HomeMy WebLinkAboutItem No. 15 Amend. No. 1 Agrmnt Recycled Wood Products Mulch Mainten CW StreetscapesCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-123
Agenda Date: 4/23/2019 Status: PassedVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 15)
Amendment No. 1 to Agreement with Recycled Wood Products (RWP) for the Mulch
Maintenance of Citywide Streetscapes & LLMD
Authorize the City Manager to execute the Amendment in the additional contract amount of $28,000.00
bringing the total not to exceed contract amount to $113,632, in such final form as approved by the City
Attorney.
Page 1 City of Lake Elsinore Printed on 5/31/2023
REPORT TO CITY COUNCIL
To:Honorable Mayorand Members of the City Council
From:Grant Yates, City Manager
Prepared By: Catherine Eakins, Administrative Assistant
Date:April 23, 2019
Subject:Amendment No. 1 to theContract withRecycled Wood Products (RWP)for
theMulchMaintenanceof Citywide Streetscapes & LLMD
Recommendation
Approve and Authorize the City Manager to execute the Amendment No. 1 to the Agreement for
Contractor Services withRecycled Wood Products (RWP), in the additional contract amount of
$28,000bringing the total not to exceed contract amount to $113,632, in such final form as
approved by the City Attorney.
Background
On August 28, 2018 Recycled Wood Products wasawarded the contract for Citywide LLMD –
Landscape Mulch Maintenancein the amount of $89,600. RWP has gone on to supply and
install 3,200 cubic yards of mulch at various locations throughout the city that include parkways,
parking lots and slopesand streetscapes.
Discussion
The original estimated quantity was not enough to complete all streetscape areas,and an
additional 600cubic yards is neededto completethis project. Plus $7,000 has been added to
Amendment No. 1 to cover Sales Tax not included in the original agreement.
Fiscal Impact
The City has identified funding for this project in the FY18-19 Citywide LLMD –Landscape
Maintenance accounts.
Exhibits
A –Amendment No.1 Agreement
B –Original Agreement
C–Proposal
AMENDMENTNO. 1
TO AGREEMENTFOR CONTRACTORSERVICES
Recycled Wood Products (RWP)
Citywide LLMD –Landscape Mulch Maintenance
This Amendment No. 1to Agreement for ContractorServices (“Amendment No. 1”) is
made and entered into as ofApril 23, 2019by and between the City of Lake Elsinore,a
municipal corporation(“City), andRecycle Wood Products (RWP)(“Contractor”).
RECITALS
A.The City and Contractorhave entered into that certain Agreement for Contractor
Servicesdated as of August 28, 2018(the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B.The Original Agreement provided for compensation to Contractorin an amount
not to exceed Eight Nine Thousand Six Hundred dollars ($89,600) for Fiscal Year 2018/2019.
C.The term of the Original Agreement was for ten(10) months.
D.The parties now desire to increase the compensationfor such services as set
forth in this AmendmentNo 1.
NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth
herein, City and Contractoragree as follows:
1.Section 3, Compensation, of the Original Agreement is hereby amended to read
in its entirety as follows:
Compensation tobe paid to Contractorshall be in accordance with the
fees set forth in Contractor’sProposal (Exhibit A to the Original
Agreementand Exhibit C to Amendment No. 1).
In no event shall Contractor’stotal compensation related to Exhibit A to
the OriginalAgreement and Exhibit C to Amendment No. 1 exceed One
Hundred Thirteen Thousand Six Hundred Thirty Two dollars ($113,632)
for Fiscal Year 2018-2019without additional written authorization from
the City.
Notwithstanding any provision of Contractor’sProposal to the contrary,
out of pocket expenses set forth in Exhibit Aand Exhibit Bshall be
reimbursed at cost without an inflator or administrative charge. Payment
by City under this Agreement shall not be deemed a waiver of defects,
even if such defects were known to the City at the time of payment.
2.Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment No. 1to be
executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
Recycled Wood Products (RWP).
By: Hank Egigian
Its: Vice President
Date:
Attachments:Exhibit B –Original Agreement
EXHIBIT B
EXHIBIT B
ORIGINAL AGREEMENT
[ATTACHED]