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Home My WebLink AboutC32621 - Landscape Maintenance Area 7 - 907-13Contract No. C32621 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE THIRD AMENDMENT TO CONTRACT NO. C32620, A ONE-YEAR EXTENSION WITH KIRKPATRICK LANDSCAPING SERVICES, INC., FOR LANDSCAPE MAINTENANCE AREA NO. 7, IN THE AMOUNT OF $101,535, AND INCLUDE REPAIR WORK AND SERVICES AT THE SPECIFIED CONTRACT AMOUNT NOT TO EXCEED 20 PERCENT OF CONTRACT AMOUNT OR $20,307 (PROJECT NO. 907-13) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Kirkpatrick Landscaping Services, Inc. 43-752 Jackson Street Indio, CA 92201 DATE: April 23, 2015 CONTENTS: Third Amendment to Contract (Contract No. C32621) Email from Kirkpatrick Landscaping Services, Inc. Recommendation By Minute Motion: 1. Approve Third Amendment to Contract No. C32620, a one-year extension with Kirkpatrick Landscaping Services, Inc., for Landscape Maintenance Area No. 7, in the amount of $101,535; 2. Include repair work and services at the specified contract amount not to exceed 20 percent of contract amount or $20,307; and 3. Authorize the Mayor to execute the amendment. Funds are available in the respective Landscape and Lighting District accounts. Background City Council awarded the original contract to Kirkpatrick Landscaping Services, Inc., on May 9, 2013. The original term was two years with the option for two, one-year extensions. On October 24, 2013, City Council approved Amendment No. 1 to reduce Staff Report Approve C32621 for Kirkpatrick Landscaping First One -Year Extension for LMA 7 Page 2 of 2 April 23, 2015 the contract amount due to reduction in services to the President Plaza East/West. On July 1, 2014, the state mandated a minimum wage increase of $1.00 per hour; therefore, on June 26, 2014, City Council approved Kirkpatrick's request to increase the contract amount by $7,407.84. 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. Kirkpatrick Landscaping was notified of the prevailing wage requirement and they have agreed to the first one-year extension of contract commencing July 1, 2015, and expiring June 30, 2016, at the current contract price of $101,535 per year ($8,461.25 per month), 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: Depart nt d: <_ �_, , / 20) Randy ChaAi Mark Gre n ood, P.E. Lan,ospapepupervisor Director df ublic Works P ul S. Gibson, Director of Finance n M. Wohlmuth, City Manager CONTRACT NO. C32621 THIRD AMENDMENT TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Kirkpatrick Landscaping, Inc., ("Contractor"), entered into an agreement, dated May 9, 2013, to provide landscape maintenance services for Landscape Maintenance Area No. 7 ("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/statisticsresearch.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. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. CONTRACT NO. C32621 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 KIRKPATRICK LANDSCAPING SERVICES Contractor Approved as to Content: Mark Greenwood, P .E. Director of Public Works CONTRACT NO. C32621 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) Gonzalez, Bertha From: Chavez, Randy Sent: Thursday, March 26, 2015 10:13 AM To: Gonzalez, Bertha Subject: FW: LMA 2 and 7 Contract Extensions From: kls� i kisinc.net [mailto:kls4�kl5inc.ne*] Sent: Friday, February 06, 2015 3:22 PM To: Chavez, Randy Subject: Re: LMA 2 and 7 Contract Extensions Good afternoon Randy, In addition to the confirmation below, we wish to also confirm full compliance with the prevailing wage rates for public works. In accordance with SB 854 we have registered with the Department of Industrial Relations. Steve/Isaac From: rchavezd.cityofpainrdesert.org Sent: Tuesday, January 20, 2015 4:55 PM To: kls,a&klsinc.net Subject: RE: LMA 2 and 7 Contract Extensions Thank you. From: klsa�klsin(.net [niailto:klsd_klsinc.net] Sent: Tuesday, January 20, 2015 4:55 PM To: Chavez, Randy Subject: Re: LMA 2 and 7 Contract Extensions Hello Randy, Please consider this our confirmation to extend the contract for Fiscal Year 2015-2016 at the current contract price. Steve/Isaac From: rchavez(g)cityofi)al_mdeG sert.or Sent: Tuesday, January 20, 2015 9.20 AM To: kls(dlklsinc.net Cc: cciaugr.rshCc�-citvofpalrndesert.org ; baonzalez 'ciyofpalrndesert.or Subject: LMA 2 and 7 Contract Extensions Hello Isaac, how are you? The City Attorney did some research on contract extensions and found that they do not have to be prevailing wage. As you may be aware, the contracts for LMA 2 and 7 expire on June 30, 2015, but have the option for a one-year extension. If Kirkpatrick Landscape is interested in extending the contracts to Fiscal Year 2015-2016 at the current contract price, please let me know by Friday, January 23, 2015, no later than 12:00pm. Feel free to contact me with any questions and/or concerns.