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Home My WebLink About10 AMEND TO SPECTRUMCARE/TUST LEGACY 07-03-07- -. ~ Agenda Item _~~ "~~~ ~~~ ~ ~ AGENDA REPORT Reviewed: > ~ ~'~ `~._., ~-° City Manager Finance Directo MEETING DATE: JULY 3, 2007 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: CONTRACT AMENDMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OWNED AND LEASED AREAS AT TUSTIN LEGACY WITH SPECTRUMCARE LANDSCAPE & IRRIGATION MANAGEMENT, INC. SUMMARY Approval of the second contract amendment with SpectrumCare Landscape & Irrigation Management, Inc. is requested to provide for landscape maintenance services on the remaining City owned and leased parcels at Tustin Legacy which are located outside of the Master Developer's footprint. RECOMMENDATION It is recommended that the City Council approve the Second Amendment to the Agreement between SpectrumCare Landscape & Irrigation Management, Inc. and the City of Tustin for landscape maintenance services for City owned and leased properties at Tustin Legacy, subject to final City Attorney approval. FISCAL IMPACT Funds are budgeted in the 2007-08 Tustin Legacy Enterprise fund for all expenses related to the proposed services. DISCUSSION The City, pursuant to the Disposition and Development Agreement (DDA) with Tustin Legacy Community Partners, LLC (TLCP), transferred property management and security responsibilities to TLCP on June 11, 2007 for the approximately 820 acres within the Master Developer footprint under the DDA. There are four (4) parcels, consisting of approximately 46 acres, either owned by the City or for which we are responsible under a Lease in Furtherance of Conveyance with the Navy (City Maintenance Parcels) and which are not within TLCP's responsibility. These parcels were previously maintained under a City contract with ACEPEX. A Scope of Work was prepared and forwarded to four potential Page 2 respondents. Based upon the proposals received, SpectrumCare proved to be the most cost efficient and was selected to perform the landscape and ground maintenance services for the City Maintenance Parcels. SpectrumCare currently provides services elsewhere in the City and have been found to be a good service provider. For the additional services listed in the attached Second Amendment to the City's current SpectrumCare contract, the proposed compensation amount will be $6,175 per month. Matt West RDA Project Manager ~ Tim D. Serlet Director of Public Works/City Engineer Christine Shingleton Assistant City Manager SECOND AMENDMENT TO CONTRACT AGREEMENT THIS SECOND AMENDMENT (the "Amendment") is entered into the day of 2007, 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"). The City and Contractor are sometimes referred herein individually as a "Party" and collectively as the "Parties". This Amendment is made with reference to the following: RECITALS A. The 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. 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. The City and Contractor exercised the extension clause pursuant to Section D, Page D-2, Paragraph 4, "Length of Contract", Item B, to extend the Agreement for one year on June 5, 2007, effective July 13, 2007; D. The City and Contractor desire to add the landscape maintenance for Parcels 8, I-H-5, IV-J-5, and I-E-2.1 at Tustin Legacy (hereinafter referred to as "Tustin Legacy Parcels"), as additional Scope of Work under the Agreement, and to adjust contractors' compensation under the Agreement to reflect this additional Scope of Work and the negotiated price increase associated for the incremental additional Scope of Work. AGREEMENT Now therefore, in consideration of the foregoing Recitals, which are hereby incorporated provisions of this Agreement by this reference and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties further agree as follows: A. The areas of landscape maintenance services to be provided by the Contractor under the Agreement are amended to include the Tustin Legacy Parcels, effective July 13, 2007, per Exhibit A ("Scope of Work") attached hereto and incorporated herein. B. The term of the Agreement as it applies to the Tustin Legacy Parcels only shall be per Exhibit B ("Schedule") attached hereto and incorporated herein. C. The compensation that City shawl pay to Contractor for the Scope of Work for the Tustin Legacy Parcels shall be an amount equal to $6,175 per month, as identified in Exhibit C ("Compensation") attached hereto and incorporated herein. In the event the City requires services in addition to those described in the Scope of Work, as it relates to the Tustin Legacy Parcels only, said services must first be approved in writing by the Contract Officer. The Consultant shall be compensated in accordance with the Contract/Extra Work Costs Schedule, attached as Exhibit "C", or as may otherwise be agreed to in writing by the City and Contractor. D. Special Conditions of the Agreement as they apply to the Tustin Legacy Parcels only shall be per Exhibit D ("Special Provisions"). E. 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: ATTEST: (Seal) Mayor of the City of Tustin APPROVE TO FORM ~~~~ City Attor ey APPROVED AS TO CONTENT: City Clerk of the City Tustin Date 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) 2 EXHIBIT A Scope of Work (Parcels 8, I-H-S, IV-J-5, and I-E-2.1 at Tustin Legacy) Ground and Landscape Maintenance Scope of Work "SpectrumCare„ Parcels 8, I V-J-7, 1-E-2.1, and 1-H-5 Task Frequency Grounds, Roads and Surface Area Maintenance: • Grass Cutting and Trimming As needed (But no more than once a month) Maintained within a height of approximately 14" (Cut to a uniform height of approximately 3"). Clippings uniformly distributed over the mowed area. • Pick up, remove, and dispose all Monthly service around perimeters visible to rubbish, debris, and trash within public right of way; every 3 months within site interior. • Tree pruning and removal When broken or downed, or to prevent fire and traffic hazards. • Maintain roads safe and free of When on-site driving hazards. • Keep ditches and drainage Every 3 months or when on-site and after structures such as culverts, inlets, heavy storms catch basins and street gutters at full efficiency to prevent flooding dama e City of Tustin Caretaker Responsibilities (Parcels 8, IV-J-7, I-E-2. T, and I-I~-S~ Updatied: 05J25f 20iD7 EXHIBIT B SCHEDULE The term of the Agreement as it applies to the Tustin Legacy Parcels only shall be for one year, through June 30, 2008, unless sooner terminated pursuant to Section D, Page D-9; Item 6-5 of the Agreement, and may be extended by written agreement between the Parties for the Tustin Legacy Parcels in one year increments. 6 EXHIBIT C COMPENSATION SpectrumCare Proposal Dated April 9, 2007 And Contract/Extra Work Costs from existing Agreement f'" F:4} E: i r i P1F: ~ I !:: 4i 9d`: t! it`~`:1 N .-~'C:.T'UM G:s:C Pr1GE ~7i ~ ~.y.- r' i 1 f ~~~~ f ~~ I.ai~~ a ~r~r~ WIIII~!MK _..._..._ -_.....-. .. :~ ~ pprll ~~ ~~ L I'+~t ~t I~ r~ane~er X00 ~er~en~lail 4~faX y Tustlrl~ CA 42Ta(i Rre: Ea~+dSCa~e Mai~brn~~ta al Tuski~~ ~Y c i [~aeir MI , We'd, ] airy :i~q ~ this wriEbal ac~rn~aC'~ as a f~allnwir !a au~ p-~aee [+v+~v~Prsaticxl r~eAardi~ the land9ta~ mdi:~bFytiilx>~ al. Tix~1u L'y. pQr,~ ~itY pf 1 Ot~~ -~~ci~•k I~I~ fea wlq be ~6rX75.Aq~ This Fee is iba6dd at the gape opt wryrir tltiad rPm T~Shn Gar+etaloor i#~ponslhll~es•"~A~y addttiata•• waRtc will Ip~ on ~ tune anci maariena~ b~+s+s. we wiA qucaeihe un~ priCts irrd labor rabc+s than we ar$ tun>.rlCty using iin maintalin in t~ tb'ee~caPeg ~rgeghOutTusti~i. i 5hcxald yr~u nod any ad~ttianal t~~famnatian or hava anM quesaio~:, C crn,~ta~r:t mc: ~i rrcy DITICe ~ (94'9) 45A-69~0~ ~ 5irtcrrlly. ~ ~h+l ~RF ~~ ~~ S plrrl~Dl' Of 7aGOfIS i~frrn . ~~oe't~ear~ :1~.3'+er;lErd pkplr9r~cape rnOYnU~wra ?1~in aelpo~ X71$1 ~uraertik. Foath al Ranch. G;A 92810 + {;A40) ~.~i4 n~n0 F,/Kx ;~4y f boa-E9 ~ ~ + •rww apertnemcaralsnascap~.com 8 C~~ITRAC'TrEi4TRA wVORK CdSTS I. E3{TRA ~Q RK C~S7S -Unit p~ic$~ ~ be u$e~ fir Extra Vtif o rk per C ity authorization on as-needed basil A_ TURF NiAa NTE NANCE 1. Edge $~ Trim ~ '1.04 ;It ~. Fertil i~a tin $ 0.0'! .. . ; sf 3. Aerifica~ion ~~-005_,,, +st ~. DethaGching $U.U47 ;ef ~. ~ eed Control 54.407 ;sf ~. .Additional N9owing 54.41 ;sf B. RRC~UwD COVER, SHR~iB AND TREE MAIi'~tTENANCE 1. Edge & Tri rn S h .00 _ y_ _ !If ~. 1Need & Clean-up 50_Q1 ;s!` 3. Soil i n~ections S Per B id rsE 4. Fc lie r AppiiCStiortis $ 54.4U "tree 5. Tablet ar dry forrrru9a#~ons ptacement $0.004. _ . rsf 6. F'runi ng; ~firu bs $ 15. a0 Jeach 7. Vine Care $ 20.04 ;each ~. 11ertJcat ~~ uich Trees $ B 5.04 !ee eh ~. Vegetation t;emawal $ 4~it?.~I(~ ;per ton C. P L.,4iV T MAY E RiAL (fnsta I led including labor 1, Annual Color S 19.85 r'flat ~, Cr~und Goer ~ 18.04 'flat 3. one (4) dal Ion $ 5.94 ;each 4. Fire (~) 4;allnn ~ ~$.~5 ;each C-44 9 5. F~Iteen (ib~ Gallon 6. Seed Qd Turf ~. Sodded Y~rf ~. ~tol~nvc~d Turf S 70,t1~ ?oath ~ 0;45 fsf $ 1; 3,~ ?~f $ ~,~ ~ sf ~, Il~RI GATI~N I NSTALLA7I~N (ir~cf ud i n~ all labor. flttl ngs & ~~ u ipment} 1. 1;Z" Valva -Electric ~148_OU ,~ea. 7. 3r4'' Va Ivp -Electric S 190.00 ea 3. 1" tlalue - Efeclric ~ 521~.0~ ea 4. ~~' Pip-up ~ 't8.25 ea ~. 12'' Pap-~tp $ 19.54 ea C~5 10 EXHIBIT D SPECIAL PROVISIONS 1. Contract Officer. For purposes of the Scope of Work for the Tustin Legacy Parcels, the Contract Officer shall be the Assistant City Manager of the CITY unless otherwise designated in writing by the Contract Officer. For purposes of day-to-day liaison and administration, the City will assign aCaretaker/Property Services Manager who shall be primarily responsible for coordination with the Contractor in the provision of the City of Tustin support when necessary and requested by the Contractor. It shall be the Contractor's responsibility to keep the Caretaker/Property Services Manager and Contract Officer fully informed of the progress of the performance of the services and the Contractor shall refer any decisions on the Agreement, which must be made by the CITY to the Contract Officer. Unless otherwise specified herein, any approval of the CITY required hereunder shall mean the approval of the Contract Officer. 2. Environmental Protection (Parcel 8 and IV-J-7): a. As it relates to the Scope of Work for the Tustin Legacy Parcels, the Contractor shall indemnify and hold harmless the CITY from any costs, expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage, disposal, or any other action by Contractor giving rise to CITY liability, civil or criminal, or responsibility under Federal, State or local environmental laws incident to this Amendment. Conditions or activities giving rise to the aforementioned liabilities which occurred prior to the onset of this Amendment, and are not a result of or related to any action by the Contractor, are not subject to this indemnification. This provision will survive the expiration or termination of this Amendment and the Contractor's obligation hereunder will apply whenever the CITY incurs costs or liabilities for the Contractor's actions of the type described in this subsection. b. The Contractor understands and agrees that there may be ongoing Installation Restoration Program (IRP) projects or other Department of Navy activities in support of environmental cleanup or disposal operations at Tustin Legacy and affecting the Tustin Legacy Parcels. The Contractor agrees to cooperate to the extent necessary in support of these operations, and will not interfere with or hinder any such operations by the Department of the Navy. 3. ~ Key Control -The Contract Officer or their representative will provide to Contractor all keys necessary to access the Tustin Legacy Parcels. Unless otherwise directed by the City, the Contractor will prohibit the use of keys by any person other than the Contractor's employees. Extra duplicate copies of keys shall not be produced without City Contract Officer authorization. The Contractor .will prohibit the opening of locked areas to permit entrance to persons other than the Contractor's employees or subcontractors engaged in the performance of assigned work in those areas. 11 4. Sub-surface Excavation: In the event the Contractor must perform any sub- surface excavation (e.g. tree removal), said services must first be approved in writing by the Contract Officer to ensure there will be no impact to existing underground utilities or existing Lease in Furtherance of Conveyance restrictions between the City and the Department of the Navy. 5. Public Information: The Contractor shall not release to the public or press any information regarding the purpose/scope of services to be accomplished or data specific to the project required under the Amendment without -prior authorization from the Contract Officer. All such information is considered confidential. All inquiries made of the Contractor shall be immediately referred to the Contract Officer. 6. Monthly Reports and Invoices: Monthly progress reports shall be submitted by the Contractor with a separate billing invoice for the services provided per the Exhibit A ("Scope of Work"). At a minimum, these reports shall specify the period reported, tasks completed, tasks underway, percent of project completed and strategies to solve any timing delays. 7. Meetings: The Contractor shall be required to meet with the Contract Officer and City Manager as determined necessary or desirable to discuss elements of the Scope of Work and project's progress. 12