REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Title
Action on the Agreement with James Nicholson Enterprises DBA Dinsmore Landscape Company for Landscaping Services at Levi’s Stadium in a Total Not-To-Exceed Amount of $671,000, Inclusive of All Contract and Option Years and Contingency, and Delegated Authority for Approval of Option Years and Use of Contingency
Report
BACKGROUND
Pursuant to Section 2.9 of the Stadium Management Agreement between the Santa Clara Stadium Authority (Stadium Authority), Forty Niners SC Stadium Company LLC (StadCo), and Forty Niners Stadium Management Company LLC (Stadium Manager), the Stadium Manager is responsible for maintaining Levi’s Stadium (Stadium) “in the Required Condition and operate it as a high-quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility…”
Landscaping at Levi’s Stadium plays an important role in maintaining the facility’s overall appearance, safety, and functionality. As a high-profile multi-purpose venue that hosts professional sporting events, concerts, and large public gatherings, the Stadium’s exterior grounds and landscaped areas contribute significantly to the visitor experience and perception.
The Stadium Manager has an existing agreement with Gachina Landscape Management, Inc. for landscaping services, which commenced on April 1, 2023. The Stadium Manager received approval on March 24, 2026 from the Stadium Authority Board to execute Amendment No. 1 to the Agreement with Gachina Landscaping Management, Inc. to extend the term through March 31, 2027, while the Stadium Manager finalized the solicitation process for the new landscaping maintenance agreement. Amendment No. 1 included a termination for convenience clause to allow for the continuity of services until a new agreement is approved and transition period to onboard a new landscaping service provider. During the term of the agreement, the Stadium Manager incurred approximately $205,000 through March 2026.
On October 20, 2025, the Stadium Manager issued a Request for Proposals (RFP) to select a qualified firm for landscaping maintenance services at Levi’s Stadium. The RFP closed on December 3, 2025 with seven (7) proposal submissions from the following firms on or before the RFP due date and time:
1. Bella Turf and Greens Inc.
2. James Nicholson Enterprises DBA Dinsmore Landscape Company (Dinsmore)
3. EMTS, Inc.
4. Gachina Landscape Management, Inc. (Gachina)
5. Jensen Landscape Services LLC (Jensen)
6. K & D Landscaping, Inc. (K & D)
7. K&K JL Services, Inc. DBA K&K Construction (K&K JL)
An Evaluation Committee reviewed the proposals based on the criteria outlined in the RFP. All seven firms met the basic requirements of the RFP submissions. The Stadium Manager held cost clarifications with vendors to confirm cost proposals and was able to negotiate pricing and optional year extension increases. Dinsmore was determined to be the highest-ranking proposer offering the best value.
As such, the Stadium Manager is requesting Stadium Authority Board (Board) approval for the following actions for a service agreement for landscaping maintenance services:
1. Approve and authorize the Stadium Manager to execute the Agreement with Dinsmore Landscape Company (Agreement) (Attachment 1) for landscape maintenance services at Levi’s Stadium for an initial term of three (3) years commencing May 1, 2026, and expiring April 30, 2029, with two (2) optional one-year extensions through April 30, 2031. The total aggregate amount shall not exceed $376,000 over the initial three-year period, and $639,000 over the maximum five (5) year term unless modified pursuant to Recommendation 2 below. The term for each fiscal year is contingent on the Santa Clara Stadium Authority approving the applicable fiscal year's budget, including amounts due under the Agreements.
2. Authorize the Executive Director to approve future amendments to the Agreement to: (a) exercise the first one-year option for the fourth contract year and increase the not-to exceed amount by $129,500 to cover services from May 1, 2029 to April 30, 2030 and update the compensation and fee schedule to incorporate a maximum 3% increase, (b) exercise the second one-year option for the fifth contract year and increase the not-to exceed amount by $133,500 to cover services from May 1, 2030 to April 30, 2031 and update the compensation and fee schedule to incorporate a maximum 3% increase, and (c) increase the not-to-exceed amount by up to an additional $32,000 as contingency for additional unanticipated services, which may be utilized in any contract year, all subject to the same basic terms and conditions and budget appropriations.
3. The total not-to-exceed maximum compensation for the Agreement, inclusive of contingency and all contract years, shall not exceed $671,000.
A Recommendation Memo was submitted describing the Stadium Manager’s request in more detail (Attachment 2).
DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo and supporting documents for consistency with the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.140(c) (Competitive requirements for purchases - Formal requests for proposals for agreements with an amount over $250,000). As described above and in the Stadium Manager’s Recommendation for Award memo, the Stadium Manager implemented an RFP process and received seven (7) proposals, and through the evaluation and subsequent negotiations process is recommending award of the agreement to Dinsmore, the highest-ranking proposer offering the best value.
The Stadium Manager is requesting an approval of an agreement that includes an initial three-year term with a not-to-exceed amount of $376,000 (upon Agreement execution through April 30, 2029) that includes two optional one-year extensions. Exhibit B of the Agreement outlines established pricing for ongoing monthly services and rates for as-needed services.
Any extra work or additional services not specifically identified in the monthly ongoing services or otherwise detailed in Exhibit A will require the Stadium Manager's prior written approval through a work order that identifies the scope of work and agreed-upon price, except that extra work or additional services that are not specifically identified in Exhibit A will require written amendment executed by the parties. The vendor will also be required to provide a breakdown of labor, materials, and any equipment costs.
The Agreement includes a provision allowing for annual rate adjustments in contract years four and five (May 1, 2029 through April 30, 2031), limited to three percent (3%) annually or the regional Consumer Price Index (CPI) increase, whichever is lower, should the Stadium Manager elect to exercise the option years. The Stadium Manager is also requesting for a five percent (5%) contingency, equivalent to $32,000 to address any unforeseen or additional as-needed services that may arise during the term of the Agreement. The contingency may be utilized in any contract year, as needed.
Table 1 below summarizes the projected costs over the five-year term of the Agreement, assuming a 3% annual increase for contract years four and five.
Table 1 - Cost Summary
|
Description |
“Combined” NTE |
|
Initial Three-Year Term (5/1/26-4/30/29) |
$376,000 |
|
Optional Year 4 (5/1/29-4/30/30) |
$129,500 |
|
Optional Year 5 (5/1/30-4/30/31) |
$133,500 |
|
Contingency (5% of Total Agreement Amount) |
$32,000 |
|
Total Not-to-Exceed Maximum Compensation |
$671,000 |
The Stadium Manager has clarified that the landscaping services will not be used for the field, and that the turf included within the scope of services references plant materials that provide a ground cover and that they expanded the coverage for rooftop maintenance. As such, the cost of the Agreement will be Shared Stadium Expenses under the Engineering line item.
Based on the documentation provided, staff recommends approval of the Stadium Manager’s requests as modified in the recommendation language below and reflected in the attached Agreement, and additional delegated authority to the Executive Director to approve Stadium Manager requests to exercise options for Year 4 and 5 of the Agreement and utilize up to $32,000 of the contingency during the term of the contract.
The Stadium Authority Counsel’s Office has reviewed the Agreement for comparison to the Stadium Authority’s customary language. Nothing in the Agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.
The Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year-end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.
ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the maintenance of existing landscaping of existing public or private facilities involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.
FISCAL IMPACT
The total not-to-exceed amount for the agreement is $671,000 over the entire agreement term, inclusive of the two option years and contingency.
The Stadium Authority Fiscal Year (FY) 2026/27 Budget includes Shared Stadium Expenses, such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. In accordance with the Stadium Lease, most Shared Stadium Expenses are allocated 50/50.
There are sufficient funds in the FY 2026/27 Shared Stadium Expenses Engineering line item to cover the Stadium Authority’s fifty percent (50%) share of the total not-to-exceed amount of $376,000 for the initial term and the $32,000 contingency (up to $188,000 plus $16,000 for contingency).
The term for subsequent fiscal years is conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under the agreement as required under Santa Clara City Code Section 17.30.100.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s and Treasurer’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve and authorize the Stadium Manager to execute the Agreement with James Nicholson Enterprise DBA Dinsmore Landscape Company for landscape maintenance services at Levi’s Stadium for an initial term of three (3) years commencing upon execution of the Agreement and expiring April 30, 2029, with two (2) optional one-year extensions through April 30, 2031. The total aggregate amount shall not exceed $376,000 over the initial three-year period, plus a $32,000 contingency that is subject to Executive Director approval. The term for each fiscal year is contingent on the Stadium Authority Board approving the applicable fiscal year's budget, including amounts due under the Agreements; and
2. Authorize the Executive Director to approve, in his sole discretion, requests from Stadium Manager to: (a) exercise the first one-year option for the fourth contract year and increase the not-to exceed amount by $129,500 to cover services from May 1, 2029 to April 30, 2030 and update the compensation and fee schedule to incorporate a maximum 3% increase, (b) exercise the second one-year option for the fifth contract year and increase the not-to exceed amount by $133,500 to cover services from May 1, 2030 to April 30, 2031 and update the compensation and fee schedule to incorporate a maximum 3% increase, and (c) utilize up to an additional $32,000 as contingency for additional unanticipated services, which may be utilized in any contract year, all subject to the same basic terms and conditions and budget appropriations. The total not-to-exceed maximum compensation for the Agreement, inclusive of contingency and all contract and option years, shall not exceed $671,000.
Staff
Reviewed by: Christine Jung, Deputy City Manager
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Draft Agreement with James Nicholson Enterprise DBA Dinsmore Landscape Company
2. Stadium Manager’s Recommendation Memo