16-1101_E. STEWART & ASSOCIATES, INC._D7_Agenda ReportCity of San Juan Capistrano
Agenda Report
11/1/2016
07
TO : Honorable Mayor and Members of the City Council
FROM : ~Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director~
PREPARED BY :
DATE :
SUBJECT:
Tom Toman, Assistant Public Works Directo «
November 1, 2016
Consideration of a Resolution wa1v1ng the Formal Request for
Proposals (RFP) Process, and Approval of an Amendment to the
existing Maintenance Services Agreement for Weed, Rubbish,
Winter Preparation, and Thistle Abatement (E. Stewart and
Associates, Inc.)
RECOMMENDATION :
By motion,
1. Adopt a Resolution waiving the formal request for proposal (RFP) process for weed,
rubbish, and thistle abatement, and winter preparation services; and,
2. Approve and authorize the City Manager to execute an amendment to the existing
maintenance services agreement with E. Stewart and Associates, Inc., for weed,
rubbish, and thistle abatement, and winter preparation services at the current unit
pricing not to exceed $240,000 annually for an additional two year term, with two,
one-year optional extensions.
EXECUTIVE SUMMARY:
The current agreement for weed, rubbish, and thistle abatement, and winter preparation
with E. Stewart and Associates, Inc. (ESA) expires on December 31, 2016. ESA has
offered to enter into a contract amendment maintaining the same rates for work
City Council Agenda Report
November 1, 2016
Page 2 of 3
performed over the past nine years. The offer letter from ESA is included as Attachment
1. Staff recommends approval of an amendment to the existing maintenance services
agreement with ESA extending the term through December 31, 2018, with two, one-
year optional extensions at the City's discretion, without competitive bidding as
explained below. In order to approve this exception to the competitive bid process, the
City Council would need to adopt the attached resolution (Attachment 2) and extend the
agreement via an amendment (Attachment 3).
DISCUSSION/ANALYSIS:
The City's agreement with ESA provides for winter preparation activities and for weed
and refuse abatement under provisions of the Municipal Code. A list of operations and
work summary under the agreement is attached for reference as Attachment 4. ESA
has provided exceptional service to the City for 18 years and has offered to enter into a
contract amendment under the same terms and fees as the previous nine years.
Previous solicitations conducted in 2002 and 2007 for weed, rubbish, and thistle
abatement services resulted in only one proposer, ESA, being deemed the only
qualified proposer willing to perform the full scope of work required by the City at a
reasonable price. A formal RFP process would likely result in higher fees, and it is
recommended that a contract amendment be approved without a formal RFP process
under the exceptions provided for in the Municipal Code. Section 3-4.306(e)(3) of the
Municipal Code provides an exception to the formal RFP process where the process is
deemed not to be the most cost-effective approach. Additional benefits to the City and
the community by extending this agreement with ESA include the following:
• Familiarity with the city (both public and private properties)
• Historic and institutional knowledge of the areas that require work
• Flexibility to City needs and priorities
• Minimal staff oversight and supervision
• Established relationships with other municipal and regulatory agencies
FISCAL IMPACT:
There is sufficient funding in the current operating budget to cover the proposed
contract costs.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) the recommended
action is exempt from CEQA per Section 15061 (b )(3), the general rule that the CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Extension of a maintenance services agreement with ESA, to provide
City Council Agenda Report
November 1, 2016
Page 3 of 3
weed, rubbish, winter preparation and thistle abatement would not be an activity with
potential to cause significant effect on the environment and therefore exempt from
CEQA.
CITY COUNCIL REVIEW:
• On March 17, 1998, the City Council approved a personal services agreement
with Stewart and Associates to provide weed and thistle abatement/control on
City property and open space and private property, street right of way areas, and
water facility sites.
• On October 15, 2002, the City Council approved a personal services agreement
with Stewart and Associates to provide weed, rubbish, and thistle abatement.
• On January 16, 2007, the City Council approved the personal services
agreement with E. Stewart and Associates, Inc. (Incorporated in 2004) to provide
weed, rubbish, and thistle abatement.
• On March 15, 2016, the City Council adopted a resolution waiving the formal
request for proposal (RFP) process and authorized the City Manager to execute
a maintenance services agreement with E. Stewart and Associates, Inc. for
weed, rubbish, winter preparation, and thistly abatement, for an amount not to
exceed $240,000.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission review.
NOTIFICATION:
E. Stewart and Associates, Inc. (ESA)
ATTACHMENT(S):
Attachment 1: E. Stewart Offer Letter
Attachment 2: Resolution
Attachment 3: Amendment No. 1 to Maintenance Services Agreement, ESA
Attachment 4: Operations List and Work Summary
October 6, 2016
E. Stewart and Associates, Inc.
1000 Calle Ncgocio
San Clemente, CA 92673
(949) 498·9250
FAJ((949)498-4961
Ms. Jill Thomas, Senior Management Analvst
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan capistrano, CA 92675
RE: Weed, Rubbish, and Thistle Abatement Contract Extension
Dear Ms. Thomas,
I would like to thank you and your staff for the confidence and support extended to my
company over the past 30 years we have performed weed abatement for the City of San Juan
capistrano.
My employees and I have found It a privilege to work in the beautiful community of San Juan
Capistrano . Because we would love to continue doing so, I would like to respectfully request an
extension of our weed, rubbish, and thistle abatement contract at the current unit pricing for
an addftlonaiS years.
We appreciate the opportunity to provide the services that enable the City and It's residents to
be In compliance with fire safety and prevention programs, and continue to strive to provide
the standard of work the Oty has come to expect.
We thank you for your consideration.
Sincerely,
~~~.::6
Ed Stewart
Attachment 1
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RESOLUTION NO. 16-11-01-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO WAIVE THE FORMAL REQUEST FOR
PROPOSAL/REQUEST FOR QUALIFICATION BID (RFP/RFQ)
PROCESS AS A NON COST-EFFECTIVE APPROACH, AND
AUTHORIZING STAFF TO PROCEED WITH AN AMENDMENT TO THE
EXISTING MAINTENANCE SERVICES AGREEMENT WITH E.
STEWART AND ASSOCIATES, INC., FOR WEED, RUBBISH, WINTER
PREPARATION, AND THISTLE ABATEMENT
WHEREAS, the City entered into an Maintenance Services
Agreement with E. Stewart and Associates, Inc., for weed, rubbish and thistle
abatement services on March 15, 2016 ("Agreement"); and
WHEREAS, the Agreement is presently set to expire on December 31, 2016; and
WHEREAS, the City wishes to extend the term of the Agreement to December
31, 2018, with two one-year optional extensions at the City's discretion; and
WHEREAS, pursuant to Section 6-7.01 of the San Juan Capistrano Municipal
Code, abatement of weeds and thistle, and the removal of garbage, refuse, and dirt
throughout the City must be performed annually to assist in reducing risks associated
with fire, health, and safety. Additionally, Assembly Bill 337, High Fire Severity Zone
Abatement, requires the City to abate weeds in designated High Fire Hazard Severity
Zones, and as directed by the Orange County Fire Authority ("Authority"); and
WHEREAS, weed abatement and winter preparation is imperative to ensure
compliance with the City's municipal code and state law; and
WHEREAS, previous solicitations conducted in 2002 and 2007 for weed, rubbish
and thistle abatement services resulted in only one proposer (E. Stewart and
Associates, Inc.) being deemed the sole qualified proposer willing to perform the full
scope of work required by the City at a reasonable price; and
WHEREAS, Section 3-4.304 of the San Juan Capistrano Municipal Code
provides that maintenance services contracts over $25,000 are subject to a formal
RFP/RFQ bid process; and
WHEREAS, Section 3-4.306(e)(3) of the San Juan Capistrano Municipal Code
provides an exception to the formal RFP/RFQ process where the process is deemed
not to be the most cost-effective approach; and
WHEREAS, undergoing a formal RFP/RFQ process for weed, rubbish and thistle
abatement services would not be the most cost-effective approach given the lack of
Attachment 2 -Page 1 of 2
responses from qualified firms other than E. Stewart and Associates, Inc., to the City's
previous solicitations; and
WHEREAS, E. Stewart and Associates, Inc., is familiar with the City's needs, has
indicated that it will hold existing pricing; has historical knowledge of the nuances of the
service areas; has demonstrated its flexibility to meet the City's service requirements;
requires minimal staff oversight; has historically provided excellent service to the City;
has an understanding of the requirements of the Authority and is able to perform the
services necessary to comply with directives from the Authority and as otherwise
required by AB 337; and can immediately begin performing services without any
substantive ramp up time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS
FOLLOWS:
1. That the foregoing recitals are true and correct and incorporated herein by this
reference.
2. That undergoing a formal RFP/RFQ process at this time for weed, rubbish and
thistle abatement services would not be the most cost-effective approach.
3. That Amendment No. 1 to the Agreement extending the term of the Agreement is
hereby approved.
4. That the City Manager or his designee is hereby authorized to execute
Amendment No. 1 to the Agreement.
PASSED, APPROVED, and ADOPTED is 1st Day of November, 2016 .
Pam Patterson, Esq., Mayor
Maria Morris, City Clerk
Attachment 2 -Page 2 of 2
AMENDMENT NO.!
TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
E. STEW ART AND ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as
of this 181 day of November, 2016, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and E. Stewart and
Associates, Inc., a California corporation, with its principal place of business at 1000 Calle Negocio,
San Clemente, California ("Contractor"). City and Contractor are sometimes individually referred to
as "Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled
"MAINTENANCE SERVICES AGREEMENT' dated March I 5, 2016 ("Agreement") for the
purpose of retaining the services of Contractor to provide professional weed and rubbish abatement
and winter preparation services.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the Maintenance Services Agreement for Weed, Rubbish, Winter Preparation, and Thistle
Abatement at the current unit pricing for an additional two year term, with two one-year optional
extensions at the City's discretion.
2.3 Amendment Authority. This Amendment No. l is authorized pursuant to Section
3. I .2 of the Agreement.
3. Terms.
3.1 Amendment. Section 3.1.2 of the Agreement is hereby amended in its entirety to read
as follows:
3 .1.2 Term. The term of this Agreement shall be from March 15,
2016, to December 31, 2018, with two one-year optional
Page 1 of3
6114702100\29314735 I
Attachment 3
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extensions at the City's discretion, unless earlier tenninated as
provided herein. Contractor shall complete the Services within the
term of this Agreement, and shall meet any other established
schedules and deadlines. In addition to the foregoing optional
extensions exercisable at the City's discretion, the Parties may, by
mutual, written consent, further extend the term of this Agreement
if necessary to complete the Services.
3.2 ontinuing Effect of Agreement. Except as amended by this Amendment No.1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions ofthe
parties under this Amendment No.1. From and after the date of this Amendment No.1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No.1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undettaken pursuant to this Amendment No.1.
3.4 Severability. If any portion of this Amendment No.1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
Page 2 of3
61147 02100\29314735.1
Attachment 3
2 of 3
SIGNATURE PAGE FOR AMENDMENT NO.! TO MAINTENANCE SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND E. STEWART AND ASSOCIATES, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Ben Siegel
City Manager
Date
Attested By.
Maria Morris, City Clerk
61147 .. 02100\2931473S.l
E. STEW ART AND ASSOCIATES, INC.
~.0~
Signature
5hw1W .w 8*=wl'fe r
Name
Title
Date 1
'
Page 3 of3
E. Stewart and Associates, Inc.
1000 Calle Negoclo
San Clemente, CA 92673-6205
Attachment 3
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OPERATIONS WORK SUMMARY
A!!aofWork QygotJtv Tl£1!! of Work
Annual City Proaram 114 acres Disking
18 acres Mowing
27 acres Handwork
Reservoir Sites 42 acres Performed Monthlv
City Right-of-Way 20 acres Performed MonthlY
AB 337 High Fire Hazard
Severity Zone 230acres Dis king
20 acres Handwork
Notifications, Inspection, Posting, Problem
Resolution, Abatement of Non-Compliant Properties
Program Administration 825+ Parcels I (Februarv throuah Auaust)
Winter Preparation 34 Locations V-Ditches
25 Locations Drainage Facility Areas
Small Ditches Sandbaa Placement
Swales leading to drains
and trail crossinas Sandbaa Placement
Thistle Abatement Open space as requ ired If directed bv CitY Council and budaet supported
Dlsking is perfonned in agricultural areas only. Fugitive dust prohibits disking on residential lots. Dlsklng Is the most cost
effective for weed abatement, however, the use of this method is limited by water quality standards and restrictions in many
circumstances.
Mowing is perfonned on flat or slightly sloped areas with no obstructions, rocks, etc., and is the preferred method of weed
abatement. Mowing costs are higher than disking, however, water quality standards and restrictions require this type of
work in some areas.
Handwork is perfonned on parcels with obstructions (fences, rocks, benns) and slopes in excess of 2:1. Handwork (labor)
Is the least cost effective method of weed abatement, however, is required for full implementation of the program.
Attachment 4
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