The URL can be used to link to this page

Home My WebLink AboutC26561 - CA2 - LMA 9 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Approve Amendment No. 2 to Contract No. C26561 with Hort Tech, Inc., for Landscape Maintenance Area No. 9 (Project No. 909-08) SUBMITTED BY: Mark Greenwood, P.E. Director of Public Works CONTRACTOR: Hort Tech, Inc. P.O. Box 3284 Palm Desert, CA 92261 DATE: May 7, 2009 CONTENTS: Contract Amendment No. 2 Recommendation: By Minute Motion, approve Amendment No. 2 to Contract No. C26561 in the amount of$26,122.25 for Landscape Maintenance Area No. 9. Funds are available in General Fund Account No. 110-4614-453-3370, Repair/Maintenance Median. Discussion: On May 22, 2007, the City Clerk advertised and called for proposals for professional horticultural services for the City's Landscape Maintenance Area No. 9. The contract was awarded to Hort Tech, Inc., for a term of 11 months in the amount of$231,000. On June 12, 2008, City Council approved the extension of the contract for a period of one year in the amount of $245,037. This amount included Amendment No. 1, which City Council approved on February 28, 2008, for the EI Paseo trash collection in the amount of$575 a month, and a 3% cost of living increase. On October 9, 2008, the City Council approved Amendment No. 1 for the addition of the Eric Johnson Garden II and the Henderson Building Landscapes at Entrada del Paseo, bringing the contract total to $276,912. . Amend Contract C26561 Landscape Maintenance Area No. 9 Page 2 of 2 May 7, 2009 The contract extension amount submitted for Council approval was calculated based on the amount of the original contract (11 months), plus a cost of living adjustment. The new contract amount should have been calculated based on a 12-month term. Consequentty, the existing purchase order is underfunded by one month. Therefore, staff recommends that, by Minute Motion, City Council approve Amendment No. 2 to Contract No. C26561 for Landscape Maintenance Area No. 9 by adding $26,122.25 for the missing month, bringing the contract to a grand total of $303,034.25. Fiscal Impact: Funds are available in the Repair/Maintenance Median Account No. 110- 4614-453-3370. Prepared By: Submitted y: i H. Sp ncer K ht Mark Gre wood, P.E. La ds ape M nager Director of Public Works Approval: �� omer Croy Paul Gibson ACM for Development Services Finance Director �i CITY COUNCIL�ACTiON Jo M. Wohlmuth A�'�'Rov[?n ✓ D[�.NIF,1) it Manager RIa;CEIVED OTf�iE�2 MF,ETING UATE J- � '� /bg � AYES:�� S �� e NOES: �1�� ABSI:NT: /��n�- � ABSTAIN: VF,I2IFtF.0 BY: � C Original on File with City Clerk s Oftice G:IPubWorksIPROJECTS1909-XX LMA 912008-20091Staff Reports105-07-09 Amendment No 2 Hort Tech P909-081Amend Conhact LMA 9 Hort Tech 909-08.doc ��'�� +�I''�� '�'` �ontract#1 P.o.# C26561 015299 Contract 2 C�� y �� N � � � '' ,�� Amendment No. �� Contingency: YES NO Contract Purpose Landscape Maintenance Area 9 Account No. 110-4614-453- ConsultanYs Name Hort Tech, IIIC. Project No. 909-08 add�ess: P.O. Box 3284 Palm Desert, CA 92261 vendor No. 57gg You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE (Supplemental Plans, Specifications,and Directives dated Attached) In Contract Price In Contract Price Montly Maintenance Charge 26,122.25 TOTALS: - 26,122.25 NET CHANGE IN CONTRACT PRICE: 26,122.25 JUSTIFICATION: Add one month to Landscape Maintenance Area 9 for regular landscape maintenance. TOTAL BIDGET POR PRQIECT + 303,034.25 CONlII NC,'EIVCY: Less: F�erxi.&Er�amb.To Date: - 276,912.00 Arrpur�t Approv�d by Counal: + Less: This Amendment Amouryt: - 26,122.25 Less:Prior Char�ge Orrler(s): - - B�OF BUDC�-f Less:This Change GYder: - RE�IIAINI NG FOR PfZO�1ECT: 0.00 Balanoe Rerr�ainir�g cf Cortingency. - The amount of the Contract will be increased by the Sum of: Three Hundred Three Thousand Thirtv-Four Dollars and Twentv-Five Cents ($303,034.25). Contract C26561 Contract Amendment No. 2 Continued from front This Contract Amendment covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Amendment items for a lump sum price agreed upon between the Contractor and the City of Palm Desert, otherwise referred to as Owner. Contract Time Extension -0- Days Revised Contract Total $303,034.25 The undersigned Contractor approves the foregoing Contract Amendment#2 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Contract Amendment # 2. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Change Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Amendment shall be effective when approved by the Owner. Execution of this Contract Amendment by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related to the subject of the Contract Amendment, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, Ioss of productivity, and stacking of trades, as well as any and all consequential damages. This document will become a supplement to the Contract and all provisions will apply hereto, all items included above must have required signatures as per the purchase resolution. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR ROBERT A. SPIEGEL, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval CITY MANAGER Date Approved