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Home My WebLink AboutC32172 - Landscape Maintenance Area 16 - 916-11Contract No. C32172 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE SECOND AMENDMENT TO CONTRACT NO. C32170, THE SECOND ONE-YEAR EXTENSION WITH VINTAGE ASSOCIATES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 16, IN THE AMOUNT OF $169,584, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT OR $33,917 (PROJECT NO. 916-11) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Vintage Associates, Inc. 78755 Darby Road Bermuda Dunes, CA 92203 DATE: April 23, 2015 CONTENTS: Second Amendment to Contract (Contract No. C32172) Letter from Vintage Associates, Inc. Recommendation By Minute Motion: 1. Approve Second Amendment to Contract No. C32170, the second one-year extension with Vintage Associates, Inc., for Landscape Maintenance Area No. 16, in the amount of $169,584; 2. Include repair work and services at the specified contract amount not to exceed 20 percent of contract amount or $33,917; and 3. Authorize the Mayor to execute the amendment. Funds are available in the Account No. 110-4611-453-3320, R/M Landscaping Services. Background City Council awarded the original contract to Vintage Associates, Inc., on September 27, 2012. The original agreement was for a term of twenty months, with an option for two, one-year extensions. On July 10, 2014, City Council approved the first one-year extension, which is set to expire June 30, 2015. Staff Report Approve C32172 for Vintage Associates Second One -Year Extension for LMA 16 Page 2 of 2 April 23, 2015 The trash removal from the trash/recycle bins in the Freedom Park Community Gardens was the responsibility of the community gardeners. However, they have been inconsistent with the task; therefore, staff requested Vintage to submit a quote to assume the responsibility on a weekly basis. Vintage submitted the quote for the amount of $132 per month, which staff finds to be reasonable. In addition, in 2014, the California Legislature enacted SB854 (Prevailing Wage Compliance Monitoring), which went into effect January 1, 2015. SB854 requires any public work done under contract, including extensions, to require prevailing wage. Vintage Associates was notified of the prevailing wage requirement and they have agreed to the second one-year extension. The contract will commence on July 1, 2015, and expiring on June 30, 2016, at the contract price of $169,584 per year ($14,132 per month); an annual increase of $1,584 due to the trash removal at the Freedom Park Community Gardens, and with no increase resulting from prevailing wage. Repair work and services covers unquantifiable activities necessary for landscape maintenance, which are not part of the landscape maintenance contract. This repair work and services includes, but is not limited to, repair and replacement of irrigation equipment; repair, maintenance and replacement of lighting equipment; emergency tree work; replacement of trees and shrubs; pest control; and accident and vandalism repair and replacement. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Rand a Land cape Supervisor F'dul S. Gibson, Director of Finance n M. Wohlmuth, City Manager Depa Mark Gr en ood, P.E. Director of Public Works CONTRACT NO. C32172 SECOND AMENDMENT TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Vintage Associates, Inc., ("Contractor"), entered into an agreement, dated September 27, 2012, to provide landscape maintenance services for Landscape Maintenance Area No. 16 ("Agreement'), the parties wish to amend the Agreement effective July 1, 2015. NOW, THEREFORE, the parties agree as follows: A. Term is amended to add the following paragraph to the end of the existing section, as amended. "The term of this Agreement is extended, and shall include the time period from July 1, 2015, through June 30, 2016." B. Wage Rates is amended to the following paragraph: "In accordance with California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. In accordance with City Ordinance No. 859, this project shall require prevailing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State labor Code. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.gov/DLSR/statistics research.html or by contacting the District Office at 464 West Fourth Street, San Bernardino, California 92401. No contractor or subcontractor may be listed on a Proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for Proposal purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. * 15 U.S.C.A. Chapter 15". C. The Amount of the contract will increase by the sum of one thousand five hundred eighty-four dollars ($1,584) to include regular trash removal at the Freedom Park Community Gardens for a total annual contract price of $169,584. D. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. CONTRACT NO. C32172 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 23`d day of April 2015. CITY OF PALM DESERT A Municipal Corporation Susan Marie Weber, Mayor City of Palm Desert Attest: Rachelle D. Klassen, City Clerk CITY OF PALM DESERT, CALIFORNIA Approved as to Form: David J. Erwin, City Attorney VINTAGE ASSOCIATES, INC. Contractor Approved as to Content: Mark Greenwood, P .E. Director of Public Works CONTRACT NO. C32172 CONTRACTOR NOTARY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } } SS County of Riverside } On , 20 , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) "i NTAGE April 3, 2015 Randy Chavez City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: Contract No. C32160 — Landscape Maintenance Area 1 - revised C32610 — Landscape Maintenance Area 4 C32171 — Landscape Maintenance Area 16 C32191 — Landscape Maintenance Area 18 Dear Randy, Vintage Associates is registered with the State of California and is in compliance with the Department of Industrial Relations, registration #1000001926. Vintage Landscape is willing to continue the landscape maintenance of Area 1, 4, 16 & 18 and extend the term of these contracts up to 12 months from the current termination date at the current contract price as listed below: (Note new areas or responsibilities added to monthly rate during extension period) Current Extension Amount LMA #1 $12,760 per month $11,050 per month* LMA #4 $10,390 per month $11,890 per month LMA #16 $14,000 per month $14,132 per month LMA #18 $ 7,805 per month $ 7,937 per month We would like to express our thanks and appreciation to The City of Palm Desert for their cooperation and support over the last two years. We value your business and thank you in advance for your consideration. Sincerely, X tI / vv Mulla y --"Manager of Business Development *reduction of $1,710 per month for the visitors center Vintage Nursery, i'inlage Landscape, Treerite, Schmidt Services, Turfscapes, WaterRite 78-755 Darby Road • Bermuda Dunes, CA 92201 • (760) 772-3673 • Fax. ("760) 772-3674 • Lic. 4647984