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HomeMy WebLinkAboutC30630 CO1 Landscape Maintenace Area (LMA) 4 904-11Contract No. C30630 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: APPROVE CHANGE ORDER NO. 1 TO CONTRACT NO. C30630 WITH PINNACLE LANDSCAPE COMPANY FOR LANDSCAPE MAINTENANCE AREA 4 IN THE AMOUNT OF $6,286 (PROJECT NO. 904-11) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Pinnacle Landscape Company 2200 S. Fairview Street Santa Ana, CA 92704 DATE: April 12, 2012 CONTENTS: Change Order No. 1 City Manager Authorization Memo Pinnacle's Proposal for Portola Median Vicinity Maps Recommendation By Minute Motion: 1. Approve Change Order No. 1 to Contract No. C30630 with Pinnacle Landscape Company for Landscape Maintenance Area 4 in the amount of $6,286; and 2. Authorize the Mayor to execute said Change Order No. 1 Funds are available in Account No. 110-4614-453-3370, R/M Medians. Background Several years ago, Academy Lane and Windflower Court were conditioned to form Landscape and Lighting Districts to maintain the common landscape areas along Shepherd Lane and Portola Avenue. The developers formed the districts and brought them to the City Council for acceptance; however, the City Council did not accept them. As a result, the common landscape areas have gone unmaintained with the exception of the occasional tree and shrub pruning done for sidewalk clearance by the City. The City has been and still is paying for the water service that irrigates their landscapes. Landscape Services staff reviewed the tract maps for each development and found that the common landscape areas are located within City right-of-way and/or on lettered lots Staff Report Approve Change Order No. 1 April 12, 2012 Page 2 of 2 Contract No. C30630 dedicated to the City. Bids for an initial cleanup and monthly maintenance for both areas were solicited from Pinnacle Landscape Company, the current contractor for LMA 4. Pinnacle submitted a proposal for the initial cleanup of both areas, which includes a reduction of plant population in order to minimize maintenance cost, in the amount of $2,281.69. They also submitted a proposal for the monthly maintenance as follows: Development Proposed Amount Academy Lane TR30801 Monthly Maintenance $143.00 Windflower Court TR30275 Monthly Maintenance $130.00 Total for both developments: $273.00 On March 27, 2012, the City Manager authorized the initial cleanup of the areas, and directed staff to submit the contract amendment to the City Council for approval. In addition, the City has recently completed the Portola Avenue and Frank Sinatra Drive Intersection Improvements Project No. 578-08, which includes the landscape installation on the median north and south of Frank Sinatra. The monthly maintenance of this landscape needs to also be incorporated in the subject contract. Therefore, Pinnacle Landscape submitted a proposal in the amount of $176 per month. These changes will result in a total additional monthly charge for all areas of $449 ($273+$176) for the remainder of the contract agreement from May 1, 2012, through June 30, 2013 (14 months); a total of $6,286. Fiscal Analysis This is an on -going maintenance activity with no fiscal impact beyond the change order. Prepared By: kJlUbUrl, UIrULAUr UI CITY CVUINCILACTION -APPROVED- DENIFI) RECEIVED OTHER. MEETING DATE AYES: NOFs: N Wohlmuth, City Manager BSENT: U u it e +'l ABSTAIN: N 0,_iA e- VERIFIFI) BY: Original on File with City Clerk's Oflice CITY OF PALM DESERT CONSTRUCTION CHANGE ORDER Contract Purpose Landscape Maintenance Area 4 Consultant's Name Pinnacle Landscape Company Address: 2200 S. Fairview Street Santa Ana, CA 92704 Contract # / P.O. # Change Order No. Contingency: Account No. Project No. Vendor No. C30630 017466 1 YES NO 110-4614-453-3370 904-11 12097 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE I INCREASE In Contract Price I In Contract Price ;ademy Lane ($143 per month) indflower Court ($130 per month) >rtola Median - North & South of Frank Sinatra ($176 per month) per month X 14 months (Mayl 1, 2012 thru June 30, 2013) TOTALS: NET CHANGE IN CONTRACT PRICE: JUSTIFICATION: 2,002.00 1,820.00 2,464.00 Include the regular monthly landscape maintenance of Academy Lane, Windflower Court and Portola Median for the remainder of the contract agreement. TOTAL BUDGET FOR PROJECT: + $74,266 Less: Expend. & Encumb. To Date: - $67,980 Less: This Change Order Amount: - $6,286 BALANCE OF BUDGET REMAINING FOR PROJECT: - CONTINGENCY: Amount Approved by Council: + $0 Less: Prior Change Order(s): - $0 Less: This Change Order: - $0 Balance Remaining of Contingency: - The amount of the Contract will be decreased by the Sum of: Six Thousand Two Hundred Eighty -Six dollars and 00/00 ($6,286.00). G:\PubWorks\Staff Reports\20121Apol 12\02 Approve CO No. 1 for Pinnade P904-11\Change Order No 1 P904-11.docx See reverse Contract C30630 Change Order No. 1 Continued from front This Change Order 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 Order 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 $74,266 The undersigned Contractor approves the foregoing Change Order # 1 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 Change Order # 1 . 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 Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Execution of this Change Order 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 Change Order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss 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. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD 3. CERTIFIED FUNDS AVAILABLE: FINANCE DIRECTOR NOTE: No payments will be made prior to City Manager and Council approval CONTRACTOR Date Accepted 4. APPROVED BY: ROBERT A. SPIEGEL, MAYOR Date Approved CITY MANAGER Date Approved G:1PubWorks\Staff Reports12010April 12102 Approve CO No. 1 for Pinnacle P904-111Change Order No 1 P904-11.docx See reverse ... CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM To: John M. Wohlmuth, City Manager From: H. Spencer Knight, Landscape Manager Date: March 27, 2012 Subject: Authorization to Open Purchase Order and Amend Contract Per the attached memo, the Director of Public Works, Mark Greenwood, P.E., has directed staff to perform the initial cleanup of the underfunded Landscape & Lighting Districts: Academy Lane and Windflower Court, and amend the LMA 4 contract to include their monthly maintenance. Therefore, staff is requesting your authorization for Finance to issue a Purchase Order for the initial cleanup of both districts to Pinnacle Landscape Company, the current vendor for LMA 4, in the amount of $2,281.69. In addition, we are requesting your approval to submit to the City Council an amendment to Pinnacle's LMA 4 contract, so the monthly maintenance can be included. The amendment will be for $273 per month for the remainder of the contract term (14 months) starting May 1, 2012; a total of $3,822 ($273 x 14). Funds for this work was not budgeted in the current fiscal year, however, funds from Account No. 110-4614-453-3370, R/M Medians, will be used. If you concur, please indicate your approval below. scape Manager /bg Review and Concur: City Manager ICI N NAL' PROPOSAL FOR EXTRA WORK CV 002 06 &arch M—W Rick Valdez DATE OF ORDER SUPER"soft: Rick Valdez March 29 2012 TYPE OF WORK: Monthly Maintenance 2200 S. FAIRVIEW STREET Santa Ana, CA 92704 Office: 714 434.2533 Fax: 714 957.3168 Attention: Spencer Knight Email: sknight@cityofpalmdgagrt.org CAUFORNIA UCENSE#:835710 Attention: Email: all TO ft R R OFF3301 LMA 4 Portola MCARE OF,CUSTOMER"NAME ADDRESS CUSTOMER JOB S Palm Desert CITY STATE ZIPCOOE dTY STATE ZIP ca, SCOPE OF WORK Once per Month Maintenance LIMA 4 WORK QTY. UNIT PRICE TOTAL North of Frank Sinatra/Portola Landscape Maintenance 3 Monthly Landscape Maintenance $ 22.00 $ 66.00 $ - $ - PROPOSAL IS VOID AFTER 30 DAYS TOTAL AMOUNT 66.00 Pinnacle Holdings Group Inc, d.b.a. Pinnacle Landscape Company is hereby authorized to fumish all materials and labor required to complete the work stated for which customer agrees to pay the amount mentioned above and in accordance with the terms and conditions of this contract between the customer or its agents and Pinnacle Landscape Company. PAYMENT Is DUE 30 DAYS AFTER RECEIPT OF INVOICE. A service charge may be added to accounts past due at the rate of 1.5% per month,18% per annum. Both parties of this contract agree to binding arbitration as a method of settling any dispute resulting in the lack of payment. Should it be necessary for either party to file suit to enforce the provisions of this contract, or breach hereof or if the matter is arbitrated, the party prevailing in such action shall be entitled to reasonable attorneys fees and costs as part of any judgments rendered therein, The Customer may request additions, alterations, omissions or other modifications in the above stated scope of work, such changes shall be valid only upon written Change Order, executed by both parties acknowledging said change and the agreed upon price for performing the extra work. There is no warranty or guarantee on Annual Color. CUSTOMER APPROVAL AND AUTHORIZATION TO PROCEED WITH SCOPE OF WORK: BELOW WARRANTS THAT THEY ARE AN AUTHORIZED AGENT. AUTHORIZED BY PRINT NAME: TITLE: SIGNATURE: DATE: PLEASE FAX AUTHORIZATION BACK TO (714) 957-3168 or E-Mail to your contact 10 i N tV AL' I E � .f ff.��f .f�fa• 4 .ffff�f.fff� PROPOSAL FOR EXTRA WORK CV 00205 Branch Man ' Rick Valdez DATE OF ORDER SUPERVISOR. Rick Valdez March 29 2012 TYPE OF WORK: Monthly Maintenance 2200 S. FAIRVIEW STREET Santa Ana, CA 92704 Office: 714 434.2533 Fax: 714 957.3168 Attention: Spencer Knight Email: kni ht cit f almd ert.or CALIFORNIA LICENS0:05710 Attention: Email: eu to R OFF3301 05-5W 00123 ME OF, CWTOMER"MWE LMA #4 ADDR03 CUST RA Palm Desert CITY STATE LP CODE CRY STATE L➢ ca, SCOPE OF WORK Once per Month Maintenance LMA 4 WORK QTY. UNIT PRICE TOTAL North of Frank SinatralPortola Landscape Maintenance 5 Monthly Landscape Maintenance $ 22.00 $ 110.00 $ - $ - PROPOSAL IS VOID AFTER 30 DAYS TOTAL AMOUNT 110.00 Pinnacle Holdings Group Inc, d.b.a. Pinnacle Landscape Company is hereby authorized to famish all materials and labor required to complete the work stated for which customer agrees to pay the amount mentioned above and in accordance with the terms and conditions of this contract between the customer or its agents and Pinnacle Landscape Company. PAYMENT 13 DUE 30 DAYS AFTER RECEIPT OF INVOICE. A service charge may be added to accounts past due at the rate of 1.5% per month,18% per annum. Both parties of this contract agree to binding arbitration as a method of settling any dispute resulting in the lack of payment. Should it be necessary for either party to file suit to enforce the provisions of this contract, or breach hereof or if the matter is arbitrated, the party prevailing in such action shall be entitled to reasonable attorneys fees and costs as part of any judgments rendered therein. The Customer may request additions, alterations, omissions or other modifications in the above stated scope of work, such changes shall be valid only upon written Change Order, executed by both parties acknowledging said change and the agreed upon price for performing the extra work. There is no warranty or guarantee on Annual Color. CUSTOMER APPROVAL AND AUTHORIZATION TO PROCEED WITH SCOPE OF WORK: BELOW WARRANTS THAT THEY ARE AN AUTHORIZED AGENT. AUTHORIZED BY PRINT NAME: TITLE: SIGNATURE: DATE: PLEASE FAX AUTHORIZATION BACK TO (714) 957-3168 or E-Mail to your contact ",� ITOLA AVE"""�'�"" nwm ,400.7 t is r-- ,IN a I i . 'd,i � 4 1 I I Portola Medians o North & South of Frank Sinatra Dr Date: 2 312012 VICINITY MAP