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Home My WebLink AboutC32190 - Amend LMA 18 - Vintage Associates � Contract No. C 33010 Contract No. C32190 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF f2EPORT REQUEST: RATIFY THE CITY MANAGER'S EXECUTION OF A PARKING AGREEMENT FOR CAHUILLA HILLS PARK AND AMEND CONTRACT NO. C32190 TO INCLUDE MAINTENANCE OF THE PARKING AREA SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: August 22, 2013 CONTENTS: Parking Agreement Contract Amendment Recommendation By Minute Motion: 1. Ratify the City Manager's execution of a Parking Agreement for Cahuilla Hills Park; (Contract xo. C33010) 2. Amend Contract No. C32190 with Vintage Associates, Inc., to include the maintenance of the parking area at an additional $100 per month ($1,000 for the remainder of the contract term); and 3. Authorize the Mayor to execute the Amendment. Funds for the maintenance of the parking area are available in Account No. 110-4611- 453-3320, R/M Landscape Services. Backqround The addition of pickleball courts and the use of the trail system have made Cahuilla Hills Park increasingly popular and at peak usage it draws dozens of vehicles. The park has on-site parking consisting of seven spaces and when these spaces are full, park users have often parked in the empty lot south of Tierra Del Oro. This lot is owned by Desert Cities Baptist Church. The pastor of Desert Cities Baptist Church contacted the City a few months ago regarding park users parking in the church's lot. The church is in favor of allowing the park users to park in the lot, but they had concerns regarding the dust that is generated Staff Report Contract Nos. C 33010 & C32190 Ratify Execution of Parking Agreement and Amend C32190 August 22, 2013 Page 2 of 2 by the heavy use of the site, and liability stemming from so many people using the lot. The church has also noticed an increase in trash since park users have begun using the site. The City Attorney drafted an agreement that addresses the concerns of the property owner. The agreement allows park users to use the lot during park hours. In exchange, the City will spread asphalt grindings on the lot to address dust problems, assume responsibility for performing periodic maintenance, provide trash receptacles and perform a litter pick on weekdays as necessary, and hold the property owner harmless from any damage or injury that occurs on the lot. Vintage Associates, Inc., is the contractor who handles the landscape maintenance for Landscape Maintenance Area 18, which includes Cahuilla Hills Park. The cost to add litter pick up and empty the trash receptacles in the additional parking area is $100 per month, and staff is requesting approval to amend the contract with Vintage to include this additional work. Fiscal Analysis The fiscal impact associated with the Parking Agreement is limited to the increased cost for the contract with Vintage Associates for LMA 18. This cost is $100 per month (an additional $1,000 through June 30, 2014) and covers litter pick and trash removal from the parking area. Prep ed By:, � Department Head: i � 1 ` � �'/ / ��: Ry Gayle , ,roject Administrator Mark Greenwood, P.E. Director of Public Works CITY COUNCiL ACTION Director of Finance APPROVrD '� nF�vrrn au S. Gi son, RECEIVED OTHI?R Ap vaL MEET(NG DAT , -- — b avrs: — Nors: A�srNT: _ AI3STAIN: M. Woh uth, City Manager VERIFIED I3Y: Original on File with City Clcrk Office �!�� 1�� j� �� Contract#/P.O.# C32190 018614 �(��Sj� �r� ; � ��. Amendment No. � �"� �`�'� I - Contingency: YES NO X Contract Purpose Landscape Maintenance Area 18 Account No. 110-4611-453-3320 ConsultanYs Name Vintage Associates, Inc. Project No. 918-12 ,address: 78755 Darby Road vendor No. 5578 Bermuda Dunes, CA 92203 You are hereby requested to comply with the following changes from the contract plans and specifications: DESCRIPTION OF CHANGES DECREASE INCREASE In Contract Price In Contract Price Cahuilla Hills Park -Adjacent parking area trash pick up @ $100/month 1,000.00 from Sept 1, 2013 through June 30, 2014 (10 months) TOTALS: - 1,000.00 NET CHANGE IN CONTRACT PRICE: 1,000.00 JUSTIFICATION: Include the regular trash pick up of the parking area adjacent to Cahuilla Hills Park for the remainder of the contract agreement. TOTAL BUDGET FOR PROJECT: + $149,100 CONTINGENCY: Less: Expend. & Encumb. To Date: - $148,100 Amount Approved by Council: + $p Less: This Change Order Amount: - $1,000 Less: Prior Change Order(s): - $p BALANCE OF BUDGET Less: This Change Order: - $Q REMAINING FOR PROJECT: - Balance Remaining of Contingency: - The amount of the Contract will be increased by the Sum of: One Thousand dollars and 00/00 ($1 000.00). G:\PubWorks\Staff Reports12013�August 22\06 Ratify Parking Agreement\Contracl Amendment No 1.docx See reverse ... Contract C32190 Amendment No. 1 Continued from front This 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 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 $149,100 The undersigned Contractor approves the foregoing Amendment # 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 Amendment # 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 Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Amendment shall be effective when approved by the Owner. Execution of this 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 Amendment, 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. 1. REQUESTED BY: 2. ACCEPTED BY: DEPARTMENT HEAD CONTRACTOR Date Accepted 3. CERTIFIED FUNDS AVAILABLE: 4. APPROVED BY: FINANCE DIRECTOR JAN C. HARNIK, MAYOR Date Approved NOTE: No payments will be made prior to City Manager and Council approval cirY nnarva�ER Date Approved G:\PubWorks\Staff Reports�20131August 22\06 Ratify Parking Agreement\Contract Amendment No t.docx See reverse ...