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HomeMy WebLinkAbout09 AMENDMENT NO 13 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENTDocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 tiAGENDA REPORT MEETING DATE Ito] FROM MAY 17, 2022 MATTHEW S. WEST, CITY MANAGER ECONOMIC DEVELOPMENT DEPARTMENT Agenda Item 9 DS Reviewed: City Manager Finance Director Sa SUBJECT: AMENDMENT NO. 13 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS INC FOR PROPERTY MANAGEMENT/CARETAKER SERVICES AT TUSTIN LEGACY SUMMARY Amendment to existing Consultant Services Agreement (CSA) with So Cal Sandbags, Inc reflecting results of a recent Request for Proposals (RFP). :1*6161kh1IT, l;IZIUL-IIs] ►I It is recommended that the City Council authorize the City Manager to execute Amendment No. 13 to the CSA with So Cal Sandbags, Inc. FISCAL IMPACT The cost of Amendment No. 13 to the CSA would not exceed $528,000 for Fiscal Year (FY) 22/23. The draft FY 22/23 budget proposes a total Tustin Legacy property management budget of $528,000, so there is adequate budget in FY 22/23 (pending budget approval). BACKGROUND Property Management at Tustin Legacy The City is responsible for property management for the property and facilities located at Tustin Legacy whether owned by the City and/or leased by the City from the Department of the Navy. The current acreage managed by the City is approximately 580 acres. 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 controls are properly installed and regularly maintained can subject the City to penalties of up to $10,000 a day and third - party lawsuits. Additionally, the City is responsible for maintaining regulatory permits obtained from the Regional Water Quality Control Board, U.S. Army Corps of Engineers, DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 Agenda Report — Amendment No. 13 to CSA with So Cal Sandbags Inc May 17, 2022 Page 2 and the California Department of Fish & Game that were assumed from the former master developer which provide the necessary authorizations to remove certain wetland channels across the site in support of development within Tustin Legacy. Property maintenance (i.e. weed control/abatement, litter collection) must continue to be performed to protect existing grading and fill sites that have been created for certain Tustin Legacy infrastructure improvements such as Tustin Ranch Road, Warner Avenue, Armstrong Avenue, Moffett Drive and proposed pedestrian bridges. Fire prevention, access control to the property, maintenance of security fencing and gates and maintenance of Hangar 2 are also critical aspects of property maintenance. The City, acting in its role as Executive Developer for Tustin Legacy, will need to maintain the property until it is developed and/or transferred to other parties. So Cal Sandbags Inc has been successfully performing this contract role for the City since 2011. Contract History From 2012-2016, a series of contract amendments to the CSA with So Cal Sandbags Inc were recommended to the City Council for approval each year that primarily adjusted the not to exceed contract amount. In 2016, the City initiated an RFP process to determine if the market for property management and caretaker services had changed since the CSA was first executed. The City Council then authorized the City Manager to execute amendments to the CSA with So Cal Sandbags Inc as long as the total compensation did not exceed $400,000 per FY. From 2016-2021, the total annual contract amount continued to decrease and remained below $400,000. In 2021, the City Council approved Amendment No. 12 to the CSA with So Cal Sandbags, Inc after the City voluntarily accepted property management responsibility for 77 acres of Reuse Parcel 18. Amendment No 12 increased the not to exceed amount of the CSA to $415,000 due to the increased acreage being maintained. City Council approval was required due to the not to exceed amount exceeding $400,000. Request for Proposals The City issued an RFP for Property Management and Caretaker Services for a Portion of Tustin Legacy in March 2022 to again test the market to determine pricing for property management and caretaker services since the last RFP process was performed in 2016. The RFP was posted and managed through the City's electronic procurement system OpenGov. The RFP was sent to almost 300 entities through OpenGov and viewed by over 140 entities. Staff formulated an evaluation committee to review responses, however only So Cal Sandbags Inc chose to submit a response to the RFP. DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 Agenda Report — Amendment No. 13 to CSA with So Cal Sandbags Inc May 17, 2022 Page 3 DISCUSSION Two RFP's for property management services have been issued since 2016, and So Cal Sandbags Inc has held its labor and equipment costs to 2011 levels throughout its contractual history with the City, saving tens of thousands over the term of the CSA and subsequent amendments. However, due to labor costs and equipment pricing substantially increasing since 2011, So Cal Sandbags submitted a proposal markedly higher than the current not to exceed amount of $415,000 for FY 21/22. After negotiations with staff, So Cal Sandbags Inc has agreed to provide the same level and quality of service for $528,000 for FY 22/23. Any future amendments to the CSA, if over $400,000, will require annual City Council approval. Future amendments will see overall acreage and fees diminish over time as infrastructure projects are completed and property is conveyed to others. If any future amendment is below $400,000, the City Manager will have the authority to execute. The City Manager will also have the authority to re -bid the contract at any time. So Cal Sandbags Inc. has performed its maintenance and caretaker services at a very high level and has continued to protect the City's interests at Tustin Legacy. The cost proposed for the scope of services are reasonable and consistent with market prices, and therefore Amendment No. 13 is recommended for approval. DocuSigned by: Docu Signed by: SBI Christop er 4 oster Kennet Iguee Director of Economic Development Senior Management Analyst Attachments - Amendment No. 13 to the CSA between the City and So Cal Sandbags, Inc DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 AMENDMENT NO. 13 TO CONSULTANT SERVICES AGREEMENT FOR PROPERTY MANAGEMENT /CARETAKER SERVICES FOR A PORTION OF TUSTIN LEGACY This Amendment No. 13 to Consultant Services Agreement ("Amendment No. 13") 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 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, by Amendment No. 4 dated September 29, 2014, by Amendment No. 5 dated as of July 2, 2015, by Amendment No. 6 dated as of June 28, 2016, by Amendment No. 7 dated July 5, 2017, by Amendment No. 8 dated July 19, 2018, by Amendment No. 9 dated July 9, 2019, by Amendment No. 10 dated June 15, 2020, by Amendment No. 11 dated June 18, 2021, and by Amendment No. 12 dated January 2, 2022 (as amended, the "Original Agreement"), and 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 is authorized to execute any Amendments to the Consultant Services Agreement. In 2016, the City Council authorized the City Manager to execute subsequent amendments to the Original Agreement as long as the contract does not exceed $400,000 per Fiscal Year. 3. Pursuant to Section 7 ("Term") of the Original Agreement, the agreement may be renewed annually, subject to budget appropriations, in accordance with the provisions set forth therein, including required agreement changes or modifications contained in Section 2.5 ("Changes"). Sufficient funds have been identified in the proposed FY 22/23 budget (pending budget approval). 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 controls are properly installed and regularly maintained can subject the City to penalties of up to $10,000 a day and third -party lawsuits. Additionally, the City is responsible for maintaining regulatory permits obtained from the Regional Water Quality Control Board, U.S. Army Corps of Engineers, and the California Department of Fish & Game that were assumed from the former master developer which provide the DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 necessary authorizations to remove certain wetland channels across the site in support of development within Tustin Legacy. Property maintenance (i.e. weed control/abatement, litter collection) must continue to be performed to protect existing grading and fill sites that have been created for certain Tustin Legacy infrastructure improvements such as Tustin Ranch Road, Warner Avenue, Armstrong Avenue, Moffett Drive and proposed pedestrian bridges. Fire prevention, access control to the property, maintenance of security fencing and gates and maintenance of Hangar 2 are also critical aspects of property maintenance. The City will need to maintain the property until it is developed and/or transferred to other parties. 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 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 was modified to reflect the removal of property associated with the new Army Reserve site, Warner Avenue and the addition of property associated with the Veterans Sports Park at Tustin Legacy as well as increased license activity at Hangar 2. The Service Area was not modified substantially for Amendment No. 6. Pursuant to Amendment No. 7, the Service Area was modified to reflect the removal of property associated with The Village at Tustin Legacy (22 acres), Tustin Legacy Park Phase 1 Segment 1 (11 acres), FLIGHT at Tustin Legacy (37 acres) and the future TUSD Legacy Academy site (40 acres). Pursuant to Amendment No. 8, the Service Area was modified to remove property associated with Levity at Tustin Legacy (15 acres), Veterans Sports Park (32 acres), and various new roads. Pursuant to Amendment No. 9, the Service Area was modified to remove property associated with Tustin Legacy Park Phase 1 Segment 2 (12 acres) and Moffett Drive (Tustin Ranch Road to Legacy Road); and adding back in property associated with FLIGHT Phase 2 (20 acres). Pursuant to Amendment No. 10, the Service Area was not changed; however, the former Army Reserve site was added as an optional location at no additional cost. The Service Area was not modified under Amendment No. 11. The Service Area was modified under Amendment No. 12 to include maintenance of Reuse Parcel 18 property, excluding the North Hangar/Hangar 1, for the balance of FY 21/22 as well as removing acreage associated with property recently conveyed to Brookfield Homes Southern California LLC for The Landing project. The Service Area is not being modified under Amendment No. 13. 2 DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 NOW, THEREFORE, based on the promises and mutual covenants herein, the parties agree as follows: AGREEMENT 1. Section 2.1: ("Compensation") of the Original Agreement is hereby amended to read: "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 Five Hundred Twenty -Eight Thousand dollars ($528,000). 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 and warranted by the City, to a subsequent month during the annual term of this Agreement based on a time and materials basis only. However, in no case shall the maximum "Not to Exceed Compensation Amount" for the year be exceeded. " 2. Exhibit "A" ("Service Area Map") of the Original Agreement is hereby replaced with the Service Area Map attached hereto as Exhibit "A". 3. 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. 13. DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 IN WITNESS WHEREOF, the parties have executed this Amendment No. 13 to be effective as of the dates stated below: CONSULTANT "So Cal Sandbags" Date Peter Rasinski President CITY OF TUSTIN Date Matthew S. West City Manager APPROVED AS TO FORM: David E. Kendig City Attorney 2 DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 Exhibit A City Service Area Map tom` Dept. of th e 1 I(City Lease City of Tus'• - Jill � F f • (no City ov Excluded Ommot,i .�`'" �"a11W In—,1 >f,§I.'° s tom` Dept. of th e 1 I(City Lease City of Tus'• - Jill � F f • (no City ov Excluded Ommot,i .�`'" �"a11W In—,1