HomeMy WebLinkAbout07 CONT AMEND W/SPECTRUMCARE 07-07-09Agenda Item 7 _ .
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Reviewed:
AGENDA REPORT City Manager
- =--~ Finance Director
MEETING DATE: JULY 7, 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 AND THE TUSTIN LEGACY PARCELS 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 and the Tustin Legacy parcels for Fiscal Year 09/10. Additionally, the
amendment includes the deletion of Citrus Grove maintenance and the addition of 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 authorize the Mayor and City Clerk to execute the amendment on behalf of the City,
subject to City Attorney approval.
FISCAL IMPACT
Sufficient funds have been budgeted in the Field Services Operating Budget, Water Services
Operating Budget and the Marine Base Redevelopment Fund to cover the cost of the contract through
Fiscal Year 09/10.
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 delete the maintenance of the Citrus Grove and 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, for the General Fund Areas and
$74,174.16 for the Tustin Legacy parcels.
Contract Amendment
July 7, 2009
Page 2
SpectrumCare has provided consistent service of acceptable quality over the last three years and has
been very responsive in enhancing maintenance standards when requested.
Tim D. Serlet
Director of Public Works/City Engineer
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~,kson C chill
Field Services 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
July 1, 2008, which extended the Agreement until June 30, 2009, and 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 third
and final one-year period.
G. WHEREAS, City and Contractor desire to adjust Contractor's compensation under this
Agreement to reflect a 0.1 % increase in all General Fund areas and the Tustin Legacy parcels,
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 at Pasadena Well, 170 Pasadena Avenue; Edinger Avenue
median from Newport Avenue to Del Amo Avenue; and new County Library, 345 E. Main, to the
Agreement, to delete the landscape maintenance for the Citrus Grove at Citrus Ranch Park
from the Agreement, and to adjust contractor's compensation under the Agreement accordingly.
AGREEMENT
The Agreement is hereby amended as follows:
A. The areas of landscape maintenance services to be provided by the Contractor under
this Agreement and the corresponding compensation are amended as follows:
1. Remove the Citrus Grove at Citrus Ranch Park with a current monthly payment of
$3,266.34 from the Agreement.
2. Add 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.
3. Add Pasadena Well at 170 Pasadena Avenue for a total monthly payment of $640.
4. Add 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. The City shall also pay the contractor, on a monthly
basis, an amount equal to $6,181.18 for Tustin Legacy parcels.
2. City shall pay the Contractor a sum not to exceed $341,928 for the period from July
1, 2009 to June 30, 2010 for the General Fund areas, which includes $16,512 for
the newly added areas. The City shall also pay a sum not to exceed $74,174.16 for
the Tustin Legacy parcels.
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
(Seal)
APPROVED AS TO FORM
City Attorney
APPROVED AS TO CONTENT:
Public Works Director
BY:
ATTEST:
Date
Firm Name:
(Seal)
BY:
TITLE
Mayor of the City of Tustin
City Clerk of the City Tustin
Date
CONTRACTOR
SpectrumCare Landscape and
Irrigation Management, Inc.
John Hall
President
ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED
PERSON (S)
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