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Home My WebLink AboutC32731 - One Year Extension - Water Features Maintenance ServicesContract No. C32731 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE A ONE-YEAR EXTENSION TO CONTRACT NO. C32730 WITH SOUTHWEST AQUATICS FOR LAGOON AND WATER FEATURES MAINTENANCE SERVICES IN THE AMOUNT OF $30,095.92 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Southwest Aquatics P.O. Box 13212 Palm Desert, CA 92255 DATE: June 11, 2015 CONTENTS: C32731, First Amendment to Agreement C32730 Letter from Southwest Aquatics Recommendation By Minute Motion: 1. Approve a one-year extension to Contract No. C32730 with Southwest Aquatics for Lagoon and Water Features Maintenance Services in the amount of $30,095.92; and 2. Authorize the Mayor to execute the contract. Funds are available in the General Fund Account No. 1104610-4332000, Repair/Maintenance Medians, and 1104614-4332500, R/M Medians. Background The subject contract was awarded by City Council to Southwest Aquatics of Palm Desert, California, on June 13, 2013, for a term of two years, with an option for two one- year extensions. This contract includes the monthly maintenance services to the Civic Center lagoon and the Entrada del Paseo water features. Staff Report Approve C32731 with Southwest Aquatics, One -Year for Water Feature Maintenance June 11, 2015 Page 2 of 2 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. Southwest Aquatics, Inc., was notified of the prevailing wage requirement and they have agreed to a one-year extension commencing July 1, 2015, and expiring June 30, 2016, at the price of $30,095.92 per year ($2,507.99 per month); an annual increase of $2,500 due to prevailing wage. Southwest Aquatics, Inc., has performed aquatic maintenance services for the City for several years at both Civic Center Park and Entrada del Paseo. Staff has found them to be knowledgeable and responsive to our needs, and recommends approval of this contract extension at the increased price. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the contract amount. Prepared By: Depa Randy Chav andscape Supervisor Mark Gr Director Paul S. Gibson, Director of Finance M. Wohlmuth, City Manager /bg erft Mead: vood, P. E. ublic Works CONTRACT NO. C32731 FIRST AMENDMENT TO AGREEMENT WHEREAS, the City of Palm Desert ("City") and Southwest Aquatics, ("Contractor"), entered into an agreement, dated June 13, 2013, to provide Lagoon and Water Features Maintenance Services ("Agreement"), the parties wish to amend the Agreement effective July, 2013. 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 Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) due to the additional expenses of prevailing wage for a total annual contract price of Thirty Thousand Ninety-five and 92/100 Dollars ($30,095.92). D. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect. CONTRACT NO. C32731 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 11th day of June 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 SOUTHWEST AQUATICS Contractor Approved as to Content: Mark Greenwood, P .E. Director of Public Works CONTRACT NO. C32731 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) S May 21, 2015 Randy Chavez, Landscape Supervisor City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Sent Via Email: rehavez@cityofpalmdesert.org RE: Contract Extension 2015 This letter is intended to express our desire to continue service and extend the term of our Contract No. C32730 for the Lagoon and Water Features Maintenance for the period of one year. The extension shall commence July 1, 2015 and expire June 30, 2016. We understand execution of this contract extension will require us to comply with the Department of Industrial Relations SB 854 and its Prevailing Wage compensation requirements. We are registered with D.I.R. under License#931017. The record keeping and Certified Payroll submission requirements of DIR and SB 854 will be an additional expense to us. In order to cover these additional expenses we ask that at total of $2,500.00 (TWO THOUSAND FIVE HUNDRED DOLLARS AND NO/100) be added to our agreement and paid monthly at a rate of $208.33 (TWO HUNDRED EIGIIT DOLLARS AND NO/100). We thank you for your consideration and please feel free to contact me should you have any further questions. Sincerely, Chris eaty, Pr ident P.O. BOX 13212 • PALM DESERT, CALIFORNIA 92255 • (760) 568-5499 • FAX. (760) 568-4019