. 1 serves as City's written consent to effectuate such an assignment.
2. Term. Section 3 of the Agreement is hereby amended in its entirety to read as follows:
"The Contractor shall commence providing the required services on July 21, 2020, and this Agreement shall continue in full force and effect until June 30, 2024, subject to termination as provided in the Agreement, except the indemnification provisions contained in the Agreement shall remain in full force and effect fleeting any termination or expiration of the Agreement, including all amendments
3. Payment for Services. Section 4 of the Agreement is hereby amended in its entirety to read as follows:
"In consideration for services rendered hereunder, the City shall pay the Contractor a total annual not-to-exceed amount of $261,097 ($21,758 per month) during Fiscal Year 2023-24.
This Agreement will also include a not-to-exceed 20% contingency of the total annual contract amount equal to $52,219 for unforeseen conditions or additional work. Prior to use of the contingency allowance, the Contractor shall obtain written approval from the City representative.
In no event shall the total compensation paid to the Contractor exceed $313,316 for Fiscal Year 2023-24.
Upon expiration of the term of the Agreement, if the term is extended (pursuant to Section 3 or otherwise), fees and rates may only be increased both pursuant to Section 20 as well as subsequent to negotiation between the Parties on a reasonable increase. The maximum of such increase shall be no greater than the CPI increase (Los Angeles-Long Beach-Anaheim, CA) for the applicable period of time or 3 percent, whichever is less. City has no obligation or duty to provide any such increase. The total compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services, Consultant shall promptly notify the City Representative of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto."
Continuation of Terms and Conditions of Agreement. Except as otherwise expressly provided in this Amendment No. 1, all the terms and conditions of the Agreement, City of Laguna Niguel - 200529 2
as amended, shall remain in full force and effect and shall apply to the performance of services pursuant to this Amendment No. 1.
Authority to Sign. The person(s) executing this Amendment No. 1 on behalf of the Contractor warrants and represents that they have the authority to execute this Amendment No. 1 on behalf of the Contractor and have the authority to bind the Contractor to the performance of the obligations hereunder. [Signatures on following page]
City of Laguna Niguel - 200529
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney "CONTRACTOR"
SCA of CA, LLC
By:
Print Name:
Title:
"JONSET"
Jonset Corporation dba Sunset Property
Services
By:
Print Name:
Title:
City of Laguna Niguel - 200529 4