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HomeMy WebLinkAbout06 SPECTRUMCARE CONT AMEND 06-16-09Agenda Item s ~`--~~ * Reviewed: ~` ` AGENDA REPORT City Manager ~~ ~ ~~' Finance Director ~~ MEETING DATE: JUNE 16, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. SUMMARY Authorize the fourth and final contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. (SpectrumCare) to extend the agreement for landscape maintenance services within the General Fund areas for Fiscal Year 09/2010. Additionally, the amendment includes added landscape maintenance services associated with the following new areas/facilities; Pasadena Well, Edinger Avenue median from Newport Avenue to Del Amo Avenue, and the new Tustin Library. RECOMMENDATION It is recommended that the City Council approve the fourth and final amendment to the existing agreement with SpectrumCare Landscape & Irrigation Management, Inc. for landscape maintenance services and authorizes the Mayor and City Clerk to execute the amendment on behalf of the City. FISCAL IMPACT Sufficient funds have been budgeted in the Field Services Operating Budget to compensate an amount not-to-exceed $341,928 through Fiscal Year 09/2010. DISCUSSION The City has contracted with SpectrumCare Landscape & Irrigation Management, Inc. (SpectrumCare) since January 1, 2007 for maintenance of all of the General Fund areas. The original agreement was fora 6-month period with three 1-year extensions available to City. This contract amendment would extend the agreement for the third year of three 1-year extensions from July 1, 2009 through June 30, 2010, and would grant the Contractor a 0.1 % increase in accordance with the annual increase in the Consumer Price Index (CPI) for the Los Angeles, Riverside & Orange County metropolitan area. This contract amendment would also add three new areas/facilities; Pasadena Well site, Edinger Avenue median from Newport Avenue to Del Amo Avenue and the new Tustin Library. However, maintenance on the new library will not be authorized until after the project landscape and irrigation has been accepted and deemed complete in accordance with the approved project plans and specifications. SpectrumCare will be compensated monthly for services rendered. Total compensation shall not exceed $341,928. SpectrumCare has provided consistent service of acceptable quality over the last three years and has been very res onsive in enhancing maintenance standards when requ ste / ~ Tim D. Serlet '{~ J so h r ill Director of Public Works/City Engineer v Field a ices Manager Attachment (1) S:\City Council Items\2009 Council Items\Fourth Amend Spectrum Contract GF areaa.docx FOURTH AMENDMENT TO CONTRACT AGREEMENT THIS FOURTH AMENDMENT (the "Amendment") is entered into the _ day of 2009, by and between the City of Tustin, a municipal corporation (herein referred to as "City"), and SpectrumCare Landscape & Irrigation Management, Inc., a California corporation, (herein referred to as "Contractor"). This Amendment is made with reference to the following: RECITALS A. WHEREAS, City and Contractor entered into an Agreement dated November 20, 2006 (the "Agreement"), wherein Contractor agreed to perform landscape maintenance services in accordance with the Agreement and specifications entitled "Annual Landscape Maintenance Services for the General Fund areas." B. WHEREAS, the initial term of the Agreement was 6 months, with the option to be extended for three additional one-year terms by written agreement of the parties; C. WHEREAS, City and Contractor entered into the First Amendment to the Agreement on July 1, 2007 and extended the Agreement until June 30, 2008. D. WHEREAS, City and Contractor entered into the Second Amendment to the Agreement on July 23, 2007, to add the landscape maintenance of "Tustin Legacy Parcels". E. WHEREAS, City and Contractor entered into the Third Amendment to the Agreement on June 3, 2008, and entered the Agreement until June 30, 2009. This Agreement also added five newly landscaped areas at Tustin Ranch Road, Warner Avenue, Edinger Avenue, Moffett Drive, and Valencia Avenue to the Agreement. F. WHEREAS, City and Contractor desire to exercise the extension clause pursuant to Section D, Item 2-1, paragraph 4, "Length of Contract", to extend the Agreement for the final year, of three consecutive one-year periods G. WHEREAS, City and Contractor desire to adjust Contractor's compensation under this Agreement to reflect a 0.1 % increase in all of General Fund areas, effective July 1, 2009 for the 2009/2010 fiscal year. This increase will reflect the rise in the Consumer Price Index, for Los Angeles, Riverside and Orange County Metropolitan area, pursuant to Section D, Item 2-1, "Extension of Term of Contract". H. WHEREAS, City and Contractor also desire to add the landscape maintenance for the newly landscaped areas/facilities; Pasadena Well, 170 Pasadena Avenue, Edinger Avenue median from Newport Avenue to Del Amo Avenue, new County Library, 345 E. Main, to the Agreement and to adjust contractor's compensation under the Agreement to reflect the negotiated price increase for these areas. AGREEMENT The Agreement is hereby amended as follows: A. The areas of landscape maintenance services to be provided by the Contractor under this Agreement is amended to include the following newly added landscaped areas/facilities with corresponding negotiated monthly payment: 1. New County Library at 345 E. Main Street for a total monthly payment of $576, upon final acceptance and a written authorization to proceed from the City. 2. Pasadena Well at 170 Pasadena Avenue for a monthly payment of $640. 3. Edinger Avenue median from Newport Avenue to Del Amo Avenue for a total monthly payment of $160. B. Section D, Item 2-1, Paragraph 4, Length of Contract, is amended to extend the term of the Agreement for a final one-year period through June 30, 2010, unless sooner terminated pursuant to Section D, Item 6-5 of the Agreement. C. Section C, Article II of the Agreement, as amended, is further amended to increase Contractor's compensation by 0.1 % for the 2009/2010 fiscal year. City shall pay the Contractor the following sums for the periods indicated: From July 1, 2009 to June 30, 2010, the City shall pay the Contractor, on a monthly basis, an amount equal to $28,494 for the General Fund areas, which includes $1,376 for newly added areas. 2. City shall pay the Contractor a sum not to exceed $341,928 annually for the General Fund areas, which includes $16,512 for the newly added areas. D. Except as expressly amended by this Amendment, all other terms and conditions of the Agreement and all attachments and exhibits thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN BY: (Seal) Mayor of the City of Tustin ATTEST: City Clerk of the City Tustin APPROVED AS TO FORM City Attorney Date APPROVED AS TO CONTENT: Public Works Director Date CONTRACTOR Firm Name: SpectrumCare Landscape and Irrigation Management, Inc. (Seal) BY: John Hall TITLE: President ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S)