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Home My WebLink AboutC32620 - CA1 - LMA No. 7 Prjct 907-13Contract No. C32620 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT �� REQUEST: APPROVE AMENDMENT NO. 1 TO DECREASE CONTRACT NO. C32620 WITH KIRKPATRICK LANDSCAPING, INC., BY THE AMOUNT OF ($4,187.92) FOR LANDSCAPE MAINTENANCE AREA 7 (PROJECT NO. 907-13) SUBMITTED BY: DATE: CONTENTS Recommendation Mark Greenwood, P.E., Director of Public Works October 24, 2013 Contract Amendment Vicinity Map By Minute Motion, approve Amendment No. 1 to decrease Contract No. C32620 with Kirkpatrick Landscaping, Inc., by the amount of ($4,187.92) for Landscape Maintenance Area 7. Funds are available in the respective Landscape and Lighting District accounts. Backuround On May 23, 2013, City Council awarded Contract No. C32620 for Landscape Maintenance Area 7, which includes Presidents Plaza East/West, to Kirkpatrick Landscaping in the amount $192,823.02 for a period of two years. Presidents Plaza East/West is a Property and Business Improvement District (PBID) and the City of Palm Desert has acted as a property manager for the area since the mid 1980s. Property owners paid the City through their tax bills to fund the operations of their property that included: landscaping/lighting maintenance services, waste services, street sweeping and minor maintenance to the parking area. PBID runs in five-year cycles, requiring owners to re-ballot at the conclusion of a cycle; therefore, staff began the formal process of re-forming the PBID in early 2013. Ballots were sent out in June to the property owners in this district, and at its meeting of August 22, 2013, the City Council directed staff to open the ballots and declare the results of the vote. The result of the vote was 63 percent of responding property owners voting not Staff Report Amend C32620 for LMA 7 October 24, 2013 Page 2 of 2 Contract No. C32620 to reform the district. As a result of this outcome, the City will no longer fund maintenance operations for this parking area. Due to the way tax assessments are collected, the City currently has six months of funding from property owners, which can be used to continue services until funds are depleted. Staff is working toward a plan to utilize the funds in the most efficient way until a new management approach is found. It is staff's opinion that trash service is the highest priority service, so any and all resources available will be diverted to ensure trash collection continues. To meet this goal, staff reduced landscape and lighting maintenance services to only irrigation checks and minor irrigation repairs; all other monies will go to assist funding of trash services. Kirkpatrick Landscaping was asked to provide a reduction in the annual maintenance cost based on the reduced services. Kirkpatrick submitted a reduction of $190.36 per month for the remainder of the contract agreement from September 1, 2013 through June 30, 2015. Fiscal Analvsis This is an on-going maintenance activity with no fiscal impact beyond the contract amendment. Prepared By: , �� H. Spe c nig�it, Landscape Manager � i Paul S. Gibson, Director of Finance � Manager Dep rr�erlt Head: a � - Mark Gr� wood, P.E. Director of ublic Works C1TY COUNCILACTION APPROVF.D � DENIF:D RECENED OTHER MF,CTINGDATE ��-��y-�UI3 AYF,S:./�� n7 �'n; p ,P �, Tr3,n��r��- l�l,��,�� G�121b� . NOES: tilo�l� AI3S[:NT: A)nh� � AT3STA[N: N�n�°_ VI:RIFIF.D I3Y• /��1�-I/"� Original on File with City Clcrk's Oftice CITY OF P�4l.lwi DESERT CONTRACT A�MIENDMENT Contract Purpose Landscape Maintenance Area 7 ConsuitanYs Name Kirkpatrick Landscaping, Inc. address: 43-752 N. Jackson Street Indio, CA 92201 contract # � P.o. # C32620 � 018609 � Amendment No. � l Contingency: YES � NO acco�nt No. ( LLD Accounts Project No. I 907-13 Vendor No. � 4358 � 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 Presidents Plaza East/West $190.36 per month x 22 months (September 1, 2013 thru June 30, 2014) JUSTIFICATION: TOTALS: NET CHANGE IN CONTRACT PRICE: 4,187.92 4,187.92 - (4,187.92) Reduce landscape and lighting maintenance services to only irrigation checks and minor irrigation repairs at Presidents Plaza East/West. TOTAL BUDGET FOR PROJECT: Less: Expend. & Encumb. To Date: Less: This Change Order Amount: BALANCE OF BUDGET REMAINING FOR PROJECT: + $192,823 - $0 - $4,188 188,635.10 CONTINGENCY: Amount Approved by Council: Less: Prior Change Order(s): Less: This Change Order: Balance Remaining of Contingency: + $0 - $0 - $0 The amount of the Contract will be decreased by the Sum of: Four Thousand One Hundred Eiqhtv-Seven dollars and 92/00 ($4,187.92). G:1PubWorfcslStaff Reports\201310ctober 24�03 Amend C32620 with Kirkpatrick LMA 7\Contract Amendment No 1 P907-13.docx See reverse ... Contract C32620 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. Con#ract Time Extension 0 Days. Revised Contract Total $188.635.10 The undersigned Contractor approves the foregoing Rmendment # 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. REQUESTED BY: CERTIFIED FUNDS AVAILAB�E DEPARTMENT HEAD � li'�t��:� FINANCE DIRECTOR NOTE: No payments will be made prior to City Manager and Council approval 2. ACCEPTED BY: 4. APPROVED BY: CONTRACTOR Date Accepted JAN C. HARNIK, MAYOR CITY MANAGER Date Approved Date Approved G:1PubWorkslStaff Reports1201310dober 24VD3 Amend C32620 with Kirkpatrick LMA 7lContrad Amendment No 1 P907-13.dorac See reverse 4NT �'QSp 'qTF H SHORE DR MONTEREY AVE rIEW DR MONTEREY AVE rO GERALD FORD DR W > a a J 0 O a FRANK SINATRA DR • y itiT� r T O F,si'Y FRANK SINATRA DR 70 LANDSCAPE AREA 7 op?AE f LEGEND 111411 LMA7 Palm Desert Parcels City Boundary 1 INCH = 4,000 FEET w COUNTRY CLUB DR COUNTRY CLUB DR > re a F- G HOVLEY LN W -J 0 Y O 0 . .... ' re 0 CC re 0 0 a HOVLEY LN E W MAGNESIA FALLS DR MONTEREY AVE SAN PABLO AVE HOVLEY LN E 1— CO 1--." i O la re 0 U a 0 J 2 I -CC V FRED WARING DR O W a w G HWY 111 EL PASEO MOUNTAIN DR O 2� > FAIRWAY DR' ' GRAPEVINE ST DI Q.' a HAYSTACK RD OASIS CLUB DR to CALIFORH' WARNER TRL FRED WARING DR WASHINGTON ST