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HomeMy WebLinkAboutItem 03 Approval of Change Order No. 1 for South Blackwood Avenue Landscape Refresh Project with BrightView Landscape Services ocoee florid() AGENDA ITEM COVER SHEET Meeting Date: November 20, 2018 Item # 3 Reviewed By: Contact Name: Ginger Corless Department Director: �, . „r,► Contact Number: 1028 City Manager: W��� Subject: Approval of Change Order #1 for S. Blackwood Avenue Landscape Refresh Project with BrightView Landscape Services. Background Summary: On September 18, 2018, the City Commission approved the award of the S. Blackwood Avenue Refresh Project to BrightView Landscape Services, Inc. Since Commission approval on September 18th and prior to the issuance of the Purchase Order 1425719 on October 30, 2018, two Washingtonia Palms, located in the southern median of S. Blackwood Avenue, were struck by lightning and are in the process of dying. Based on an inspection of the dying palms by the City's Urban Designer and the CRA Administrator, as well as BrightView's horticulturalist, it was decided that the most cost effective measure is to remove the dying palms. The removal of the palms would cause a break in the planting rhythm, thus it was also determined to relocate the two palms currently located on the northern part of the southern median to the location where the palms died. Issue: The $2,586.50 required to remove and dispose of the dying palms and relocate two of the existing palms to the location where the palms were removed was not included in BrightView's Purchase Order 1425719, thus the request for Change Order#1 in the amount of$2,586.50, increasing the overall purchase order to $67,262.00. Recommendations Staff recommends the Honorable Mayor and City Commission approve Change Order #1 to the City's continuing landscape contractor, BrightView for an amount of $2,586.50, with the total of the overall contract not to exceed $67,262.00. Attachments: Change Order #1 and BrightView's Proposal, Option 2 which includes the removal and disposal of the two dying palms and replacing them with the relocated palms on the northern end of the southern median. Financial Impact: The additional $2,586.50 needed is adequately funded in the CRA's Capital Budget. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. 'V ?jj .. N.,_ kfh N/A Reviewed by () N/A 2 A ocoee florida CITY OF OCOEE 150 North Lakeshore Drive Ocoee, Florida 34761 *This Change Order Requires Action by the City Commission* S. BLACKWOOD AVENUE REFRESH PROJECT CHANGE ORDER NO. 1 DATE: November 8, 2018 PURCHASE ORDER: 1425719 The following changes are hereby made to the CONTRACT DOCUMENTS. Original CONTRACT PRICE $64,675.50 Current CONTRACT PRICE ADJUSTED by previous CHANGE ORDERS $64,675.50 Net Increase (Decrease) Resulting from this CHANGE ORDER $2,586.50 The current CONTRACT PRICE including this CHANGE ORDER $67,262.00 Original CONTRACT COMPLETION DATE: NA Current CONTRACT COMPLETION DATE adjusted by previous CHANGE ORDERS NA Net Increase Resulting from this CHANGE ORDER 0 days Current CONTRACT COMPLETION DATE including this CHANGE ORDER NA CHANGES ORDERED: I. REQUIRED CHANGES This Change Order will cause net increase of$2,586.50 to the project. II. JUSTIFICATION On September 18, 2018, the City Commission approved the award of the S. Blackwood Avenue Refresh Project to BrightView Landscape Services, Inc. Since Commission approval on September 18th and prior to the issuance of the Purchase Order 1425719 on October 30, 2018, two Washingtonia Palms, located in the southern median of S. Blackwood Avenue, were struck by lightning and are in the process of dying. Based on an inspection of the dying palms by the City's Urban Designer and the CRA Administrator, as well as BrightView's horticulturalist, it was decided that the most cost effective measure is to remove the dying palms. The removal of the palms would cause a break in the planting rhythm, thus it was also determined to relocate the two palms currently located on the northern part of the southern median to the location where the palms died. III. NARRATIVE OF NEGOTIATIONS Staff spoke with representatives of BrightView Landscape Services, Inc. and requested quotes. After receiving the quotes, it was determined it was the most cost-effective solution would be to remove the dying palms and replace with existing palms. IV. PAYMENT This increase is will be funded out of the CRA Capital Improvements line (GL 130-516-00-6302). V. APPROVAL AND CHANGE AUTHORIZATION The original project and funding allocation was established by issuance of a CITY purchase order, subject to the terms and conditions contained in the CITY's solicitation, Project Manual, Drawings, Specifications, and/or the CONTRACTOR's service and price proposal, which collectively form the terms of an agreement between the CITY and the CONTRACTOR for the performance of the Work. This proposed change to the agreement requires approval by the City Commission under the CITY's Purchasing Rules and Regulations and is consistent with any prior action by the City Commission to award the Work to the CONTRACTOR. It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original agreement other than matters expressly provided herein. CONTRACTOR acknowledges, by its execution and acceptance of this Change Order, that the adjustments in contract price and time shown hereon constitute full and complete S. Blackwood Avenue Refresh Project Change Order#1 compensation and satisfaction for all costs and modifications of performance time incurred by the CONTRACTOR as a result of this Change Order. No other claim for increased costs of performance or modifications of time will be granted by the CITY for the Work covered by this Change Order. The CONTRACTOR hereby waives and releases any further claims for cost or time against the CITY arising from or relating to the matters or Work set forth or contemplated by this Change Order. [Balance of this page was left blank intentionally] S. Blackwood Avenue Refresh Project Change Order#1 RECOMMENDED BY: ACCEPTED BY: CITY OF OCOEE, FLORIDA Icontractor name By: , 1 l.g l S�j By: '_nature Signature Date: I I V?) I Date: Title: C.,94\ 11 \Y Title: APPROVED BY: CITY OF OCOEE, FLORIDA By: Date: Rusty Johnson, Mayor Attest: Melanie Sibbitt, City Clerk FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE CITY OF OCOEE CITY OF OCOEE,APPROVED AS TO FORM COMMISSION IN A MEETING HELD ON AND LEGALITY THIS DAY OF , 20 UNDER , 20 AGENDA ITEM NO. By: City Attorney S. Blackwood Avenue Refresh Project Change Order#1 a) o d c c) L •r_ da c o m Co 2 -a0 = a) ma c = a co >, V a) � c CU as Et o O 0_ . ~ -a Z U 00 _ a> c ea c co •C y O O ca c c a— c c ea O o .0 N .0 I- C.) m � c 2 cu N c 7 .b d co Cl) rear co is Z' z cam. W W c°') OP Cti 'i Haa. E C CIJ ii V w RP C a) ig 0 C.) C a) 0 •O •` V 0 w a) a) a) It -O $l ON o 'C O .x O U Q) Z c bO E = vDU October 30,2018 BrightView Page 1 of 2 Landscape Services Proposal for Extra Work at City of Ocoee Property Name City of Ocoee Contact Peter Kisicki Property Address 150 N Lakeshore Dr To Ocoee City of Ocoee , FL 34761 Billing Address Attn: Accounts Payable 150 N Lakeshore Dr Ocoee , FL 34761-2258 Project Name Blackwood-Washingtonia Palm Replacement Project Description Remove and install 2 Washingtonia Palms 18'CT Scope of Work QTY UoM/Size Material/Description Total Option 1 -New installs $4,400.00 1.00 LUMP SUM Cut down and remove palm,leaving 4'for root ball extraction 12.00 HOUR Labor to remove 2 palm root balls 1.00 LOAD Dump Fee per Load 2.00 EACH Washingtonia Palm 18'CT-Installed 2.00 EACH Palm Batten Kit-3(2x4x8),3 Battens-Installed 2.00 EACH Rainbird 1400 bubbler replacement Installed-Pop-up Spray Head 1.00 LUMP SUM Freight/Boom Truck/Operator Option 2-Transplant Existing SIM 1.00 LUMP SUM Cut down and remove palm,leaving 4'for root ball extraction 12.00 HOUR Labor to remove 2 palm root balls 1.00 LOAD Dump Fee per Load 16.00 HOUR Labor to dig up existing,install in location of removed palms 2.00 EACH Palm Batten Kit-3(2x4x8),3 Battens-Installed 2.00 EACH Rainbird 1400 bubbler replacement Installed-Pop-up Spray Head 1.00 LUMP SUM Freight/Boom Truck!Operator Option 3-Booting of existing Palms $6,200.00 1.00 LUMP SUM Contractor to remove existing boots on 17 existing Washigntonia Palms from ground to approx. 15' For internal use only SO# 6774759 JOB# 460402899 Service Line 130 Total Price $13,186.50 THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services,Inc. 4777 Old\tinter Garden Road,Orlando.FL 32811 ph.(407)292-9600 fax(407)291-4966 October 30,2018 Page 2 of 2 TERMS & CONDITIONS 14. Cancellation: Notice of Cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for 1. The Contractor shall recognize and perform in accordance with written terms, a minimum travel charge of$150.00 and billed to Client/Owner. written specifications and drawings only, contained or referred to herein. All materials shall conform to bid specifications. The following sections shall apply where Contractor provides Customer with tree 2. Work Force: Contractor shall designate a qualified representative with care services: experience in landscape maintenance/construction upgrades or when applicable in tree management.The workforce shall be competent and qualified, 15. Tree&Stump Removal:Trees removed will be cut as close to the ground as and shall be legally authorized to work in the U.S. possible based on conditions to or next to the bottom of the tree trunk Additional charges will be levied for unseen hazards such as,but not limited to concrete 3. License and Permits:Contractor shall maintain a Landscape Contractor's brick filled trunks,metal rods,etc.If requested mechanical grinding of visible tree license, if required by State or local law, and will comply with all other license stump will be done to a defined width and depth below ground level at an and permit requirements of the City,State and Federal Governments, as well additional charge to the Client/Owner. Defined backfill and landscape material as all other requirements of law. may be specified Client/Owner shall be responsible for contacting Underground Service Alert to locate underground utility lines prior to start of work Contractor is 4. Taxes: Contractor agrees to pay all applicable taxes,including sales tax where not responsible damage done to underground utilities such as but not limited to, applicable on material supplied. cables,wires,pipes,and irrigation parts.Contractor will repair damaged irrigation lines at the Client/Owner's expense. 5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker's Compensation Insurance, and any 16. Waiver of Liability:Requests for crown thinning in excess of twenty-five percent other insurance required by law or Client/Owner,as specified in writing prior to (25%)or work not in accordance with ISA(international Society of Arboricultural) commencement of work If not specified, Contractor will furnish insurance with standards will require a signed waiver of liability. 31,000,000 limit of liability. Acceptance of this Contract 6. Liability: Contractor shall indemnify the Client/Owner and its agents and Contractor is authorized to perform the work stated on the face of this Contract. employees from and against any third party liabilities that arise out of Payment will be 100% due at time of billing. If payment has not been received by Contractor's work to the extent such liabilities are adjudicated to have been BrightView within fifteen(15)days after billing, BrightView shall be entitled to all costs caused by Contractor's negligence or willful misconduct. Contractor shall not of collection, induding reasonable attorneys' fees and it shall be relieved of any be liable for any damage that occurs from Acts of God are defined as those obligation to continue performance under this or any other Contract with Client/Owner. caused by windstorm, hail,fire,flood,earthquake, hurricane and freezing,etc. Interest at a per annum rate of 1.5%per month(18%per year), or the highest rate Under these circumstances, Contractor shall have the right to renegotiate the permitted by law,may be charged on unpaid balance 30 days after billing. terms and prices of this agreement within sixty(60)days.Any illegal trespass, claims and/or damages resulting from work requested that is not on property NOTICE:FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON owned by Client/Owner or not under Client/Owner management and control CONSTRUCTION JOBS,MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO shall be the sole responsibility of the ClienVOwner. YOUR PROPERTY 7. Subcontractors: Contractor reserves the right to hire qualified Customer subcontractors to perform specialized functions or work requiring specialized equipment. Urban Designer Signature nu. 8. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders,and will become an extra charge over and above the estimate. Peter Kisicki October 30,2018 Printed Name Deb 9. Access to Jobsite: Client/Owner shall provide all utilities to perform the work.Client/Owner shall furnish access to all parts of jobsite where Contractor BrightView Landscape Services,Inc."BrightView" is to perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes Enhancement Manager the site available for performance of the work. signature T ne 10. Invoicing:Client/Owner shall make payment to Contractor within fifteen(15) Matthew McDermott October 30,2018 days upon receipt of invoice. In the event the schedule for the completion of the work shall require more than thirty (30) days, a progress bill will be Pn tww Name Cate presented by month end and shall be paid within fifteen(15)days upon receipt of invoice. 11. Termination:This Work Order may be terminated by the either party with or Job#: 460402899 Proposed Price: $13,186.50 without cause,upon seven(7)work days advance written notice. Client/Owner will be required to pay for all materials purchased and work completed to the SO# 6774759 date of termination and reasonable charges incurred in demobilizing. 12. Assignment: The Owner/Client and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this Agreement. Neither the Owner/Client nor the Contractor shall assign or transfer any interest in this Agreement without the written consent of the other provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by,or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger,sale of all or substantially all of its assets or equity securities, consolidation, change of control or corporate reorganization. 13. Disclaimer This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means,at or about the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services ("Design Services") are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Owner. If the Client/Owner must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Client/Owner directly to the designer involved.