HomeMy WebLinkAboutAGENDA REPORT 2018 1003 CCSA REG ITEM 10ECITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 10/3/2018
ACTION Approved staff
recommendation. Adopted
Reso No. 2018-3753
BY M.Benson
E. Consider Amendment No.1 to Agreement with The Adjul Corporation dba Lee
Construction Company for Additional Costs Related to the Detention Basin
Sediment Removal in Landscape Maintenance District 22 (Moorpark Highlands)
and Resolution Amending the Fiscal Year 2018/19 Budget to Fund the Additional
Costs.
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 10/03/2018 Regular Meeting
SUBJECT: Consider Amendment No. 1 to Agreement with The Adjul Corporation
dba Lee Construction Company for Additional Costs Related to the
Detention Basin Sediment Removal in Landscape Maintenance
District 22 (Moorpark Highlands) and Resolution Amending the
Fiscal Year 2018/19 Budget to Fund the Additional Costs
BACKGROUND & DISCUSSION
The Moorpark Highlands (Highlands) community was constructed with several Best
Management Practices (BMPs) to minimize and treat polluted urban runoff before it
enters creeks, streams and eventually the ocean. The BMPs constructed in the
Highlands are four debris basins, designed to capture trash and debris from the storm
drain system, as well as, two detention basins designed for flood control and water
quality treatment. Funding for the maintenance of these basins has been incorporated in
the operating budget for Landscape Maintenance District 22 (Moorpark Highlands). The
two detention basins for flood control and water quality treatment were in need of
sediment removal. On June 6, 2018, the City Council awarded an Agreement to The
Adjul Corporation dba Lee Construction Company (Lee Construction) to remove the
sediment in the basins.
After the required water quality testing was completed, work on the sediment removal
project began in August 2018. There are several items that came up during the project
that required use of the contingency monies. One of these items was the repair and
relocation of the stand pipe in the south basin. The contractor discovered that the
placement of the stand pipe was not constructed per the approved design plans. The
contractor will need to relocate the standpipe to the proper location to assist with
drainage, as the basin tends to hold water. This has resulted in an excessive amount of
standing water and vegetation in the basin. Another item involved the longer than
anticipated rental of the outlet pipe bypass drain plug which was needed to allow for the
basin to dry out properly so that the sediment could be removed. There was also extra
Item: 10.E.
84
Honorable City Council
10/03/2018 Regular Meeting
Page 2
cost for additional material the contractor removed that exceeded the quantity estimated
in the bid. The basins were surveyed prior to the start of work to determine the amount
of sediment that needed to be removed. However, the survey did not account for the
excessive amount of vegetation.
Staff is requesting to amend the Contractors agreement to add additional contingency
funding for two additional items that exceed the available contingency. Due to the water
drainage issues, the Contractor had to hire a company to send a camera down the drain
pipes to look for clogs in the system, which they found and removed. Additional costs
were also incurred due to the excessive amount of vegetation in the north basin that
had to be removed.
FISCAL IMPACT
The total cost of these two additional items is $46,357. The base contract amount with
Lee Construction was $153,395. The Amendment to the contract with Lee Construction
will increase the contingency amount from $23,009 to $69,366. This will increase the
current total contract amount (including contingency) from $176,404 to $222,761.
Staff is requesting a budget amendment from Moorpark Highlands Fund (2322) in the
amount of $46,357 to fully fund the contingency.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve Amendment No. 1 to Agreement with The Adjul Corporation dba Lee
Construction Company increasing the total contract amount to $222,761, and authorize
the City Manager to sign the Amendment, subject to final language approval of the City
Manager; and
2. Adopt Resolution No. 2018-_____ amending the Fiscal Year 2018/19 Budget to
fund the additional contingency.
Attachments:
1 – Amendment No. 1
2 – Resolution No. 2018-_____
85
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
THE ADJUL CORPORATION DBA LEE CONSTRUCTION COMPANY, FOR
DETENTION BASIN SEDIMENT REMOVAL LANDSCAPE MAINTENANCE
DISTRICT 22 (MOORPARK HIGHLANDS)
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and The Adjul Corporation dba Lee Construction
Company, a corporation (“Contractor”), for detention basin sediment removal services
(“Agreement”), is made and entered into on this ___ day of ____________________,
2018.
RECITALS
WHEREAS, on June 18, 2018 the City and Contractor entered into an
Agreement to have the Contractor provide detention basin sediment removal services;
and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor from one
hundred seventy-six thousand four hundred four dollars ($176,404.00) by a value of
forty-six thousand three hundred fifty-seven dollars ($46,357.00) for a total contract
value of two hundred twenty-two thousand seven hundred sixty-one dollars
($222,761.00), and document said agreement to amend by jointly approving
Amendment No. 1 to the Agreement.
NOW , THEREFORE, it is mutually agreed by and between the parties to the
Agreement as follows:
I. Section 2, SCOPE OF SERVICES, is amended by replacing the first three
paragraphs in their entirety as follows:
“City does hereby retain Contractor, as an independent contractor,
in a contractual capacity to provide detention basin sediment removal
services, as set forth in Exhibit C: Contractor’s Bid Proposal, Exhibit D:
Informal Bid Proposal Documents, and Exhibit E. In the event there is a
conflict between the provisions of Exhibits C, D, E and this Agreement, the
language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in
Exhibits C, D and E. Contractor shall complete the tasks according to the
schedule of performance, which is also set forth in Exhibit C.
Compensation for the services to be performed by Contractor shall
be in accordance with Exhibits C and E. Compensation shall not exceed
the rates or total contract value of one hundred fifty-three thousand three
hundred ninety-five dollars ($153,395.00) as stated in Exhibit C plus a
contingency of sixty-nine thousand three hundred sixty-six dollars
($69,366.00), for a total contract amount of two hundred twenty-two
86
thousand seven hundred sixty-one dollars ($222,761.00), without a written
amendment to the Agreement executed by both parties. Payment by City
to Contractor shall be in accordance with the provisions of this
Agreement.”
II. Section 5, PAYMENT, is amended by replacing the second paragraph in its
entirety as follows:
“The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit C
and Exhibit E, based upon actual time spent on the above tasks. This amount
shall not exceed one hundred fifty-three thousand three hundred ninety-five
dollars ($153,395.00) plus a contingency of sixty-nine thousand three hundred
sixty-six dollars ($69,366.00), for a total contract amount of two hundred twenty-
two thousand seven hundred sixty-one dollars ($222,761.00) for the total term of
the Agreement unless additional payment is approved as provided in this
Agreement.”
III. Remaining Provisions:
Except as revised by this Amendment No. 1, all of the provisions of the
Agreement shall remain in full force and effect.
In W itness W hereof, the parties hereto have caused this Amendment to be
executed the day and year first above written.
CITY OF MOORPARK THE ADJUL CORPORATION dba
LEE CONSTRUCTION COMPANY
_______________________________ _______________________________
Troy Brown
City Manager
Richard L. Smith
President
Attest:
_______________________________
Maureen Benson, City Clerk
Amendment No. 1 to Agreement between City of Moorpark and Page 2
The Adjul Corporation dba Lee Construction Company
87
GENERAL ENGINEERING CONTRAGTOR
9t5t18
City of Moorpark
Park, Recrecation and Community Services Department
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Jessica Sandifer
Project: Detention Sediment Removal Project
CHANGE ORDER REQUEST NO. 1
Extra Work to Clean and Pre-video 18" RCP Storm Pipe on Low Flow Pipe from the Outlet to
the Riser.
Pipe Tec lnc.
Markup
Markup Bond
Total
$ 6,620.00
$ 662.00
$ 66.20
$ 7,348.20
4288 Adam Road, Simi Valley, CA 93063 I 805.522.5195 | FAX 805.522.5495
Email: leeconstco.com lCA. LlC. NO. 726736 88
GENERAL ENGINEERING GONTRACTOR
9t10118
City of Moorpark
Park, Recrecation and Community Services Department
799 Moorpark Avenue
Moorpark, CA 93021
Attn: Jessica Sandifer
Project: Detention Sediment Removal Proiect
Difference in bid quanities for sediment removal North Basin Cubic Yards
Bid Quantity - 278 CY Actual Quanities 490 CY
Sediment Removal North Basin
Total
212cy $ 184.00 $39'008.00
$ 39,008.00
4288 Adam Road, SimiValley, cA 93063 | 805.522.5195 | FAX 805.522.5495
Email: leeconstco'com lCA. LlC. NO.726736
I
89
RESOLUTION NO. 2018-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2018/19 BUDGET BY APPROPRIATING $46,357.00 FROM
MOORPARK HIGHLANDS FUND (2322) FOR ADDITIONAL
WORK RELATED TO THE DETENTION BASIN SEDIMENT
REMOVAL PROJECT
WHEREAS, on June 20, 2018 the City Council adopted the Operating and
Capital Improvement Projects budget for Fiscal Year (FY) 2018/19 which includes an
appropriation of $314,462.00 in the Moorpark Highlands Fund (2322) for property
maintenance services; and
WHEREAS, on September 5, 2018 City Council adopted Resolution No. 2018-
3738 amending the FY 2018/19 budget appropriations by $1,015,582.16 for FY 2017/18
purchase order carry over process. Fund 2322 property maintenance expenditure line
was increased by $176,404.00 for the continuing encumbrance to complete the
detention basin sediment removal project; and
WHEREAS, on September 19, 2018, City Council adopted Resolution No. 2018-
3749 amending the FY 2018/19 budget appropriations by $25,385 for trail maintenance
in the Moorpark Highlands; and
WHEREAS, a staff report has been presented to the City Council recommending
approval of an Amendment to the contract for the detention basin sediment removal
project in the amount of $46,357.00 for a revised total project cost of $222,761.00 and a
budget amendment of $46,357.00 is requested from Fund 2322 to fully fund the
additional costs; and
WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the amount of $46,357.00 from Moorpark
Highlands Fund (2322) as more particularly described in Exhibit “A”, attached hereto, is
hereby approved.
90
Resolution No. 2018-_____
Page 2
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 3rd day of October, 2018.
_____________________________
Janice S. Parvin, Mayor
ATTEST:
________________________________ ___
Maureen Benson, City Clerk
Exhibit A – Budget Amendment
91
Resolution No. 2018-_____
Page 3
FUND BALANCE ALLOCATION:
Fund-Account Number Amount
2322-000-00000-33990 46,357.00$
Total 46,357.00$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2322-542-P0004-53000 516,251.00$ 46,357.00$ 562,608.00$
-$ -$ -$
-$ -$ -$
Total 516,251.00$ 46,357.00$ 562,608.00$
Fund Title
Moorpark Highlands
EXHIBIT A
BUDGET AMENDMENT FOR
MOORPARK HIGHLANDS FUND (2322) FOR
ADDITIONAL COSTS RELATED TO THE DETENTION BASIN
SEDIMENT REMOVAL PROJECT
FY 2018/19
92