HomeMy WebLinkAbout06 TUSTIN LEGACY PROPERTY MANAGEMENT/CARETAKER SERVICESAgenda Item 6
Reviewed.'
AGENDA REPORT City Manager
Finance Director
MEETING DATE: JUNE 16. 2015
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: CITY MANAGER'S OFFICE
SUBJECT: TUSTIN LEGACY PROPERTY MANAGEMENT/CARETAKER
SERVICES
SUMMARY
Amendment No. 5 with So Cal Sandbags, Inc. for Tustin Legacy Property
Management/Caretaker services.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute
Amendment No. 5 with So Cal Sandbags, Inc. for Tustin Legacy Property
Management/Caretaker Services through June 30, 2016.
FISCAL IMPACT
It is estimated that the cost of the current contract for So Cal Sandbags' property
management/caretaker services from July 1, 2015 through June 30, 2016 will not
exceed $400,000. Sufficient funds have been appropriated in the FY 15/16 budget.
BACKGROUND
The City and So Cal Sandbags, Inc. ("Consultant") entered into that certain Consultant .
Services Agreement on January 3, 2011, as amended by that certain Amendment No. 1
to the Consultant Services Agreement dated as of June 19, 2011, by Amendment No. 2
dated as of July 26, 2012, by Amendment No. 3 dated as of June 18, 2013, and by
Amendment No. 4 dated September 29, 2014 (as amended, the "Original Agreement")
pursuant to which, Consultant agreed to provide property management and caretaker
services for City -maintained properties located on a portion of Tustin Legacy.
Among other things, property management also includes providing erosion and
sediment control obligations across the site; otherwise, failure to ensure all erosion and
sediment control are properly installed and regularly maintained can subject the project
and City to penalties of up to $10,000 a day. There is also the need to continue to
Agenda Report
Property Management/Caretaker Amendment No. 5
June 16, 2015
Page 2
maintain certain regulatory permits (401, 404, and 1600), previously assumed from the
former master developer, as obtained from the Regional Water Quality Control Board,
U.S. Army Corps of Engineers, and the California Department of Fish & Game,
respectively, and among other things provide the necessary authorizations to remove
certain wetland channels across the site in support of development within the Project
Area.
In addition to performing the required erosion and sediment control obligations, property
maintenance must continue to be performed (e.g., weed control/abatement, litter
collection, etc.) to protect existing grading and fill sites that have been created for
certain Tustin Legacy Backbone Infrastructure (i.e., Tustin Ranch Road construction
project boundaries, ramps for pedestrian walkways to cross Armstrong Road, Warner
Avenue and Tustin Ranch Road), fire prevention, access control to the property (e.g.,
perimeter fencing, securing and minimal maintenance of Hangar 29), and maintenance
of security fencing and gates. Until the responsibility of various Disposition Parcels are
transferred, and until such time as new developer(s) or specific capital improvement
projects are identified for all remaining portions of the property, or portions of the
property (depending on the strategy selected), management of properties within the site
must continue to ensure proper maintenance and oversight of the properties.
Pursuant to Amendment No. 1, the original Service Area was modified to remove
property associated with the Tustin Ranch Road Phase I Construction Project. Pursuant
to Amendment No. 2, additional property was added back to the total Service Area to
reflect the re -incorporation of certain properties due to changes in the Tustin Ranch
Road Phase II Construction Project limits. Pursuant to Amendment No. 3, the Service
Area was modified to reflect the removal of Disposition Parcels 1A -North and 2A plus
the inclusion of adjacent properties formerly maintained by a separate contractor.
Pursuant to Amendment No. 4, the Service Area was modified to reflect the removal of
property associated with development of property in Disposition Parcels 1 B and 6A.
Pursuant to Amendment No. 5, the Service Area is again being modified to reflect the
removal of property associated with the new Army Reserve site as well as the recently
completed Warner Avenue. Additional property is being added to the Service Area
pursuant to Amendment No. 5 to reflect the expansion of Veterans Sports Park at Tustin
Legacy that resulted from the Land Exchange Agreement with the South Orange
County Community College District. Finally, Amendment No. 5 recognizes the increased
maintenance responsibility for the edges created along the newly completed Warner
Avenue and at Hangar 29 due to increased licensing activity.
These changes to the City Service Area are reflected in the updated Service Area Map
attached as Exhibit A to Amendment No. 5. To determine if additional modifications to
Agenda Report
Property Management/Caretaker Amendment No. 5
June 16, 2015
Page 3
the Service Area will be needed to reflect changes in City responsibilities of various
early Disposition Parcels, Amendment No. 5 will require the City to provide confirmation
of the Service Area and notice to the Consultant by January 1, 2016 to proceed with the
second six months of service.
The initial Agreement executed on January 3, 2011 for the same services was at an
annual cost not -to -exceed $547,524 and was subsequently reduced to $425,000 after
the Consultant was on-site for a period of time and was able to better determine actual
costs. The amount was reduced again to $400,000 in FY13/14 after the elimination of
the Spectrum Care contract and incorporating the services into So Cal Sandbags'
contract.
So Cal Sandbags, Inc. has provided property management/caretaker services on City -
maintained properties at Tustin Legacy since January 2011 and has continued to
protect the City's interest and has repeatedly exceeded the City's expectations.
Staff will be available to answer any questions.
Kenneth Piguee
Management Analyst
669w S. West
ssistant to the City Manager
Attachment: 1. Amendment No. 5 to Consultant Services Agreement for Property
Management/Caretaker Services
AMENDMENT NO. 5
TO CONSULTANT SERVICES AGREEMENT
FOR
PROPERTY MANAGEMENT /CARETAKER SERVICES
FOR A PORTION OF TUSTIN LEGACY
This Amendment No. 5 to CONSULTANT SERVICES AGREEMENT
("Amendment No. 5") is made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("CITY") and So Cal Sandbags, Inc., a California Corporation
("CONSULTANT").
RECITALS
1. The City and So Cal Sandbags, Inc. ("Consultant") entered into that certain
Consultant Services Agreement on January 3, 2011, as amended by that certain
Amendment No. 1 to the Consultant Services Agreement dated as of June 19,
2011, by Amendment No. 2 dated as of July 26, 2012, by Amendment No. 3
dated as of June 18, 2013, and by Amendment No. 4 dated September 29, 2014
(as amended, the "Original Agreement") pursuant to which, Consultant agreed to
provide property management and caretaker services for City -maintained
properties located on a portion of Tustin Legacy.
2. In approving the Original Agreement, the City Council authorized that in the event
that the City Service Area needed to be reduced as a result of construction or
property transfers during the term of the Consultant Services Agreement, the City
Manager to execute any Amendments to the Consultant Services Agreement.
3. Pursuant to Section 7 ("Term") of the Original Agreement, the Agreement may be
renewed annually, subject to budget appropriations, in accordance with the
provision set forth therein, including required Agreement changes or modification
provision contained in Section 2.5 ("Changes"). Sufficient funds have been
appropriated for the Fiscal Year 2015-16 and the City and Consultant desire to
renew the Agreement for the Fiscal Year through June 30, 2016.
4. Property management and caretaker services on City -maintained properties at
Tustin Legacy continue to be an on-going need of the City to ensure protection of
public health and safety. Failure to ensure all erosion and sediment control are
properly installed and regularly maintained can subject the City to penalties of up
to $10,000 a day. In addition, the City continues to maintain certain regulatory
permits (401, 404, and 1600), previously assumed from the former master
developer, as obtained from the Regional Water Quality Control Board, U.S.
Army Corps of Engineers, and the California Department of Fish & Game,
respectively, and that among other things provide the necessary authorizations to
remove certain wetland channels across the site in support of development at
Tustin Legacy. The site will eventually be self -mitigating with the future widening
of Peters Canyon Channel; however, since the wetlands status of channels
1
within the site were eliminated during the former master developer's construction
activities in compliance with regulatory permits, the channels must be maintained
in their current condition in order to avoid recreating wetlands and potentially
subjecting the City to additional mitigation requirements and associated costs.
In addition to performing the required erosion and sediment control obligations
across the site, the City must continue to perform property maintenance (e.g.,
weed control/abatement, litter collection, etc.), protect existing grading and fill
sites that have been created for certain Tustin Legacy Backbone Infrastructure
(i.e. Tustin Ranch Road Phase II project boundaries, ramps for pedestrian
walkways to cross Armstrong Road, Warner Avenue and Tustin Ranch Road),
fire prevention, access control to the property (e.g., perimeter fencing, Hangar
29), and maintenance of security fencing and gates.
Until the City transfers responsibility of various Disposition Parcels, and until
such time as a new developer(s) or specific capital improvement projects are
identified for all or portions of the property (depending on the strategy selected),
the City must continue to manage properties within the site to ensure proper
maintenance and oversight of the properties.
5. Pursuant to Amendment No. 1, the original Service Area was modified to remove
property associated with the Tustin Ranch Road Phase I Construction Project.
Pursuant to Amendment No. 2, additional property was added back to the total
Service Area to reflect the re -incorporation of certain properties due to changes
in the Tustin Ranch Road Phase 11 Construction Project limits. Pursuant to
Amendment No. 3, the Service Area was modified to reflect the removal of
Disposition Parcels 1A -North and 2A plus the inclusion of adjacent properties
formerly maintained by a separate contractor. Pursuant to Amendment No. 4, the
Service Area was modified to reflect the removal of property associated with
development of property in Disposition Parcels 1 B and 6A. Pursuant to
Amendment No. 5, the Service Area is again being modified to reflect the
removal of property associated with the new Army Reserve site as well as the
recently completed Warner Avenue. Additional property is being added to the
Service Area pursuant to Amendment No. 5 to reflect the expansion of Veterans
Sports Park at Tustin Legacy that resulted from the Land Exchange Agreement
with the South Orange County Community College District. Finally, Amendment
No. 5 recognizes the increased maintenance responsibility for the edges created
along the newly completed Warner Avenue and at Hangar 29 due to increased
licensing activity.
These changes to the City Service Area are reflected in the updated Service
Area Map attached hereto as Exhibit A pursuant to Section 2.5 ("Changes"). To
determine if additional modifications to the Service Area will be needed to reflect
changes in City responsibilities of various early Disposition Parcels, Amendment
No. 5 will require the City to provide confirmation of the Service Area and notice
to the Consultant by January 1, 2016 to proceed with the second six months of
service.
2
6. The CITY and CONSULTANT desire to amend the Original Agreement to renew
the contract for an additional year and to modify the Service Area.
NOW, THEREFORE, based on the promises and mutual covenants herein, the
parties agree as follows:
AGREEMENT
1. Section 2: ("Compensation") of the Agreement is hereby amended to add -
"2. 1
dd:
"2.1 Compensation. For the services rendered pursuant to this Agreement,
Consultant shall be compensated and reimbursed consistent with the specific
cost line items and requirements for operating costs, as more fully set forth in
Exhibit C and which is incorporated herein by reference as though fully set forth
herein, and which shall not in any event exceed a total compensation amount for
a twelve month period of Four Hundred Thousand Dollars ($400, 000). The
monthly operating cost for the provision of caretaker/property management
services shall also not exceed the amounts as set forth in Exhibit C. The "Not to
Exceed Monthly Amount" is based on the estimated average for the year.
Because of the seasonal nature of maintaining the site particularly due to rainfall,
the "Not to Exceed Monthly Compensation Amount" in the dry months may not
be reached. In "wet" months the effort to maintain the site by the Consultant may
also result in the Consultant needing to apply additional resources and hours
which would typically exceed the "Not to Exceed Monthly Compensation
Amount" To recognize this variation of seasonal response, time and materials
that do not get billed up to the "Not To Exceed Monthly Compensation Amount"
in any one month (the "Monthly Surplus') as shown in Exhibit C may be applied,
if determined warranted by the City, to a subsequent month during the annual
term of this Agreement based on a time and materials basis only provided,
however, in no case shall the maximum "Not to Exceed Compensation Amount"
for the year be exceeded."
2. Section 7: ("Term") of the Agreement is hereby amended to add:
"Unless terminated in accordance with Section 8.7 of this Agreement, the term of
services under this Agreement shall commence upon execution of the
Agreement for a one (1) year period, including required Agreement changes or
modifications contained in Section 2.5. Notwithstanding the above-mentioned
provisions, the City shall also provide confirmation of the Service Area and notice
to the Consultant by January 1, 2016 prior to the Consultant proceeding with the
second six months. If modifications to the Service Area or other terms of the
Agreement are needed to reflect changes in the City's property
management/caretaker responsibilities at Tustin Legacy or changes in the City's
funding resources, changes to the Agreement will need to occur pursuant to
3
Section 2.5 ("Changes') prior to proceeding with the second six months of
service. "
3. Exhibit A ("Service Area Map") of the Agreement is hereby replaced with the
Service Area Map attached hereto as Exhibit A.
4. Except as amended herein, all other terms and conditions of the Original
Agreement and all the attachments and exhibits thereto shall remain in full force
and effect and are not modified by this Amendment No. 5.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 4 to be
effective as of the dates stated below:
Date
Date
APPROVED AS TO FORM:
David Kendig, City Attorney
4
CONSULTANT
"So Cal Sandbags"
Peter Rasinski
President
CITY OF TUSTIN
Jeffrey C. Parker
City Manager
Exhibit A
Service Area Map
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