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CITY COUNCIL AGENDA ITEM NO. 16



Meeting Date: May 13, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with Cagwin and Dorward in the amount of $75,000 for a total contract amount of $2,319,129 for the Sunset Park Improvement Project, CIP 352-52402 to add amendments to existing soil, over-seed all areas and re-sod selected high use areas

Prepared by: Barry Margesson, Landscape Facilities Supervisor

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


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with Cagwin and Dorward in the amount of $75,000 for a total contract amount of $2,319,129 for the Sunset Park Improvement Project, CIP 352-52402 to add amendments to existing soil, over-seed all areas and re-sod selected high use areas.

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 January 30, 2007, pursuant to authority granted the City Manager under Resolution No. 2005-60, the Parties executed an Amended and Restated Contract with Cagwin and Dorward 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.

On October 9, 2007, the Parties executed Amendment No. 1 to the Agreement to amend the Agreement’s scope of work to ratify additional work completed by Contractor from July 1, 2006 through June 30, 2007 without the benefit of a contract.

On October 9, 2007 by Resolution 2007-229, City Council authorized the City Manager to execute Amendment No. 2 to the amended and restated contract for Landscape Maintenance with Cagwin and Dorward for a contract price of $2,244,129 and term of January 30, 2007 to December 31, 2008 and amending Resolution No. 2005-60 to ensure all future contract changes go to City Council for approval.

On March 25, 2008, by Resolution 2008-070, City Council amended the 2007/08 CIP Budget to include the Sunset Park Improvements Project, CIP No. 352-52402 and amended the CIP Budget Sheet for Sunset Park Improvements, CIP No. 352-52402 and authorized funds for this project to come from the Parks & LLD Replacement Fund in the amount of $75,000.


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 and 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 January 30, 2007 pursuant to authority granted the City Manager under Resolution No. 2005-60.

Amendment No. 1 was executed to amend the contract scope of work to ratify additional work completed by Cagwin and Dorward from July 1, 2006 through June 30, 2007 that was not covered under the existing contract. The additional work performed was within the approved budget and did not require a budget amendment.

Amendment No. 2 clarified the cost breakdown of the contract as well as extended the agreement through December 31, 2008 in order for the contract to be competitively bid and for work under any new contract to commence during the winter months when the landscape maintenance activities are less intensive.

On March 25, 2008 City Council adopted Resolution 2008-070 amending the 2007/08 CIP Budget to include the Sunset Park Improvements Project, CIP No. 352-52402; Amending the CIP Budget Sheet for Sunset Park Improvements, CIP No. 352-52402; and authorizing funds for this project to come from the Parks & LLD Replacement Fund in the amount of $75,000. This project will include: 1) to add amendments to the existing soil with 80 cubic yards of top-dress humus, 2) over-seed (to include hand application of any specific trouble sports) all areas with poor coverage and appropriate seed mix and, 3) re-sod selected high use areas on soccer fields and softball apron areas adjacent to the infields. Staff is recommending amending the current Cagwin and Dorward landscape contract by the previously approved amount of $75,000.

FISCAL IMPACT
The funds for this work are included in the FY 2007/08-2011/12 CIP Budget which includes CIP Project No. 352-52402.

ATTACHMENT
Resolution
Amendment No. 3

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED CONTRACT FOR LANDSCAPE MAINTENANCE WITH CAGWIN AND DORWARD IN THE AMOUNT OF $75,000 FOR A TOTAL CONTRACT AMOUNT OF $2,319,129 FOR THE SUNSET PARK IMPROVEMENT PROJECT, CIP 352-52402 TO ADD AMENDMENTS TO EXISTING SOIL, OVER-SEED ALL AREAS AND RE-SOD SELECTED HIGH USE AREAS

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 January 30, 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, on October 9, 2007, the Parties executed Amendment No. 1 to the Amended Agreement to amend its scope of work to ratify additional work completed by Contractor from July 1, 2006 through June 30, 2007 without the benefit of a contract; and

WHEREAS, on October 9, 2007, by Resolution 2007-229, Amendment No. 2 to the Amended Agreement clarified the cost breakdown of the Amended Agreement, as well as extended 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

WHEREAS, on March 25, 2008, by Resolution 2008-070, City Council adopted the 2007/08 CIP Budget which included the Sunset Park Improvements Project, CIP No. 352-52402; Amending the CIP Budget Sheet for Sunset Park Improvements, CIP No. 352-52402; and authorizing funds for this project to come from the Parks & LLD Replacement Fund in the amount of $75,000; and

WHEREAS, Staff is recommending to increase the current Cagwin and Dorward landscape contract and the existing purchase order by the previously approved amount of $75,000; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood
approves and authorizes the City Manager to execute Amendment No. 3 to the Amended and Restated Contract with Cagwin and Dorward for Landscape Maintenance in the amount of $75,000 for the Sunset Park Improvement Project, CIP 352-52402 for a total contract amount of $2,319,129, with the 2007/08 portion being $1,178,978 dollars.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on May 13, 2008 by the following vote:
AMENDMENT NO. 3 TO AMENDED AND RESTATED CONTRACT
FOR LANDSCAPE MAINTENANCE OF CITY PARKS
[Cagwin and Dorward]


This Amendment No. 3 is entered into and effective as of the ___ day of _______________, 2008, amending the Amended and Restated Contract for Landscape Maintenance (Parks) dated January 30, 2007 (the “Agreement”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and Cagwin and Dorward, (“Contractor") (collectively, the “Parties”) for the landscape maintenance of City parks.

RECITALS

A. On October 9, 2007, the Parties executed Amendment No. 1, to the Agreement to amend the Agreement’s Scope of Work to ratify additional work completed by contractor from July 1, 2006 – June 30, 2007 without the benefit of a contract; and

B. On October 9, 2007, the Parties executed Amendment No. 2 to the Amended and Restated Contract for Landscape Maintenance with Cagwin and Dorward for a total contract price of $2,244,129 and term of January 30, 2007 – December 31, 2008 and amended Resolution No. 2005-60 to ensure all future contract changes would go to City Council for approval; and

C. On March 25, 2008, City Council approved an amendment to the Sunset Park Improvement Project, CIP 352-42402 in the amount of $75,000 for Fiscal Year 2007/08 to amend existing soil, over-seed all areas and re-sod selected high use areas; and

D. The Parties desire to alter the Agreement’s scope of work to include additional work for Sunset Park Improvement Project, CIP 352-52402 as contemplated by the March 25, 2008 CIP Amendment; and

E. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "1," Supplemental Scope of Services and Fees.

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

1. Exhibit “A” to the Agreement, is amended to include the additional work described in the attached Exhibit “1”.

2. The total amount of compensation to be paid to Contractor under the Agreement for the Services is hereby increased by Seventy-Five Thousand dollars ($75,000) for a total not to exceed amount of Two Million Three Hundred Nineteen Thousand One Hundred Twenty-Nine dollars ($2,319,129).

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 Contractor 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.


CITY OF BRENTWOOD CONTRACTOR:


By: By:
Donna Landeros, City Manager (Authorized Representative of Contractor)

Dated: Printed Name:

ATTEST: Title:

Dated:
Margaret Wimberly, CMC
City Clerk


APPROVED AS TO FORM:


Damien B. Brower, City Attorney

EXHIBIT “1”

SUPPLEMENTAL SCOPE OF SERVICES AND FEES


For Sunset Park Athletic Complex, Contractor agrees to:

1. Amend the existing soil with 80 cubic yards of top-dress humus mix following the regularly scheduled core aeration and fertilizing program.

2. Over-seed (to include hand application of any specific trouble spots) all areas with poor coverage and appropriate seed mix.

3. Re-sod selected high use areas on soccer fields and softball apron areas adjacent to the infields.

The above described work will be completed by June 30, 2008 at a fee not to exceed $75,000.
 
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