Agenda Item No. 8
CITY OF YUCAIPA
AGENDA, REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Develo,
pme_q Services/City Engineer 41,
Todd Gutjahr, Public Works Analyst
FOR: City Council Meeting of June 26, 2 3
SUBJECT: Fourth Extension and Amendment to the Contract with Excel Landscape, Inc, for Monthly Landscape Maintenance Services for the City's Landscape and Lighting Maintenance District Program and the First Extension and Amendment to the Contract with Excel Landscape, Inc, for the Parks, Medians, and Detention Basin Maintenance Program
RECOMMENDATION. -
That the City Council:
Award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of the Fourth Extension and Amendment to the Contract for FY24 with Excel Landscape, Inc. in the not -to -exceed amount of $330,000 for monthly landscape maintenance and repair services for the City's Landscape and Lighting Maintenance District Program; and
2. Award and authorize the Mayor to execute and authorize the City Manager or his designee to administer the terms of the First Extension and Amendment to the Contract for the FY24 with Excel Landscape, Inc. in the not -to -exceed amount of $419,593 for monthly landscape maintenance and repair services for the City's Parks, Medians, and Detention Basin Maintenance Program.
BACKGROUND/DISCUSSION:
Monthly Landscape Maintenance Services for the City's Landscape and Lighting Maintenance District Proms
On June 24, 2019, City Council awarded a contract for the landscape maintenance of the City's Landscape and Lighting Maintenance District Project- Project No. 11101 (LLMD Contract) to Excel Landscape, Inc. (Excel) in the amount of $219,870 for FY20. The LLMD Contract is for one (1) year and allows four (4) annual extensions, with adjustments based on the annual change to the Consumer
Price Index (CPT) for the riverside -San Bernardino -Ontario, CA Area for all Urban Communities as defined by the original LLMD Contract. Three (3) extensions and amendments have been approved by City Council since the original award of the LLMD Contract.
Stan` contacted Excel regarding extending the LLMD Contract for FY24 for a proposed fourth extension and amendment to the LLMD Contract. Excel has agreed to an extension of the LLMD Contract and has agreed to an increase in the LLMD Contract price based on the change in the CPI, The change in the CPI for March 2023 represents an increase of 4.6%, The CPI increase affects the routine maintenance costs in the Contract only. Excel has provided the City with satisfactory service throughout the term of the LLMD Contract.
Staff is recommending that City Council approve the fourth extension and amendment to the LLMD Contract with Excel for FY24 in the amount of $276,457 and authorize the amount of $53,543 for any landscape repairs that may be required during FY24 for an overall LLMD Contract of $330,000.
Citv's Parks. Medians. and Detention Basin Maintenance Program On September 28, 2020, City Council awarded a contract for the landscape maintenance of the City's Parks, Medians, and Detention Basin Maintenance Program (PMB Contract) to Excel in the amount of $280,631 for the remainder of FY21 and $374,179 annually starting with FY22. The PMB Contract is for three (3) years and allows two (2) annual extensions, with adjustments based on the annual change to the Consumer Price Index (CPI) for the Riverside -San Bernardino -Ontario, CA Area for all Urban Communities as defined by the original PMB Contract, Three (3) extensions and amendments have been approved since the original award of the PMB Contract.
Staff has contacted Excel regarding extending the PMB Contract for FY24. Excel has agreed to an extension and amendment to the PMB Contract price based on the change in the CPI. The change in the CPI for March 2023 represents an increase of 4.6%. The CPI increase affects the routine maintenance costs in the PMB Contract only. Excel has provided the City with satisfactory service throughout the term of the LLMD Contract.
Staff is recommending that City Council approve the first extension and amendment to the PMB Contract with Excel for FY24 in the amount of $409,593 and authorize the amount of $10,000 for any landscape repairs that may be required during FY24 for an overall PMB Contract amount of $419,593.
FISCAL IMPACT:
The FY24 Annual Budget includes these items.
Attachments: 1. Fourth Extension and Amendment to the LLMD Contract
2. First Extension and Amendment to the PMB Contract
Approved by:
ATTACHMENT 1
FOURTH EXTENSION AND AMENDMENT TO CONTRACT BETWEEN
EXCEL LANDSCAPE, INC. AND THE CITY OF YUCAIPA
This amendment ("Fourth 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 April 27, 2020, June 22, 2020, June 28, 2021, February 14, 2022, and June 27, 2022 (the "Contract").
This Amendment to the Contract is effective as of July 1, 2023, 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 I" 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 2"d Amendment and extension to the Contract for the Landscape Lighting Maintenance District Project for a term of one year.
D. On or about June 27, 2022, City and Contractor entered the Yd Amendment and extension to the Contract for the Landscape Lighting Maintenance District Project for a term of one year.
E. 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.
F 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-I4 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 I` 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 — S 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 S. 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.
The fourth extension period shall commence on July 1, 2023, and include a CPI increase for FY23/24 of 4.6%, for a contract total of $330,000.
2. Counterparts. This Fourth 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:
Ana Sauseda, Date
Director of General Services/City Clerk
FUNDS AVAILABLE:
Phillip White, Director ofFinace
Fermin G. Preciado,
Director of Development Services/City Engineer
APPROVED AS TO FORM:
Steven Graham, City Attorney
CITY OF YUCAIPA,
a municipal corporation
Justin Beaver, Mayor Date
CONTRACTOR
Excel Landscape, Inc. Date
2 90
ATTACHMENT 2
91 FIRST EXTENSION AND AMENDMENT TO CONTRACT BETWEEN
EXCEL LANDSCAPE, INC. AND THE CITY OF YUCAIPA
This amendment ("First Amendment") is an amendment to the City's Parks, Medians, and Detention Basin Maintenance Program contract between the City of Yucaipa, a municipal corporation ("City"), and Excel Landscape, Inc. ("Contractor") dated September 28, 2020, and amended on February 14, 2022 (tire "Contract"). This Amendment to the Contract is effective as of July 1, 2023.
RECITALS:
A. On or about September 28, 2020, City and Contractor entered the Contract for a Parks, Medians, and Detention Basin Maintenance Project for a term of three (3) years.
B. On or about February 14, 2022, City Council approved Change Order No. 1 to the contract for a Parks, Medians, and Detention Basin Maintenance Program.
C. Section 2-14 of the Special Provisions allows the Contract to be extended beyond the initial term for an additional two (2) terms with mutual agreement by the City and Contractor and allows for an adjustment equal to the Consumer Price Index for the final two (2) terms.
D. 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 I" 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 CFI for the years 3, 4, and 5. The CFI 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.
The first extension period shall commence on July 1, 2023, and include a CPI increase for FY23/24 of 4.6%, for a contract total of $419,953.
92 2. Counterparts. This First 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 First Amendment as of the elate first written above.
ATTEST:
Ana Sauseda, Date
Director of General Services/City Clerk
FUNDS AVAILABLE:
Phillip 'White, Director of Finace
Fermin 0. Preciado,
Director of Development Services/City Engineer
APPROVED AS TO FORM:
Steven Graham, City Attorney
CITY OF YUCAIPA,
a municipal corporation
Justin Beaver, Mayor Date
CONTRACTOR
Excel Landscape, Inc. Date
2 93