DATE: October 13, 2016
SUBJECT:
Title
RESOLUTION AUTHORIZING AMENDMENT NO.1 TO AGREEMENT WITH RANDY BATES, DBA NATURESCAPE SERVICES FOR MAINTENANCE SERVICES AT BROADWAY LANDING, BROADWAY PASEO, AND LANE FIELD PARK, REMOVING LANE FIELD PARK FROM THE AGREEMENT AND DECREASING THE MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT BY $185,481, FOR A NEW MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT OF $1,052,167
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EXECUTIVE SUMMARY:
On December 8, 2015, the Board of Port Commissioners (Board) adopted a resolution authorizing a multi-year agreement with Randy Bates, dba NatureScape Services (NatureScape) for Broadway Landing, Broadway Paseo, and Lane Field Park Maintenance Services in an amount not to exceed $1,237,648. The maintenance agreement with NatureScape, which expires June 30, 2019, is used to provide lawn and landscape maintenance, pest control, irrigation, litter pickup, trash removal, recycling separation, storm water system maintenance, janitorial services, hardscape cleaning and weed control in landscape and hardscape areas at Broadway Landing, Broadway Paseo, and Lane Field Park.
This amendment request is the result of removal of Lane Field Park (Lane Field) from the service area. Staff requests authorization to execute Amendment No. 1 to the agreement with NatureScape for Broadway Landing, Broadway Paseo and Lane Field Park Maintenance Services, changing the name of the agreement to exclude Lane Field, replacing the Scope of Services to exclude turf maintenance and references to Lane Field, and decreasing the total amount by $185,481 for a new maximum amount payable under the agreement of $1,052,167.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing Amendment No. 1 to agreement with Randy Bates, dba NatureScape Services for Broadway Landing, Broadway Paseo, and Lane Field Park Maintenance Services, removing Lane Field Park from the agreement and decreasing the total amount by $185,481 for a new maximum amount payable under the agreement of $1,052,167.
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FISCAL IMPACT:
Funds for the first year of this expenditure are budgeted for in the FY 16/17 General Services Facilities Maintenance-Outside Services expense account. Funds required for future fiscal years will be budgeted for in the appropriate fiscal year and cost account subject to Board approval upon adoption of each fiscal year’s budget.
Compass Strategic Goals:
Continued use of the agreement with NatureScape allows the District to provide a vibrant waterfront destination and to continue functioning as a leader in environmental stewardship of San Diego Bay.
This agenda item supports the following Strategic Goals.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
DISCUSSION:
On December 8, 2015, the Board of Port Commissioners (Board) adopted a resolution authorizing a multi-year agreement with Randy Bates, dba NatureScape Services (NatureScape) for Broadway Landing, Broadway Paseo and Lane Field Park Maintenance Services in an amount not to exceed $1,237,648. The maintenance agreement with NatureScape, which expires June 30, 2019, is used to provide lawn and landscape maintenance, pest control, irrigation, litter pickup, trash removal, recycling separation, storm water system maintenance, janitorial services, hardscape cleaning and weed control in landscape and hardscape areas at Broadway Landing, Broadway Paseo, and Lane Field.
This amendment request is the result of removal of Lane Field from the service area. In May of 2016, the District’s Real Estate Office entered into a lease with LFS Development, LLC (LFS), under which LFS would take over all maintenance responsibilities at Lane Field, effective June 1, 2016. NatureScape provided a proposal of reduced costs for line items that had previously included Lane Field. The original and proposed costs are as follows:
District staff has found these proposed costs to be reasonable and acceptable. This is a monthly cost reduction of $5,013 over a period of 37 months, resulting in an overall agreement reduction of $185,481.
Staff requests authorization to execute Amendment No. 1 to the agreement with NatureScape for Broadway Landing and Broadway Paseo Maintenance Services, decreasing the total amount by $185,481 for a new total not-to-exceed amount of $1,052,167.
General Counsel’s Comments:
The Office of the General Counsel has reviewed Amendment No. 1 to the agreement with Randy Bates, dba NatureScape Services, and approves as to form and legality.
Environmental Review:
The proposed Board action would authorize Amendment No. 1 to the Agreement with NatureScape Services for Maintenance services at Broadway Landing, Broadway Paseo, and Lane Field Park removing Lane Field Park from the agreement. The District originally approved development of the Broadway Landing and Broadway Paseo as components of the North Embarcadero Visionary Plan (NEVP) Phase 1 project. The potential environmental impacts were analyzed in the Master Environmental Impact Report (MEIR) for the North Embarcadero Alliance Visionary Plan (NEAVP), which was certified by the District on April 25, 2000 (Resolution 2000-82). Pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15179, the Board adopted Resolution 2006-131 on August 8, 2006, which found that: (1) no substantial changes have occurred with respect to the circumstances under which the NEAVP MEIR was certified; (2) the MEIR is adequate for use in the review of subsequent projects; and, (3) the mitigation measures contained in the NEAVP MEIR and Mitigation Monitoring and Reporting Program adopted by the Board under Resolution 2000-82 remain in effect and are applicable for subsequent projects described in the MEIR. The District subsequently prepared an Addendum to the MEIR as the environmental review for a Coastal Development Permit (CDP) for the NEVP Phase 1 Project in order to clarify minor refinements to the NEVP Phase 1 Project Description. The proposed Board action is not a separate “project” for CEQA purposes but is a subsequent discretionary approval related to a previously approved project. (CEQA Guidelines § 15378(c); Van de Kamps Coalition v. Board of Trustees of Los Angeles Comm. College Dist. (2012) 206 Cal.App.4th 1036.) Accordingly, the proposed Board action is merely a step in furtherance of the original project for which environmental review was performed and no further environmental review is required.
In addition, the proposed Board action complies with Section 87 of the Port Act, which allows for the construction, reconstruction, repair, maintenance, and operation of public buildings public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
Furthermore, on April 13, 2011, the CCC approved the CDP for the NEVP Phase 1 project (A-6-PSD-11-006). The Amendment No. 1 to the Maintenance Services Agreement with NatureScape Services at Broadway Landing and Broadway Paseo would allow furtherance of the project authorized under the NEVP Phase 1 project CDP. No additional action under the California Coastal Act is required.
Equal Opportunity Program:
Due to limited subcontracting opportunities, no SBE goal was established for this agreement. NatureScape is an SBE.
PREPARED BY:
Amy Tigri
Management Analyst, General Services
Attachment(s):
Attachment A: Agreement No. 263-2015
Attachment B: Amendment No. 1 to Agreement No. 263-2015