Agenda Item No. 6
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fennin Preciado, Director of Developm ervices/City Engineer Y� Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of June 27, 2022
SUBJECT: Third Extension and Contract Amendment with Excel Landscape, Inc. for Monthly Landscape Maintenance Services for the City's Landscape and Lighting Maintenance District (LLMD)
RECOMMENDATION:
That City Council:
Award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of a contract extension for the Fiscal Year 2022/2023 with Excel Landscape, Inc. in the not -to -exceed amount of $264,299.33 for monthly landscape maintenance services for the City's Landscape and Lighting Maintenance District; and
2. Authorize a contract contingency in the amount of $26,000 for any required repair work completed by Excel Landscape, Inc. as outlined in the City's Landscape and Lighting Maintenance District Project- Project No. 11101 project specifications for an overall program budget of $290,299.33.
BACKGROUND/DISCUSSION:
On June 24, 2019, City Council awarded a contract for the landscape maintenance City's Landscape and Lighting Maintenance District Project- Project No. 11101 (Program) to Excel Landscape, Inc. in the amount of $219,870.39 for FY2019/2020. The contract allows four (4) annual extensions with years 3-5 allowing an adjustment equal to the Consumer Price Index for Riverside -San Bernardino - Ontario, CA Area for all Urban Areas (CPI).
On April 27, 2020, City Council awarded Change Order No. 1 to the contract in the amount of $2,400 to include the landscape maintenance of the City's LLMD Zone KK, Tract 16030 for a revised annual contract amount of $222,270.39 for the remainder of FY 2019/2020.
On June 22, 2020, City Council awarded a contract extension for the Program to Excel Landscape, Inc. in the amount of $222,270.39 for FY2020/2021.
City Council Meeting of June 27, 2022
Third Extension and Contract Amendment with Excel Landscape, Inc. for Monthly Landscape Maintenance Services for the City's Landscape and Lighting Maintenance District (LLMD)
On June 28, 2021, City Council awarded a revised second contract extension for the Program to Excel Landscape, Inc. in the amount of $230,272.09 for FY2021/2022 for monthly landscape maintenance services for the City's LLMD. Per the Program specifications and executed contract, years 3 — 5 could be extended if mutually agreed by the City and Contractor at the end of each year with an adjustment being allowed equal to the Consumer Price Index for Riverside -San Bernardino -Ontario, CA Area for all Urban Areas (CPI). Excel Landscape, Inc. agreed to an extension of the contract and has agreed to an increase in the contract unit process based on the change in the CPI for March of 2021. The change in the CPI for March 2021 represented an increase of 3.6%.
On February 14, 2022, City Council approved Change Order No. 2 to the contract with Excel Landscape, Inc. for the program in the amount of $10,000 for landscape/irrigation repairs as deemed necessary within the LLMD areas for a revised total contract in the amount of $240,272.12 for FY2021/2022.
In accordance with the contract agreement, staff contacted Excel Landscape, Inc. regarding extending the contract for FY2022/2023. Excel Landscape, Inc. has agreed to an extension of the contract and has agreed to an increase in the contract price based on the change in the CPI for March of 2022. The change in the CPI for March 2022 represents an increase of 10%. Excel Landscape, Inc. has provided the City with satisfactory service throughout the term of their contract.
Staff is recommending that City Council approve the third extension to the contract with Excel Landscape, Inc. for FY2022/2023 in the amount of $264,299.33 and authorize a contract contingency amount of $26,000 for any landscape maintenance repairs that may be required during FY2022/2023 for an overall program budget of $290,299.33.
FISCAL IMPACT:
The Draft FY2022/2023 Budget includes an allocation in the amount of $805,464 for the maintenance of the City's LLMD. The expenses for each LLMD zone are funded from annual assessments collected from individual property owners through the property tax collection process. There is sufficient funding proposed in the Draft FY2022/2023 Budget to accommodate staff s recommendation.
Attachments: 3rd Extension of the Contract
Contract Extension Correspondence
Approved by: 1A_ 4�4,�
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THIRD EXTENSION AND AMENDMENT TO CONTRACT BETWEEN
EXCEL LANDSCAPE, INC. AND THE CITY OF YUCAIPA
This amendment agreement ("Second Amendment") is an amendment to the Landscape Lighting Maintenance District Project contract between the City of Yucaipa, a municipal corporation ("City"), and Excel Landscape, Inc. ("Contractor") dated June 24, 2019, and amended on June 22, 2020 (the "Contract"). This Amendment to the Contract is effective as of July 1, 2022.
RECITALS:
A. On or about June 24, 2019, City and Contractor entered the Contract for a Landscape Lighting Maintenance District Project for a term of one year.
B. On or about June 22, 2020, City and Contractor entered the lst Amendment and extension to the Contract for the Landscape Lighting Maintenance District Project for a term of one year.
C. On or about June 28, 2021, City and Contractor entered the 2nd Amendment and extension to the Contract for the Landscape Lighting Maintenance District Project for a term of one year
D. Section 2-14 of the Special Provisions allows the Contract to be extended beyond the initial term for an additional four (4) terms with mutual agreement by the City and Contractor and allows for an adjustment equal to the Consumer Price Index for the final three (3) terms.
E. City and Contractor now wish to amend the Contract to extend the term of the Contract by one work year.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Contract Extension. Section 2-14 of the Contract is hereby amended to read as follows:
"This Contract shall be for a period of one year from the signing of the Contract. If agreed mutually by the contractor and the City, the Contract may be extended for four additional years. After the 1st year the City and Contractor may agree to extend the Contract in one- year increments for a period of four (4) more years. The years 3 — 5 would be extended if mutually agreed by the City and Contractor at the end of each year, with an adjustment being allowed equal to the CPI for the years 3, 4, and 5. The CPI is defined as the Consumer Price Index for the Riverside, San Bernardino, Ontario Area for all Urban Consumers (1982-84=100). This extension is for items bid under the original Contract, which includes landscape maintenance in the City's Landscape Lighting Maintenance District. Any other items must be discussed and agreed upon mutually between the Contract and City in cost and type of items. Each yearly extension of Contract will also be held to a period of one year.
.o
The third extension period shall commence on July 1, 2022, and include a CPI increase for FY22/23 of 10%, for a contract total of $264,299.33.
2. Counterparts. This Third Amendment may be executed in counterparts. Each counterpart shall be deemed an original, and all counterparts shall be deemed the same instrument with the same effect as if all parties hereto had signed the same signature page.
IN WITNESS WHEREOF, the parties hereby execute this Third Amendment as of the date first written above.
ATTEST:
CITY OF YUCAIPA,
a municipal corporation
Jennifer Crawford, Date David Avila, Mayor Date
Assistant City Manager, City Clerk
FUNDS AVAILABLE: CONTRACTOR
Andrew Hamilton, Director of Finace Excel Landscape, Inc. Date Fermin G. Preciado,
Director of Development Services/City Engineer
APPROVED AS TO FORM:
David M. Snow, City Attorney
2 -47-
ELLANDSCAPE 710 Rimpau Ave. Suite 108•Corona, CA92879-5724 (951) 735-9650 Fax (951) 735-0469 • Lic # 694553
June 3, 2022
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Dear Todd,
This letter is to express our interest in renewing our existing LLMD Landscape Maintenance contract with the City until June 30 2023. We would request, if possible an increase of 6.5%, based on the cost of living. With all terms and conditions to remain the same.
I look forward to hearing from you.
Sincerely,
A&Tt�r 9&X
Marty Fox
MR