Title
AUTHORIZATION TO MODIFY THE CONTRACT WITH
MOORE LANDSCAPES, INC. FOR
FLORAL GARDENS DISTRICT WIDE: DESIGN, INSTALL, MAINTAIN
SPECIFICATION NO. P-08033
Body
To the Honorable Board of Commissioners of the Chicago Park District:
I. Recommendation
Pursuant to contract P-08033, Section 21, Amendments, and Section 35, Entire Agreement, it is recommended that the General Superintendent and CEO or his designee approve a contract modification to authorize an increase in the amount not-to-exceed by an additional $1,500,000. This modification shall not be valid until it is in writing and signed by the Chicago Park District and Moore Landscapes, Inc.
II. Award Information
Company: Moore Landscapes, Inc.
1869 Techny Road
Northbrook, IL 60062
Company Type: Illinois Corporation
Majority Interest: Victor Moore 50%
Eric Moore 50%
Contract Type: Term Agreement
Modification Term: 180 days or until a new contract is in place, whichever comes first.
Contract Amount: On April 15, 2009, the Board approved a Not-to-Exceed amount for the initial two-year term of NTE $3,800,000, with funding for extension years subject to appropriation. This modification will increase the contract amount by an additional $1,500,000.
Scope of Services: The design, installation, and maintenance of floral gardens district wide.
Affirmative
Action Goals: The Minority- and Women-Owned Participation for this contract include: 25% Minority-Owned and 5% Women-Owned.
III. Budget and Financial Information
Budget Classification: Capital
Fiscal Year: 2014
Source of Funds: 034.8450.8450.627030.PK081.01.01.56403
IV. Procurement Information
On January 23, 2009, the Department of Purchasing publicly advertised a Request for Proposal ("RFP") for the design, installation, and maintenance of more than 80 floral garden sites, many of them in the most prominent and historically significant parks in the system. Like all Chicago Park District solicitations, this RFP permitted changes to the work or contract time as long as the modification is in writing and signed by both parties.
Moore Landscapes, Inc. was the recommended awardee and the Board of Commissioners ("Board") approved the award on April 15, 2009. The not-to-exceed ("NTE") amount of the contract award was $3,800,000 for the two-year initial term, which covered the design, installation, and maintenance for approximately 80 floral garden sites at locations throughout the Chicago Park District. The Director of Cultural and Natural Resources requested an extension of the contract beyond the exhaustion of the third and final option period to allow time for a new specification to be prepared and advertised and a contract awarded. Consequently, more funds must be added to the contract to increase the NTE amount to accommodate the addition of 180 calendar days to the contract's life.
The contract between the Chicago Park District and Moore Landscapes, Inc. contains language that permits modifications, substitutions, and amendments.
Chapter XI, Section E, 4 of the Code of the Chicago Park District ("Code") states that the Board has the power to approve all change orders and contract modifications that exceed $100,000.00. Therefore, pursuant to the Code, since this request exceeds $100,000 it is being submitted to the Board for its approval.
V. Explanation
The original contract award was based on the annual operating budget for the design, installation, and maintenance of enhanced landscaping (floral gardens) at high-profile and high-traffic park locations, with funding for extension years subject to appropriation. Additional time was not anticipated when the contract was awarded because it was not anticipated that the preparation of a new solicitation would require time beyond the exhaustion of the third and final extension option. The additional time to Moore Landscapes' contract will allow for continuity of service until a new specification is prepared and advertised, and a replacement contract is awarded.
The circumstances that necessitated the additional time and funding were not reasonably foreseeable at the time the contract with Moore Landscapes was executed, and are germane to the contract. Therefore, it is in the best interest of the CPD to modify the contract with Moore Landscapes in order to accommodate the additional money and time.
VI. General Conditions
1) Conflicts: The Agreement shall not be legally binding on the Chicago Park District if entered into in violation of the provisions of 50 ILCS 105, the Public Officer Prohibited Activities Act.
2) Ethics: The Chicago Park District's Ethics Code, Chapter III of the Code of the Chicago Park District, shall be incorporated into and made part of the agreement.
3) Contingent Liability: Any agreement lawfully entered into for a period of more than one year shall be executory only for the amounts for which the Park District may become liable in succeeding fiscal years pursuant to Section 17(i) of the Chicago Park District Act, 70 ILCS 1505/17(i). All agreements authorized herein shall contain a clause that any expenditure beyond the current fiscal year is subject to appropriation in the subsequent fiscal year budget.
4) Economic Disclosure Statement ("EDS"): Contractor has submitted a full and complete EDS.