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2023-24 PWLC II, Inc Change Order 6 - L&L AD 89-1 Lands Maint Project 2018-30MEMORANDUM ta Qa�&a ( U.11:0KNIA DATE: June 7, 2023 TO: Jon McMillen, City Manager FROM: Dianne Hansen, Management Analyst RE: PWLC II, Inc. - Change Order No. 6 - Citywide Landscape Maintenance Services, Landscape & Lighting District 89-1 - Project 2018-30 Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: Approved by City Council on June 6, 2023 F-1_ City Manager's signing authority provided under the City's Purchasing Police [Resolution No. 2019-021] for budget expenditures of $50,000 or less. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): ❑_ Bid F✓ . RFP F-1 RFQ El_ 3 written informal bids QSole Source E Select Source El Cooperative Procurement Reauestina department shall check and attach the items below as auurouriate: �✓ _ Agreement payment will be charged to Account No.: 215-7004-60189; 101-2000 ❑✓u Agreement term: Start Date 07/01/2023 End Date 06/30/2024 1r L Amount of Agreement, Amendment, Change Order, etc.: $771,482 REMINDER; Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! ❑✓ MM Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Laurie McGinley Date: 6/6/2023 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) NOTE; Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) �✓ _ Business License No. 0103876 Expires: 4/30/2024 �_ Requisition for a Purchase Order has been prepared (Agreements over $5,000) ATTACHMENT 1 ta GEM ofthe DESERT — — Sheet 1 of 1 AGREEMENT: CITYWIDE LANDSCAPE MAINTENTANCE SERVICES, LANDSCAPE & LIGHTING DISTRICT 89-1 PROJECT NO. 2018-30 CONTRACTOR: PWLC II, INC. CHANGE ORDER NO. 6 Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. DESCRIPTION OF CHANGE 1. As provided on Section 1240 — Contract sum is amended as follows: the total contract amount of $721,010 is increased to $771,481 which includes a 7% contract increase of $50,471. 2. As provided in Section 2000, 2.0, contract terms; the City and Contractor agree to extend the term of the contract for the fourth and final one-year extension, commencing on July 1, 2023, through June 30, 2024. Previous Agreement Amount Through Change Order No. 5 $ 721,010 Add This Change Order $ 50,471 Revised Agreement Total $ 771,481 By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: 07/01/2023 ■ i i i i i i i i i i i i i i i i i i s i i i i i i i i i i i i i i i i i i i i i i i i i i i i i���� i i a i i r i i i r r r i r i r r i i i i i i i i s i i i i i i i i i i i■ Submitted By. �'r� Date: 06/07/2023 Approved By: Jon McMillen, Manager Date: (o/0/7-021 We, the unsigned Contractor, have gfven careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform at/ labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses 6�buy-ds3 ays. Accepted By: /!� Title: President Print Name: Paul Rastfiussen Print Company: PWLC Il, INC CONSENT CALENDAR ITEM NO. 14 City of La Quinta CITY COUNCIL MEETING: June 6, 2023 STAFF REPORT AGENDA TITLE: APPROVE CHANGE ORDER NO. 6 TO CONTRACT WITH PWLC II, INC. FOR CITYWIDE LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2018-30 FOR A ONE-YEAR TERM EXTENSION AND RELATED COMPENSATION RECOMMENDATION Approve Contract Change Order No. 6 with PWLC II, Inc. for a one-year term extension through June 30, 2024, and a 7% increase in compensation, in an amount not to exceed $771,481 for fiscal year 2023/24, to provide Citywide Landscape Maintenance Services Project No. 2018-30; and authorize the City Manager to execute the change order. EXECUTIVE SUMMARY • The City contracts landscape maintenance services for all public medians, parkways and retention areas throughout the City. • PWLC II, Inc. has provided citywide landscape maintenance services for the Landscape and Lighting Assessment District 89-1 (L&L) since 2019, following a request for qualifications and proposal. • Change Order No. 6 (Attachment 1) requests the final one-year term extension, a 7% increase in compensation for a total contract amount of $771,481 for fiscal year 2023/24. FISCAL IMPACT The total contract cost for fiscal year 2023/24 would be $771,481, which includes a 7% increase of $50,471 to the compensation amount. The annual cost is allocated between L&L (215-7004-60112) and Fire Station funds (101-2002-60112). These costs are currently included within fiscal year 2023/24 proposed operating budget. FY Terms Change Order FY Total Compensation Initial Contract 2019/20 $ 687,059 $ 687,059 Change Order No 1: 2019/20 $ 4 $ 687,055 Change Order No 2: 2020/21 $ 90,723 $ 596,342 Change Order No 3: 2020/21 $ 14,094 $ 610,436 Change Order No 4: 2021/22 $ 62,120 $ 672,556 Change Order No 5: 2022/23 $ 48,454 $ 721,010 Change Order No 6 2023/24 $ 50,471 $ 771,481 163 The L&L operates in a deficit and is annually subsidized by the General Fund. The current subsidy projected for the 2023/24 budget is $1,478,160. BACKGROUND/ANALYSIS The L&L provides landscape and lighting maintenance services citywide. This includes all public medians, parkways, and retention areas. These services are necessary for roadway safety, water retention, and visual aesthetics. On April 11, 2019, a request for qualifications and proposal was advertised to provide citywide landscape maintenance services for the L&L; four proposals were received; and the contract was awarded to PWLC 11, Inc. on May 21, 2019, based on their experience and qualifications. In February 2020, the City executed Change Order No. 1 to include additional maintenance areas, and removal of areas. In June 2020, the City executed Change Order No. 2 for a one-year term extension for the 2020/21 fiscal year, and a 15% compensation decrease due to the COVID-19 pandemic. In December 2020, the City executed Change Order No. 3 which included additional maintenance areas. In May 2021, the City executed Change Order No. 4 for a one-year term extension for the 2021/22 fiscal year, a 5% increase in compensation and additional service areas. In June 2022, the City executed Change Order No. 5 for a one-year term extension, a 7% increase in compensation and additional service areas. Change Order No. 6 proposes the fourth and final one-year term extension for the 2023/24 fiscal year, which includes a 7% increase in compensation of $50,471 due to increased labor, materials, and fuel costs. If proposed Change Order No 6 is approved, the total not to exceed contract amount would be $771,481. Based on the contractor's performance and response time to correct issues, staff recommends Council approval of Change Order No. 6. ALTERNATIVES Direct staff to prepare new bid documents and specifications to advertise the Citywide Landscape Maintenance Service Contract for 2023/24. Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Contract Change Order No.6 164