HomeMy WebLinkAbout05 AMENDMENT NO. 14 TO CONSULTANT SERVICES AGREEMENT WITH SO CAL SANDBAGS FOR PROPERTY MANAGEMENTDocuSign Envelope ID: C4132333-6D58-4518-A322-B70AAF2BOE8F
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AGENDA REPORT
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MEETING DATE
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FROM
JUNE 20, 2023
MATTHEW S. WEST, CITY MANAGER
ECONOMIC DEVELOPMENT DEPARTMENT
Agenda Item 5
Reviewed: DS
City Manager m,5�l
DS
Finance Director 9�-
SUBJECT: AMENDMENT NO. 14 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.
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It is recommended that the City Council authorize the City Manager to execute
Amendment No. 14 to the CSA with So Cal Sandbags, Inc.
FISCAL IMPACT
The cost of Amendment No. 14 to the CSA would not exceed $528,000 for Fiscal Year
(FY) 23/24. The draft FY 23/24 budget proposes a total Tustin Legacy property
management budget of $528,000, so there is adequate budget in FY 23/24 (pending
budget approval).
BACKGROUND
Property Management at Tustin Legacy
The City is responsible for managing and securing 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 City currently manages 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: C4132333-6D58-4518-A322-B70AAF2BOE8F
Agenda Report — Amendment No. 14 to CSA with So Cal Sandbags Inc
June 20, 2023
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 future 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 the property maintenance contract.
The City, acting in its role as Executive Developer for Tustin Legacy, will continue 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 annual contract amendments to the CSA with So Cal
Sandbags Inc were recommended to the City Council for approval that primarily adjusted
the not to exceed contract amount based on changing property acreage.
In 2016, the City initiated a Request for Proposals (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 Fiscal Year. From 2016-2021, the total annual contract amount
continued to decrease and remained below $400,000.
In 2021, the City Council approved Amendment No.
Inc after the City voluntarily accepted property
additional 77 acres of Reuse Parcel 18. Amendrr
exceed amount of the CSA to $415,000 due to the
City Council approval was required due to the
$400,000.
12 to the CSA with So Cal Sandbags,
management responsibility for an
ant No 12 thus increased the not to
increased acreage to be maintained.
not to exceed amount surpassing
The City issued a new RFP in March 2022 to again test the market to determine pricing
for property management and caretaker services since the last RFP process was
released in 2016. So Cal Sandbags Inc was selected to continue to provide property
management services at Tustin Legacy and this was executed by a 13t" amendment to
the existing CSA.
DISCUSSION
As Amendment No. 14 exceeds the $400,000 limit established by City Council in 2016,
this proposed Amendment 14 requires City Council approval (Amendment 14 included as
Attachment 1). Future amendments will see overall acreage and fees diminish over time
DocuSign Envelope ID: C4132333-6D58-4518-A322-B70AAF2BOE8F
Agenda Report — Amendment No. 14 to CSA with So Cal Sandbags Inc
June 20, 2023
Page 3
as infrastructure projects are completed and property is conveyed to others. If any future
amendment is below the $400,000 threshold, the City Manager will have the authority to
execute. The City Manager also has 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. 14 is recommended for approval.
FDocuSigned by:
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Christopher Koster
Director of Economic Development
Attachment
DocuSigned by:
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Kenneth Piguee
Senior Management Analyst
1. Amendment No. 14 to the CSA between the City and So Cal Sandbags, Inc
DocuSign Envelope ID: C4132333-6D58-4518-A322-B70AAF2BOE8F
AMENDMENT NO. 14
TO CONSULTANT SERVICES AGREEMENT
FOR PROPERTY MANAGEMENT /CARETAKER SERVICES
FOR A PORTION OF TUSTIN LEGACY
This Amendment No. 14 to Consultant Services Agreement ("Amendment No. 14")
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, by Amendment No. 12 dated January 2, 2022, and by
Amendment No. 13 dated May 18, 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 proposed to be
appropriated for the Fiscal Year 2023-24.
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: C4132333-6D58-4518-A322-B70AAF2BOE8F
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. 14.
2
DocuSign Envelope ID: C4132333-6D58-4518-A322-B70AAF2BOE8F
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. 14.
DocuSign Envelope ID: C4132333-6D58-4518-A322-B70AAF2BOE8F
IN WITNESS WHEREOF, the parties have executed this Amendment No. 14 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
DocuSign Envelope ID: C4132333-6D58-4518-A322-B70AAF2BOE8F
Exhibit A
City Service Area Map
t
A a