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CITY COUNCIL AGENDA ITEM NO. 20

Meeting Date: October 9, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Amended and Restated Contract for Landscape Maintenance with MCE Corporation for a contract price of $4,540,671 and term of February 9, 2007 to December 31, 2008

Prepared by: Ken De Silva, Park Services Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 1 to the Amended and Restated Contract for Landscape Maintenance with MCE Corporation for a contract price of $4,540,671 and term of February 9, 2007 to December 31, 2008.

PREVIOUS ACTION
On March 22, 2005, by Resolution No. 2005-60, City Council authorized the City Manager to enter into a professional services agreement with MCE Corporation, Cagwin and Dorward, and West Coast Arborists, for citywide landscape and tree maintenance for the City of Brentwood and authorized the City Manager to approve necessary documents for the base bid, extra work and extensions as appropriate.

On February 9, 2007, pursuant to authority granted the City Manager under Resolution No. 2005-60, the Parties executed an Amended and Restated Contract with MCE Corporation clarifying the March 22, 2005 contract terms.

On June 26, 2007, by Resolution 2007-150, City Council adopted the 2007/08 – 2008/09 Operating Budget.

BACKGROUND
The Parks and Recreation Department conducted an extensive bid process for our landscape maintenance of City-owned facilities which include all parks, streetscapes and trees in early 2005. Through the bid process, the selection of bidders was narrowed down to three companies: MCE Corporation, Cagwin and Dorward, and West Coast Arborists, Inc. Staff made the recommendation to hire three contractors based on their qualifications and competitive bids that were received. MCE would maintain all streetscapes and open space, Cagwin & Dorward would maintain our City parks and the downtown area, and West Coast Arborists, Inc. would maintain all City-owned trees. The new contracts started 30 days after Council approval.

Upon City Attorney review of the original agreement language in 2006, it was determined the original agreement did not include several standard agreement terms and an Amended and Restated Contract for Landscape Maintenance (the “Amended Agreement”) was prepared. The Amended Agreement was executed on February 9, 2007 pursuant to authority granted the City Manager under Resolution No. 2005-60.

The Amended Agreement for MCE Corporation was written for a term of 18 months beginning February 9, 2007. However, the contract price was based on the fiscal year 2006/07 (12 months). No payments have been made for services performed for this fiscal year. Amendment No. 1 would clarify the cost breakdown of the contract as well as extend the agreement through December 31, 2008 in order for the contract to be competitively bid and for work under any new contracts to commence during the winter months when the landscape maintenance activities are less intensive.

FISCAL IMPACT
Amendment No. 1 to the Amended and Restated Contract for Landscape Maintenance requires funding in the amount of $2,514,455 for fiscal year 2007/08 and $1,382,950 for half of fiscal year 2008/09. Adequate funds were approved in the fiscal year 2007/08 - 2008/09 Operating Budget to execute Amendment No. 1 and no budget amendment is required. All future amendments to this contract will be brought back for City Council approval.

ATTACHMENT
Resolution
Amendment No. 1

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AMENDED AND RESTATED CONTRACT FOR LANDSCAPE MAINTENANCE WITH MCE CORPORATION FOR A CONTRACT PRICE OF $4,540,671 AND TERM OF FEBRUARY 9, 2007 TO DECEMBER 31, 2008

WHEREAS, on March 22, 2005 by Resolution No. 2005-60, City Council authorized the City Manager to enter into a professional services agreement with MCE Corporation, Cagwin and Dorward, and West Coast Arborists, for citywide landscape and tree maintenance for the City of Brentwood and authorized the City Manager to approve necessary documents for the base bid, extra work and extensions as appropriate; and

WHEREAS, on February 9, 2007, pursuant to authority granted the City Manager under Resolution No. 2005-60, the Parties executed the Amended and Restated Contract for Landscape Maintenance with Cagwin and Dorward (the “Amended Agreement”) clarifying the March 22, 2005 contract terms; and

WHEREAS, on June 26, 2007, by Resolution 2007-150, City Council adopted the 2007/08 – 2008/09 Operating Budget; and

WHEREAS, the Amended Agreement was written for a term of 18 months beginning February 9 2007; and

WHEREAS, the Amended Agreement’s price was based on the fiscal year 2006/07 (12 months); and

WHEREAS, Amendment No. 1 to the Amended Agreement clarifies the cost breakdown of the Amended Agreement as well as extends it through December 31, 2008 in order for it to be competitively bid and for work under a new contract to commence during the winter months; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute Amendment No. 1 to the Amended and Restated Contract for Landscape Maintenance with MCE Corporation for a contract price of $4,540, 671 and term of February 9, 2007 to December 31, 2008

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 9, 2007 by the following vote:


AMENDMENT NO. 1 TO THE AMENDED AND RESTATED CONTRACT
FOR LANDSCAPE MAINTENANCE OF STREETSCAPES AND OPEN SPACE
(MCE CORPORATION, INC)

This Amendment No. 1 is entered into and effective as of the ___ day of _______________, 2007, amending the Amended and Restated Contract for Landscape Maintenance (Parks) dated February 9, 2007 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and MCE Corporation (“Contractor") (collectively, the “Parties”) for the landscape maintenance of City parks.

RECITALS

A. On March 22, 2005, the City Council of City, by Resolution No. 2005-60, approved a contract for landscape maintenance for City parks with Contractor.

B. Also on or about March 22, 2005, the Parties executed a contract for the landscape maintenance of City parks.

C. On February 9, 2007, pursuant to authority granted the City Manager under Resolution No. 2005-60, the Parties executed the Agreement clarifying the March 22, 2005 contract terms.

D. The Parties desire to amend the Agreement’s price and term to clarify the cost breakdown during specified agreement periods and to ensure that the initial term of the Agreement does not end in the summer months.

E. The Parties have negotiated and agreed to a revised Agreement price and term as specified in this Amendment No. 1.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. Section 3.1 of the Agreement is amended in its entirety to read as follows:

“3.1 City agrees to pay, and Contractor agrees to accept, for full performance of the Work, the unit prices for routine maintenance services and Additional Work set forth in this Contract. The total amount paid to Contractor shall not exceed Four Million Five Hundred Forty Thousand Six Hundred Seventy One Dollars ($4,540,671) (the “Contract Price”). The Contract Price shall be paid to Contractor for work completed to the City’s satisfaction in the following not to exceed amounts:

February 9, 2007 to June 30, 2007: ($643,266)
Six Hundred Forty-Three Thousand Two Hundred Sixty-Six Dollars

July 1, 2007 to June 30, 2008: ($2,514,455)
Two Million Five Hundred Fourteen Thousand Four Hundred Fifty-Five Dollars

July 1, 2008 to December 31, 2008: ($1,382,950)
One Million Three Hundred Eighty Two Thousand Nine Hundred Fifty Dollars

2. Section 5.4 of the Agreement is amended in its entirety to read as follows:

“5.4 The initial term of this agreement shall be from February 9, 2007 to December 31, 2008. City may elect to extend the term, at its sole discretion, for up to two terms of two years each by giving written notice to Contractor no later than sixty (60) days before the initial term ends. If City elects to extend the term, the compensation payable to Contractor under Section 3 may be adjusted as the parties may mutually agree. “

3. Except as amended herein, all provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect.

4. All requisite insurance policies to be maintained by Consultant pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment.

5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.

CONTRACTOR:


By:

Printed Name:

Title:


CITY:


By:
Donna Landeros, City Manager


ATTEST:

By:
Margaret Wimberly, City Clerk


APPROVED AS TO FORM:


By:
Damien B. Brower, City Attorney
 

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