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Home My WebLink AboutAGENDA REPORT 2012 1205 CCSA REG ITEM 10L ITEM 10.L. MOORPARK CITY COUNCILdt AGENDA REPORT TO: Honorable City Council FROM: Hugh R. Riley, Assistant City M;ana BY: Ky Spangler, Special Projects nsultan DATE: November 20, 2012 (CC Meeting of 1215112) SUBJECT: Consider Additional Funding for Landscape and Irrigation Changes and Amendment No. 3 to the Agreement with FYR Landscaping, Inc., dba Pierre Sprinkler and Landscape for the Ruben Castro Human Services Center BACKGROUND & DISCUSSION The Ruben Castro Human Services Center (RCHSC) is being constructed as a multiple- prime contract project with construction management provided by Barnhart Balfour- Beatty Construction (Balfour-Beatty). Bids were solicited from trades in September, 2010, opened on October 21, 2010, and bids were awarded by the Moorpark City Council on January 19, 2011. FYR Landscaping, Inc. dba Pierre Sprinkler and Landscape (Pierre) was selected as the lowest responsive and responsible bidder for the landscaping and irrigation bid package and a construction agreement was executed on March 30, 2011. Following bidding and contracting of the work, and a subsequent plan review promulgated by request for information from the contractor to Balfour-Beatty, the City requested changes to irrigation and planting specifications. Additionally, during the early course of construction, the City requested the contractor to perform a relocation of existing irrigation lines discovered during the construction of the emergency generator enclosure located in the Police Services Center parking lot. These changes totaled $11,298.45 and are reflected in Amendment Nos. 1 and 2 issued to the contractor. At the time the final landscaping inspection walk was conducted, the Parks and Landscape Manager requested various minor changes and additions to the landscaping installed by the contractor, including repairs of landscaping in the Spring Road median due to the Spring Road storm drain construction..The cost for the materials and labor 188 Honorable City Council December 5, 2012 Page 2 associated with the City-initiated changes totaled $3,468.00. A recap of the original contract and amendments issued to date is provided below: Original Contract $ 118,500.00 Amendment No. 1 $ 7,932.24 Amendment No. 2 $ 3,366.21 Current Agreement Amount $ 129,798.45 Amendment No. 3 Revised landscape material, labor & equipment $ 3,468.00 Revised Agreement Amount $ 133,266.45 Currently there is $551.55 in contingency available under Pierre's contract. The cost for the additions, revisions, and associated labor and materials is $3,468.00, which exceeds the available contingency by $2,916.45. Therefore staff is seeking the approval of this additional amount. FISCAL IMPACT The Fiscal Year 2012/2013 Capital Improvement budget for the Ruben Castro Human Services Center (Fund 5020) is $13,770,119. To date $12,017,801 has been expended with $1,488,816 left in encumbrances and $263,501 available project balance. Therefore, no additional funds need to be budgeted for the proposed work at this time. Sufficient funds exist in the budget to cover this work. STAFF RECOMMENDATION (ROLL CALL VOTE) Approve additional funding in the amount of $2,916.45 for landscape and irrigation changes and additions requested by the City of Moorpark for the Ruben Castro Human Services Center and authorize the City Manager to execute Amendment No. 3 in the amount of $3,468.00 to FYR Landscaping, Inc., subject to final language approval of the City Manager and City Attorney. Attachment 1: Amendment No. 3 to FYR Landscaping, Inc. 189 THIRD AMENDMENT TO AGREEMENT 2011-093 FOR BID PACKAGE #3 — LANDSCAPING AND IRRIGATION AT THE RUBEN CASTRO HUMAN SERVICES CENTER THIS THIRD AMENDMENT TO THE AGREEMENT FOR BID PACKAGE #3 — LANDSCAPING AND IRRIGATION ("Third Amendment"), is made and entered into this day of , 2012, ("the Effective Date") between the City of Moorpark, a municipal corporation, hereinafter referred to as "CITY", and FYR Landscaping, Inc., a California corporation, dba Pierre Sprinkler & Landscape, hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, on March 30, 2011, the CITY and the CONTRACTOR entered into an Agreement for landscaping and irrigation work for the Ruben Castro Human Services Center; and WHEREAS, on October 10, 2011, the CITY and the CONTRACTOR executed a First Agreement for landscaping and irrigation work at a cost not-to-exceed seven thousand nine hundred thirty-two dollars and twenty-four cent ($7,932.24) for the Ruben Castro Human Services Center; and WHEREAS, on October 29, 2012, the CITY and the CONTRACTOR executed a Second Agreement for landscaping and irrigation work at a cost not-to-exceed three thousand three hundred sixty-six dollars and twenty-one cents ($3,366.21) for the Ruben Castro Human Services Center; and WHEREAS, the CITY wishes to further amend the Agreement to include field landscape revisions requested by the City at a cost not-to-exceed three thousand four hundred sixty-eight dollars ($3,468.00) as described in the Change Order dated September 29, 2012, and incorporated herein as Exhibit G to the Agreement by this Third Amendment; and WHEREAS, this total dollar amount of $3,468.00 exceeds of the ten percent (10%) contingency amount approved with the original Agreement; and WHEREAS, on December 5, 2012, the City Council of the City of Moorpark approved additional funding for these landscaping and irrigation services. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto AMEND the aforesaid Agreement follows: Construction Agreement Page 1 of 2 Third Amendment Between City of Moorpark and FYR Landscaping, Inc. dba Pierre Sprinkler& Landscape 190 I. Section 2 of the Agreement is amended to include: CONTRACTOR'S Scope of Services is amended to include the labor and materials required to: • the addition of plants, shrubs, and delete or relocation of plant material and irrigation per the direction of the City's Parks and Landscape Manager and per Change Order Request 6 (3.04). The Scope of Services for the installation of the additions, changes, and deletions are described in the CONTRACTOR'S Change Order Request dated September 29, 2012, attached hereto and incorporated herein as Exhibit G to the Agreement by this Third Amendment. Il. Section 7 of the Agreement is amended to include: CITY hereby increases the not-to-exceed amount of $129,798.45 under this Agreement by $3,468.00 to $133,266.45. III. Remaining Provisions All other terms and conditions of the original Agreement shall remain in full force and effect. CITY OF MOORPARK FYR LANDSCAPING, INC. dba Pierre Sprinkler and Landscape By: By: Steven Kueny Joseph J. Lowden, Ill City Manager President ATTEST: Maureen Benson, City Clerk Exhibit G — Contractor's Change Order Request dated September 29, 2012 Construction Agreement Page 2 of 2 Third Amendment Between City of Moorpark and FYR Landscaping, Inc. dba Pierre Sprinkler& Landscape 191 EXHIBIT G (3.04) �prinkler & Landscape PSL Job#: 22241 To: Barnhart Balfour Beatty From: Mike Moses Attn: John Squillace Jr. Pages: 1 Email: irsquillace @barnhart-balfourbeatty.com Date: 09/29/12 Project: Ruben Castro Change Order Request #: 6 Subject: T&M work to relocate trees, adding shrubs, and relocate main line with proposed valves due to sidewalk adding. T&M work performed on 09/20/2012. See attached tickets. Description Qty Unit Unit Price Extended LABOR Labor on 09/2012012 40 Hrs 1 $ 55.00 $ 2,200.00 MATERIAL 1 Gal Rosmarinus o.'Huntington Blue' 60 EA $ 3.10 $ 185.96 Mulch 5 CY $ 33.71 $ 168.56 PVC pipe 1 LS $ 26.10 $ 26.10 PVC fittings 1 LS $ 10.88 $ 10.88 EQUIPMENT Crew Truck 1 Day $ 95.00 $ 95.00 Delivery Mulch 1 EA $ 285.00 $ 285.00 Subtotal $ 2,971.50 Sales Tax Incld 15% Markup $ 445.73 Bond $ 51.26 TOTAL $ 3,468.00 Respectfully Mike Moses Project Manager 612 South Myrtle Avenue,Suite 100, Monrovia, CA 91016 Phone: (626) 239-3927 Fax: (626)239-3941 www.pierresprinkler.com 19 2 (jPIERRE 612 South Myrtle Ave. Suite 100 Sprinkler & landscape Monrovia, CA 91016 www.pierresprinkler.com (626)239-3927 Office CHANGE ORDER WORK AGREEMENT (626)239-3941 Fax Project Name: ' f,vlre2 Job# 1 2 i Contractor: Date: f-?e7 L- Attention: Time Extension in Days: Description of Wa ",The intention of this document 4 any extra work in a timely manner. NAME HOURS NOTES EQUIPMENT USED(circle equipment used) BOBCAT COMPACTOR TRENCHER SKIPLOADER BACKHOE REACHLIFT DUMP TRUCK WATER TRAILER VEHICLE MISC. Irrigational Material Plant Material Mlsc,Items:. Pipe QTY Sod 314" 1 gat ..,_ Sq.'Ft. 1' 5 gal 11/4" 15 gal Mulch 1 1/2" 24"box C,Y.`s Other 36"box Valves _ Palm DG/Sand i Gravel Wire Groundcover Tons Pop-up head Sod Rotor head MISC. Misc. Misc. The undersigned Contractor approves the foregoing Change Order Work (COW)as to changes,if any, and the amount and terms specified on this document is non"negotiable for each Item andd,as to the'extension-Of time allowed, If any, for completion of the entire work on account of said(COW),,and agrees to stated 1erms on this document which supersedes any other contract documents,Contractor agrees to pay in full'any workincluded in the Change Order Work within 45 days of said work.It is understood that said(COW)shall be effective when said work"Is started and to be paid in full for any work that has been started and or completed. It is expressly understood that the value of such extra Work or changes,as determined by any of the aforementioned methods,expressly includes any and all of the Trade Contractor's costs and expenses,direct and indirect,resulting from additional time requirep require on the Projec ting from delay to the Project. Any costs,expenses,damages or time extensions Irf61 d re de d waived. Contractor: r Signature/Printed Name Title Date Pierre: Signature/Printed 144W Title P616C 9 3 1512 South Myrtle Ave. (tPIERRE , Suite 100 Sprinkicr & landscape Monrovia. CA 91016 www.pierresprinkler.com (626)239-3927 Office CHANGE ORDER WORK AGREEMENT (626)239-3941 Fax Project Name: 6i5-du Job Contractor: Date: —067'—l Attention: Time Extension in Days: Description of Work: 'r�4 ^LPJfi�L / "The Ci"' y y ' 010PL's anv extra work in a timely, manner. _ NAME :54196/C HOURS NOTES EQUIPMENT USED(circle equipment used) BOBCAT COMPACTOR TRENCHER SKIPLOADER BACKHOE REACHLIFT Ol1MP TRUCK WATER TRAILER VEHICLE MISC. Irrigational Material Plant Material Misc_Items: Pipe OTY Sod 314" °1 gal Sq.'Ft. 1" 5 gal 1114" 15 gal Mulch 11/2' 24"box C.Y's Other 3T box Valves Palm DG I Sand l Gravel f Wire Groundcover Tons Pop-up head Sod' Roter head Misc. Misc. Misc. The undersigned Contractor approves the foregoing Change Order Work (COW)as to changes,if any, and the amount and terrns specified on this document is non-negotiable for each Item and as to the,extension of time allowed,if any, for completion of the entire work on account of said(COW),and agrees to stated terms on this document which supersedes any other contract documents.Contractor agrees to pay in full any work Included in the Change Order Work within 45 days of said work.It is understood that said(COW)shall be effective when said works started and to be paid In full'for any work that has been started and or completed. It is expressly understood that the value of such extra Work or changes,as determined by any of the aforementioned methods;expressly includes any and sill of the Trade Contractor's costs and expenses,direct and indirect,resulting from additional time reOLIlred on the`Project:or resulting from delay to the Project. Any costs,expenses,damages or time extensions not Ines ded are deemed waived', Contract' Signature/Printed Name Title Date ,r �+ Pierre: urelP nte rid`N a Title Signat Date 94 Squillace, John Jr Nnnown From: Jeremy Laurentowski [JLaurentowski @ci.moorpark.ca.us] Sent: Friday, October 05, 2012 10:40 AM To: Squillace, John Jr; Allen Walter Cc: Kuykendall, Dennis Subject: RE: T&M COR#06 plant installation and irrigation modification I am fine with this. Thank you. From: Squillace, John Jr[mailto jrsquillace0balfourbeanus.com) Sent: Friday, October 05, 2012 10:33 AM To: Jeremy Laurentowski; Allen Walter Cc: Kuykendall, Dennis Subject: FW: T&M COR#06 plant installation and irrigation modification Jeremy, I wanted to send you a copy of Pierre's Change Order Request for the added plant and shrub material by the police station per your request for approval. Let me know if you should have any questions or concerns,otherwise Balfour Beatty will proceed with processing this into a Change Order to the City of Moorpark. Thank You, John Squillace Jr I Project Engineer,LEED Green Assoc.,CMIT,CISEC,QSP office:805.523.00151 mobile:805-607-3637 1 email:irsquillace @balfourbeattyus.com Balfour Beatty Construction 1 612 Spring Rd., Moorpark Ca 930211 www.balfourbeattyus.com Connect with us:Facebook I Twitter I YouTube I Linkedin Proud to be one of FORTUNE magazine's 100 Best Companies to Work For—three years in a row! From: Mike Moses jmailto:mikem(&gierresprinkler.com] Sent: Monday, October 01, 2012 9:32 AM To: Squillace,John Jr Subject: T&M COR#06 plant installation and irrigation modification John, Please find the attached COR for you review and approval. The tickets are also included for reference. Thanks, Mike Moses Project Manager Pierre Sprinkler and Landscape Cell(626)391-3945 612 S. Myrtle Ave., Ste.100, Monrovia,CA 91016 www.pierresprinkler.com �grE�eicrr E.:�nc��:�ap 1 195