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Home My WebLink About09 APPROVE CONTRACT AMENDMENTS WITH SPECTRUM CARE LANDSCAPE AND IRRIGATION MANAGEMENT• Agenda Item ~ AGENDA REPORT Reviewed: City Manager Finance Director MEETING DATE: AUGUST 2, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVAL OF CONTRACT AMENDMENTS WITH SPECTRUM CARE LANDSCAPE AND IRRIGATION MANAGEMENT, INC. FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND/TUSTIN LEGACY AREAS, AND TUSTIN LANDSCAPE AND LIGHTING DISTRICT SUMMARY Staff is recommending the City Council approve contract amendments with SpectrumCare Landscape and Irrigation Management, Inc. (SpectrumCare) to provide a one (1) year extension to each of the existing landscape maintenance services contracts for the General Fund/Tustin Legacy Areas and the Tustin Landscape and Lighting District (TLLD). The proposed amendments will extend services through Fiscal Year 11/12 at FY 10/11 pricing and include a $24,000 annual landscape and irrigation enhancement credit/contribution to be used citywide. RECOMMENDATION It is recommended that the City Council approve contract amendments No. 5 & 6 to the existing maintenance services contracts with SpectrumCare Landscape and Irrigation Management, Inc., respectively, providing each with a one (1) year extension from July 1, 2011 through June 30, 2012 and authorize the Mayor and City Clerk to execute the contract amendments. FISCAL IMPACT Sufficient funds have been budgeted in the 2011/12 Fiscal Year Lighting and Landscape District, Field Services, Water Services, and Marine Base Redevelopment Fund budgets for these services. The proposed annual cost for services will be held to Fiscal Year 2010/11 pricing at an amount not- to-exceed $321,780 for the Tustin Landscape and Lighting District, $332,674 for the General Fund areas and $71,207 for Tustin Legacy. Additionally, SpectrumCare will continue to provide the City annually $24,000 of landscape/irrigation upgrades at no cost to the City. DISCUSSION Originally, following a request for contract landscape maintenance services, the City awarded two contracts with SpectrumCare Landscape 8 Irrigation Management, Inc. (SpectrumCare) in January 2007 for maintenance of all Tustin Landscape and Lighting District (TEED), General Fund and Water Services properties. The initial contract periods were for 6-months, with three 1-year extensions at the City's sole discretion. Based upon performance, each extension was approved by the City Council. The Tustin Legacy landscape maintenance responsibilities were included when the respective contract was extended in July 2008. The original term, with subsequent extensions expired on June 30, 2010. However, again, based on their performance, responsive customer service, potential cost savings option and proposed enhancement contribution, the City Council on June 15, 2010 approved one year contract SpectrumCare Contract Amendments No. 5 & 6 August 2, 2011 Page 2 extensions, with an option for two additional one year extensions. In exchange, SpectrumCare agreed to maintain existing service levels, reduce City cost by 4% ($30,367 annually), and provide $2,000 per month, not-to-exceed $24,000 annually, for a citywide Landscape Irrigation Enhancement Program. Of the net annual savings: $13,400 is for the TLLD and $16,967 is for the General Fund/Tustin Legacy. The enhancement program is centered on gateway entries, focal points and street medians. Working closely with staff over the past year, $22,116 of enhancements have been implemented - a list of those enhancements is attached for reference. A balance of $1,884 will be carried forward to this year's program allocation. SpectrumCare has provided consistent service of acceptable quality over the last four and a half years and staff has been very satisfied with their professionalism, customer service and responsiveness to the City's concerns. Therefore, staff is recommending that the City Council approve the one-year extension options with SpectrumCare for contract landscape maintenance services through June 30, 2012. The City Attorney has reviewed and approved each of the proposed amendments as-to-form. ~u~a~ ~. Stack, P.E. re o Public Works/City Engineer Attachment: Contract Amendment No. 5 -TLLD Contract Amendment No. 6 -General Fundlfustin Legacy List of Enhancements FY 10/11 S:\City Council Items\2011 Council Items\Approval of Contract Amend No 5 8 6- SpedrumCare.docx ATTACHMENT 1 Contract Amendment No. 5 - TLLD AMENDMENT #5 TO AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND SPECTRUMCARE LANDSCAPE AND IRRIGATION MANAGEMENT INC FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT This Fifth Amendment (The "Amendment") is entered into this day of 2011, 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 Assessment District" for the period from January 1, 2007 to June 30, 2007; B. WHEREAS, the initial term of the Agreement was for 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 1, 2008 and extended the Agreement until June 30, 2009. E. WHEREAS, City and the Contractor entered into the Third Amendment to the Agreement on May 19, 2009 and extended the agreement until June 30, 2010. F. WHEREAS, City and Contractor entered into the Fourth Amendment to the Agreement on June 15, 2010 and extended the Agreement until June 30, 2011. G. WHEREAS, City and Contactor desire to extend the Agreement for an additional one (1) year period from July 1, 2011 through June 30, 2012. H. WHEREAS, the Contractor has offered to continue to provide landscape maintenance services at the current contract unit prices for the period from July 1, 2011 to June 30, 2012. I. WHEREAS, Contractor agreed to continue to provide the City annually $24,000 of landscape/irrigation upgrades at no cost to the City. Locations to be determined by staff within either General Fund Areas or Assessment District Areas. J. WHEREAS, City and Contractor find that a one (1) year extension of the Agreement will promote stability at a predictable cost and provide upgrades to the existing landscape/irrigation at no additional cost to the City. AGREEMENT The Agreement is hereby amended as follows: A. Section D, Item 2.1, Paragraph 4, Length of Contract is amended to extend the term of the Agreement for an additional one-year period through June 30, 2012 unless sooner terminated pursuant to Section D, Item 6-5 of the Agreement. B. Section C, Article II of the Agreement, as amended. City shall pay the Contractor the following sum for the periods indicated: 1. From July 1, 2011 to June 30, 2012 the City shall pay the Contractor, on a monthly basis an amount equal to $26,815.04. 2. City shall pay the Contractor a sum not to exceed $321,780.48 for the period from July 1, 2011 to June 30, 2012. C. Except as expressly amended by this Fifth 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. (Seal) BY: ATTEST: Mayor of the City of Tustin APPROVED AS TO FORM City Atto y APPROVED A TO CONTENT: u Ic orks irector CONTRACTOR Firm Name: (Seal) BY: THE CITY OF TUSTIN City Clerk of the City Tustin Date Date SpectrumCare Landscape and Irrigation Management, Inc, John Hall TITLE: President ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S) ATTACHMENT 2 Contract Amendment No. 6 -General Fund/Tustin Legacy AMENDMENT #6 TO AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND SPECTRUMCARE LANDSCAPE AND IRRIGATION MANAGEMENT INC FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES FOR THE GENERAL FUND AREAS IN THE CITY OF TUSTIN This Sixth Amendment (The "Amendment") is entered into this day of 2011, 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 for 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 entered into the Fourth Amendment to the Agreement on June 16, 2009 and extended the Agreement from July 1, 2009 through June 30, 2010. This Agreement also added three new landscaped areas at Pasadena Well, Edinger Avenue median from Newport Avenue to Del Amo Avenue, and the new Tustin Library. G. WHEREAS, City and Contractor entered into the Fifth Amendment to the Agreement on June 15, 2010 and extended the Agreement until June 30, 2011. H. WHEREAS, City and Contactor desire to amend the Agreement for an additional one (1) year period from July 1, 2011 through June 30, 2012. WHEREAS, the Contractor has offered to continue to provide landscape maintenance services at the current contract unit prices for the period from July 1, 2011 to June 30, 2012. J. WHEREAS, Contractor agreed to corrtinue to provide the City annually $24,000 of landscapeftrrigation upgrades at no cost to the City at locations to be determined by staff within either General Fund Areas or Assessment District Areas. K. WHEREAS, City and Contractor find that a one (1) year extension of the Agreement will promote stability at a predictable cost and provide upgrades to the existing landscape/irrigafion at no addltbnal cost m the City. AGREEMENT The Agreement is hereby amended as folbws: A. Section D, Item 2.1, Paragraph 4, Length of Contract is amended bo extend the term of the Agreement for an additional one-year period through June 30, 2012 unless sooner terminated pursuant to Section D, Item 8~ of the Agreement. B. Section C, Amide I1 of the Agreement, as amended. City shall pay the Contractor the folbwing sum for the periods indicated: From July 1, 2011 to June 30, 2012 the Clty shall pay the Contractor, on a monthly basis an amount equal to $27,722.83 for the General fund areas. The City shall also pay the contractor, on a monthly basis, an amount equal to $5,933.93 for Tustin Legacy parcels. 2. City shall pay the Contractor a sum not th exceed $332,674 for the period from Juy 1, 2011 to June 30, 2012 for the General Fund areas. The City shall also pay a sum not to exceed $71,207.16 for the period from July 1, 2011 to June 30, 2012 for the Tustin Legacy parcels. C. Except as expressly amended by this Amendment, all other terms and condltbns of the Agreement and all attachmerrts and exhibits thereto, shall remain in full fonts and effect. 1N WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date flrst above written. BY: THE CITY OF TUSTIN (Seal) Mayor of the Clty of Tustin ATTEST: APPROVED AS TO FORM City mey APPROVEQ AS~TIJ CONTENT: Director (Seal) City Clerk of the City Tustin Date Date CONTRACTOR Firm Name: SpectrumCare Landscape and Inigatlon Management, Inc. BY: John Hall TITLE: President ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S) ATTACHMENT 3 List of Landscape Irrigation Enhancements Landscape Irrigation Enhancement Program Fiscal Vear 2010-2011 Month Location Enhancement Description Amount Cummlative July-September Tustin Ranch Road Median irri ofion control $ 4,500 $ 4,500 October Police Department Entry/Memorial plant material and irri anon $ 845 $ 5,345 November 3rd and Prospect Parkway landscape and irri ofion, incl. onsite parkin lot planters $ 5,739 $ 1 1,084 December -February 17th Street n Entry Supplemental plant material, mulch and irri ofion $ 3.21 1 $ 14,295 March TRR and Pioneer Plantin and modify irri ofion -additional Lantana round cover $ 698 $ 14,992 March Civic Center Plantin ,various focal points $ 1.260 $ 16,252 April Hall Street Median Plant and irri ofion, complete reconstruction $ 1,406 $ 17,658 May Paseo Myo Plantin ,supplement plant material ihrou hout $ 2,124 $ 19,782 June Pioneer Rd Plantin ,supplemental roses of toners $ 2,334 $ 22.1 16 FY 2010/11 Allocation: $ 24,000 FY 2010/11 Expenditure: $ (22,116) Balance: $ 1.884