HomeMy WebLinkAbout8/21/2002 - STAFF REPORTS (7) DATE: August 21, 2002
TO: City Council
FROM: Director, Department of Parks, Recreation and Facilities
AMENDMENT#3 TO AGREEMENT#4372 WITH PAC WEST LAND CARE, INC.
RECOMMENDATION:
That City Council approve Amendment #3 to Agreement #4372 with Pac West
Land Care, Inc.,decreasing the agreement by$80,024 from$970,489.70 per year
to $890,465.70 per year through June 30, 2003.
SUMMARY:
Periodically, the City finds the need to add or delete services to one of its many
contractual agreements due to a variety of changing conditions. The proposed
amendment decreases the landscape maintenance duties for Pac West Land
Care, Inc. (PWLCI) in several areas where the City desires to resume in-house
control over specific maintenance functions currently being performed by PWLCI.
These reductions include various tasks,such as steam cleaning and the repair and
maintenance of ballfields.
BACKGROUND:
On July 3, City Council adopted the budget for fiscal year 2002-03. An essential
component of the adopted budget was the approval of a two-man crew for the
Downtown Experience maintenance program and a two-man crew to maintain the
playing fields and steam cleaning in the downtown. This change was presented to
City Council at staff's request to enhance service levels in the community.
With the approval of these additional crews for the Downtown Experience
maintenance program,the maintaining of playing fields and steam cleaning and the
Parks Division assuming daily maintenance operations on October 1, an
agreement has been reached with PWLCI to exclude certain tasks from its
agreement's Scope of Services. These changes are reflected in the proposed
Amendment#3 to the contract. This exclusion will decrease the contract sum by
$80,024, from $970,489.70 per year to $890,465.70 per year through June 30,
2003.
In June 2001, the City Council approved a three-year agreement with PWLCI to
provide landscape maintenance services for the City's parks and parkways.
Although PWLCI is performing all tasks at the service level originally specified, staff
believes that to increase customer service to the level of expectation by the public
and merchant community,the most cost-effective approach is to resume in-house
control in these areas.
AMENDMENT#3 TO AGREEMENT#4372 WITH PAC WEST LAND CARE, INC.
DATE: August 21, 2002
PAGE: Two
The recommended action amends the existing agreement with PWLCI to remove
downtown steam cleaning and ballfield maintenance-related functions. These
changes have previously been approved in concept by the City Council and are
reflected in the adopted budget for the current fiscal year.
EMTT MIKESELL, Director
Department of Parks, Recreation and Facilities
APPROVED:,_
City Manager ter'
ATTACHMENTS:
1. Amendment#3 to Agreement#4372
2. Minute Order
AMENDMENT NO. 3 TO AGREEMENT NO.4372
CONTRACT SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE CONTRACT SERVICES AGREEMENT(herein"Third Amendment"),made and
entered into on the day of , 2002, by the City of Palm Springs (herein "City"),
a municipal corporation, and Pac West Land Care, Inc. (herein "Contractor"), amends that certain Contract Services
Agreement dated June 20, 2001 (herein "Agreement"), including Amendments 1 and 2, by and between the same
parties
1. Section 2.1, "Contract Sum." The Contract Sum is decreased by $80,024.00, from $970,489.70 per year to
$890,465.70 per year through June 30, 2003.
2. Section 5.3, "Performance Bond." The amount of the performance bond shall be reduced to $250,000.
3. Exhibit B,"Special Requirements,"item 3,"Liquidated Damages Schedule,"shall be amended to add the following
paragraph:
"Liquidated damages shall only be assessed upon 30 days' written notice to Contractor by the Contract
Administrator If the Contractor elects to appeal the liquidated damages assessment,Contractor shall have 10days
after receipt of the written notice to submit an appeal in writing to the Contract Administrator."
4 Exhibit C, "Schedule of Compensation," shall be amended to read as follows:
"COMPENSATION: Compensation for landscape maintenance services provided by the Contractor, with the
exception of planting annuals and renovating/overseeding turf,will be made on a monthly basis, based on receipt
of acceptable invoices.
The bi-annual cost for planting annuals will be paid on a lump-sum basis twice yearly within 30 days after
Contractor completes the planting at all applicable sites.
The cost for renovating/overseeding turf will be paid on a lump-sum basis annually within 30 days after Contractor
completes the renovating/overseeding of turf at all applicable sites.
Compensation is to be adjusted annually each year in July beginning in the year 2002.Annual adjustment is to be
based on the regional CPI for the previous year ending in December.
Compensation for Speciality Tasks, both known and unknown, planned and unplanned, will be billed separately
per speciality task and submitted within 48 hours following the conclusion of the event ortask. Pricing for speciality
tasks will be based on the hourly rate submitted on Contractor's Bid Proposal. (See Paragraph 44)"
5. Exhibit C, "Schedule of Compensation," shall be amended to delete the following landscaped areas (Parkways,
Assessment Districts, and Miscellaneous Landscaped Areas) from the Agreement:
32. Tennis Center $8,673.44
6. Exhibit C1, "Schedule of Compensation," shall be amended to delete the following park maintenance items from
the Agreement:
3. DeMuth Park
a. Maintain ballfields - ongoing $ 4,619.48R.3
b. Maintain ballfields - routine $ 4,619.23
23
c. Prepare athletic fields $ 4,619.23
4. Desert Highland Park
a. Maintain ballfields -ongoing $ 1,311.96
b. Maintain ballfields - routine $ 1,312.70
c. Prepare athletic fields $ 1,312.70
10. Palm Springs Stadium & Cerritos Field
a. Blow off grandstands $ 42448
b. Clean dugouts $ 848.43
c. Clean locker rooms $ 848.80
d.. Maintain ballfields -ongoing $ 1,274.81
e. Maintain ballfields - routine $ 1,69289
f. Prepare athletic fields $ 1,274.31
g Repair home plate $ 848.43
h. Repair infield dirt $ 849.91
I. Repair pitcher's mound $ 424.48
j. Repair warning track $ 849.91
k. Wash grandstands $ 850.04
11. Downtown Steam Cleaning $43.368.77
IN WITNESS WHEREOF, the parties have executed and entered into this Third Amendment as of the date stated
above.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
APPROVED AS TO FORM. CONTRACTOR:
By:
City Attorney Pac West Land Care, Inc.
MINUTE ORDER NO.
APPROVING AMENDMENT #3 TO AGREEMENT #4372 WITH PAC
WEST LAND CARE, INC., DECREASING THE AGREEMENT BY
$80,024 FROM $970,489.70 PER YEAR TO $890,465.70 PER YEAR
THROUGH JUNE 30, 2003.
I HEREBY CERTIFY that this Minute Order,approving Amendment#3 to Agreement#4372
with Pac West Land Care, Inc.,decreasing the agreement by$80,024 from$970,489.70 per
yearto$890,465.70 per yearthrough June 30, 2003,was adopted by the City Council of the
City of Palm Springs, California, in a meeting thereof held on the 21"day of August, 2002.
BY: PATRICIA A. SANDERS
City Clerk
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