HomeMy WebLinkAboutAGENDA REPORT 2018 1107 REG CCSA ITEM 10HCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of November 7, 2018
ACTION Approved staff
recommendation. Adopted
Reso No. 2018-3765
BY M. Benson
H. Consider Amendment No. 1 to Agreement with Venco Western, Inc. for
Additional Costs Related to Landscape Maintenance Services for Landscape
Maintenance District Citywide Zones, Zones of Benefit 1 -11, 14, 16, 18, and 21,
and Miscellaneous City Properties and Amendment No. 1 to Agreement with
Venco Western, Inc. for Additional Costs Related to Landscape Maintenance
Services - Parks and Resolution Amending the Fiscal Year 2018/19 Budget to
Fund Deficiency Costs. Staff Recommendation: 1) Approve Amendment No. 1
to Agreement with Venco Western, Inc. for Landscape Maintenance Services for
LMD Citywide Zones, Zones of Benefit 1-11, 14, 16, 18 and 21, and
Miscellaneous City Properties, increasing the contingency amount by $30,222.08
for a total contract value of $319,378.68, and authorize the City Manager to si gn
the Amendment, subject to final language approval of the City Manager; 2)
Approve Amendment No. 1 to Agreement with Venco Western, Inc. for
Landscape Maintenance Services – Parks, increasing the contingency amount
by $33,114.53, for a total contract value of $480,341.23, and authorize the City
Manager to sign the Amendment, subject to final language approval of the City
Manager; and 3) Adopt Resolution No. 2018-3765 amending the Fiscal Year
2018/19 Budget to fund the cost of deficiencies in the Citywide Zones, LMD Zone
3, LMD Zone 6, and LMD Zone 16. ROLL CALL VOTE REQUIRED
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Management Analyst
DATE: 11/07/2018 Regular Meeting
SUBJECT: Consider Amendment No. 1 to Agreement with Venco Western, Inc.
for Additional Costs Related to Landscape Maintenance Services for
Landscape Maintenance District Citywide Zones, Zones of Benefit 1-
11, 14, 16, 18, and 21, and Miscellaneous City Properties and
Amendment No. 1 to Agreement with Venco Western, Inc. for
Additional Costs Related to Landscape Maintenance Services - Parks
and Resolution Amending the Fiscal Year 2018/19 Budget to Fund
Deficiency Costs
BACKGROUND & DISCUSSION
On August 1, 2018, the City Council authorized termination of the Agreements with Stay
Green, Inc. (Stay Green) for Landscape Maintenance Services. The City Council then
awarded agreements to Venco Western, Inc. (Venco) for Landscape Maintenance
Services in the Parks, City-wide Landscape Maintenance Districts (LMDs) and Districts
1-11, 14, 16, 18, and 21; and to Oakridge Landscape, Inc. (Oakridge) for Landscape
Maintenance Services in Moorpark Highlands Landscape Maintenance District 22 (LMD
22). Both Venco and Oakridge were the second low bidders from the 2017 formal
bidding for Landscape Maintenance Services. Stay Green’s last day of service under
the terminated Agreements was Friday, August 10th. Venco and Oakridge began
regular landscape maintenance services on September 4, 2018.
Prior to the termination of the Agreements with Stay Green, staff completed several
punch lists of corrective items related to the maintenance of the landscaping in the
parks and LMD’s. Following the termination of the Agreements, these corrective items
were not completed by Stay Green, resulting in damages to the City. The remaining
items included the replacement of plants due to irrigation deficiencies, the installation of
mulch that was not completed and general cleanup of several areas due to the
maintenance deficiencies, primarily along Tierra Rejada Road. Staff has been working
with Venco to correct these deficiencies. The total cost of these landscaping
deficiencies is $63,336.61. These costs have been distributed between the two Venco
Agreements, with $30,222.08 charged to contingency funds in the contract for City-wide
LMDs, and $33,114.53 charged to contingency funds in the contract for Parks services.
Item: 10.H.
557
Honorable City Council
11/07/2018 Regular Meeting
Page 2
As a result, the contingency funding available to pay for miscellaneous one-time
services under these contracts has been significantly depleted, with only $3,542 now
available in the Parks contract and $4,088 available in the Citywide LMD/District 1-11,
14, 16, 18, and 21 contract. However, as these costs were directly related to Stay
Green’s maintenance deficiencies, staff will recoup these costs from Stay Green.
FISCAL IMPACT
As mentioned earlier, the total cost for remediation of the landscape deficiencies was
distributed across the two Venco agreements, with $30,222.08 allocated to the Citywide
LMD/District 1-11, 14, 16, 18, and 21 contract, and $33,114.53 allocated to the Parks
contract. Staff is requesting that each of these Venco contracts be amended to
increase the contingency amounts for the current period by an amount equal to the
corresponding landscape deficiency cost. For the Citywide LMD/Districts 1-11, 14, 16,
18, and 21 contract, this results in an increase in the contract value for the initial 10-
month period of $30,222.08, from $289,156.60 to $319,378.68 (Attachment 1). For the
Parks landscape maintenance contract, this results in an increase in the contract value
for the initial period of $33,114.53, from $447,226.70 to $480,341.23 (Attachment 2).
It is anticipated that the budgeted landscape maintenance service costs for July and
August will be used to offset the landscape maintenance deficiency costs, however, in
several zones the costs exceed the budgeted amounts. For example, the total cost of
the deficiencies in the Citywide Zones (2300) is $32,298.45, while the budgeted amount
for service in the Citywide Zones during July and August is only $6,078. As a result, a
budget amendment in the amount of $26,220.45 is required to fund the deficiency costs
in the Citywide Zones. Similarly, the cost of deficiencies in LMD Zone 3 (2303) totals
$6,155.04, while the budgeted amount is $66.00, resulting in the need for a budget
amendment in the amount of $6,089.04 to fund the deficiency costs. In LMD Zone 6
(2306) the cost of deficiencies is $630, while the budgeted amount is $22, requiring a
budget amendment in the amount of $608 to fund the deficiency costs. The Citywide
Zones, LMD Zone 3 and LMD Zone 6, typically require funding from the General Fund
(1000) for landscape operations, thus an aggregate appropriation from the General
Fund in the amount of $32,917.49 is requested to fund these deficiency costs.
In LMD Zone 16 (2316) the cost of deficiencies is $314.29, while the budgeted amount
is $262.00, requiring a budget amendment in the amount of $52.29 to fully fund the
deficiency costs. LMD Zone 16, however, generally has fund balance available to fund
landscape operations and would not require an appropriation from the General Fund.
A complete listing of the deficiency costs, and the amount budgeted for landscape
maintenance work in July and August that is available to offset those costs is listed in
the table below:
558
Honorable City Council
11/07/2018 Regular Meeting
Page 3
Area Account
Deficiency
Cost
July/August
Budget
Surplus /
(Shortfall)
Citywide Zones 2300-542-P0004-53000 32,298.45$ 6,078.00$ (26,220.45)$
LMD Zone 3 2303-542-P0004-53000 6,155.04$ 66.00$ (6,089.04)$
LMD Zone 5 2305-542-P0004-53000 860.72$ 2,874.00$ 2,013.28$
LMD Zone 6 2306-542-P0004-53000 630.00$ 22.00$ (608.00)$
LMD Zone 10 2310-542-P0004-53000 8,302.80$ 11,108.00$ 2,805.20$
LMD Zone 16 2316-542-P0004-53000 314.29$ 262.00$ (52.29)$
LMD Zone 22 2322-542-P0004-53000 6,632.58$ 30,035.24$ 23,402.66$
Arroyo Vista Com. Park 2390-541-R0030-53000 5,879.32$ 23,290.00$ 17,410.68$
Mammoth Highlands Pa2390-541-R0170-53000 1,163.36$ 2,430.00$ 1,266.64$
Country Trl Park 2390-541-R0120-53000 628.60$ 3,490.00$ 2,861.40$
Campus Park 2390-541-R0050-53000 471.45$ 3,490.00$ 3,018.55$
Total:63,336.61$ 83,145.24$ 19,808.63$
Staff is requesting a total increase in appropriations in the amount of $32,969.78 to
cover deficiency costs, which includes $32,917.49 from the General Fund (1000) for the
Citywide Zones, and $52.29 from LMD Zone 16 (2316).
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Approve Amendment No. 1 to Agreement with Venco Western, Inc. for
Landscape Maintenance Services for LMD Citywide Zones, Zones of Benefit 1-11, 14,
16, 18 and 21, and Miscellaneous City Properties, increasing the contingency amount
by $30,222.08 for a total contract value of $319,378.68, and authorize the City Manager
to sign the Amendment, subject to final language approval of the City Manager; and
2. Approve Amendment No. 1 to Agreement with Venco Western, Inc. for
Landscape Maintenance Services – Parks, increasing the contingency amount by
$33,114.53, for a total contract value of $480,341.23, and authorize the City Manager to
sign the Amendment, subject to final language approval of the City Manager; and
3. Adopt Resolution No. 2018-____ amending the Fiscal Year 2018/19 Budget to
fund the cost of deficiencies in the Citywide Zones, LMD Zone 3, LMD Zone 6, and LMD
Zone 16.
Attachments:
1. Amendment No. 1 to Agreement with Venco Western, Inc. for Landscape
Maintenance Services for LMD Citywide Zones, Zones of Benefit 1-11, 14, 16, 18
and 21, and Miscellaneous City Properties
2. Amendment No. 1 to Agreement with Venco Western, Inc. for Landscape
Maintenance Services – Parks
3. Resolution No. 2018-_____
559
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, INC., FOR LANDSCAPE MAINTENANCE SERVICES FOR
LANDSCAPE MAINTENANCE DISTRICT CITYWIDE ZONES,
ZONES OF BENEFIT 1-11, 14, 16, 18, AND 21, AND MISCELLANEOUS CITY
PROPERTIES
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Venco Western, Inc., a corporation (“Contractor”), for
landscape maintenance services for Landscape Maintenance District (LMD) Citywide
Zones, Zones of Benefit 1-11, 14, 16, 18, 21, and miscellaneous City properties, plus
additional repair and installation services as needed related to various LMDs and
miscellaneous City properties (“Agreement”), is made and entered into on this ____ day
of ____________________, 2018.
RECITALS
WHEREAS, on August 21, 2018 the City and Contractor entered into an
Agreement to have the Contractor provide landscape maintenance services for
Landscape Maintenance District (LMD) Citywide Zones, Zones of Benefit 1-11, 14, 16,
18, 21, and miscellaneous City properties, plus additional repair and installation
services as needed related to various LMDs and miscellaneous City properties; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor during the first
ten months of the Agreement from two hundred eighty-nine thousand one hundred fifty-
six dollars and sixty cents ($289,156.60), by a value of thirty thousand two hundred
twenty-two dollars and eight cents ($30,222.08), for a contract value of three hundred
nineteen thousand three hundred seventy-eight dollars and sixty-eight cents
($319,378.68), 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 second
paragraph in its entirety as follows:
“Contractor shall perform the tasks described and set forth in
Exhibit C and Exhibit D. Compensation for the services to be performed
by Contractor shall be in accordance with Exhibit C. Compensation shall
not exceed the rates or contract value of three hundred nineteen thousand
three hundred seventy-eight dollars and sixty-eight cents ($319,378.68),
which includes a contingency of sixty-seven thousand two hundred
twenty-two dollars and eight cents ($67,222.08), for the first ten months of
the Agreement, without a written amendment to the Agreement executed
by both parties. During subsequent extended terms compensation shall
not exceed the rates or contract value of three hundred forty-seven
thousand five hundred eighty-seven dollars and ninety-two cents
Attachment 1
560
($347,587.92) annually, which includes an annual contingency in the
amount of forty-five thousand dollars ($45,000), 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, based upon actual time spent on the above tasks. This amount
shall not exceed three hundred nineteen thousand three hundred seventy-
eight dollars and sixty-eight cents ($319,378.68), which includes a
contingency of sixty-seven thousand two hundred twenty-two dollars and
eight cents ($67,222.08), for the first ten months of the Agreement.
During subsequent extended terms compensation shall not exceed the
rates or contract value of three hundred forty-seven thousand five hundred
eighty-seven dollars and ninety-two cents ($347,587.92) annually, which
includes an annual contingency in the amount of forty-five thousand
dollars ($45,000), 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 VENCO WESTERN, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Linda Burr
President
Attest:
_______________________________
Maureen Benson, City Clerk
Amendment No. 1 to Agreement between City of Moorpark and Page 2
Venco Western, Inc.
561
AMENDMENT NO. 1
TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND
VENCO WESTERN, INC., FOR LANDSCAPE MAINTENANCE SERVICES - PARKS
This Amendment No. 1 to the Agreement between the City of Moorpark, a
municipal corporation (“City”), and Venco Western, Inc., a corporation (“Contractor”), for
landscape maintenance services, plus additional repair and installation services related
to City Parks and miscellaneous City properties (“Agreement”), is made and entered
into on this ____ day of ____________________, 2018.
RECITALS
WHEREAS, on August 14, 2018 the City and Contractor entered into an
Agreement to have the Contractor provide landscape maintenance services, plus
additional repair and installation services relate dot City Parks and miscellaneous City
properties; and
WHEREAS, the City and Contractor now desire to amend the Agreement to
increase the compensation for services to be performed by Contractor during the initial
term ending June 30, 2019 from four hundred forty-seven thousand two hundred
twenty-six dollars and seventy cents ($447,226.70), by a value of thirty-three thousand
one hundred fourteen dollars and fifty-three cents ($33,114.53), for a contract value of
four hundred eighty thousand three hundred forty-one dollars and twenty-three cents
($480,341.23), 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 second
paragraph in its entirety as follows:
“Contractor shall perform the tasks described and set forth in
Exhibit C and Exhibit D. Compensation for the services to be performed
by Contractor shall be in accordance with Exhibit C. Compensation shall
not exceed the rates or contract value of four hundred eighty thousand
three hundred forty-one dollars and twenty-three cents ($480,341.23),
which includes a contingency of ninety-one thousand one hundred
fourteen dollars and fifty-three cents ($91,114.53), for the initial term
ending June 30, 2019, without a written amendment to the Agreement
executed by both parties. During subsequent extended terms
compensation shall not exceed the rates or contract value of five hundred
thirty-seven thousand seventy-two dollars and four cents ($537,072.04)
annually, which includes an annual contingency in the amount of seventy
thousand dollars ($70,000), 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.”
Attachment 2
562
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, based upon actual time spent on the above tasks. This amount
shall not exceed four hundred eighty thousand three hundred forty-one
dollars and twenty-three cents ($480,341.23), which includes a
contingency of ninety-one thousand one hundred fourteen dollars and fifty-
three cents ($91,114.53), for the initial term ending June 30, 2019. During
subsequent extended terms compensation shall not exceed the rates or
contract value of five hundred thirty-seven thousand seventy-two dollars
and four cents ($537,072.04) annually, which includes an annual
contingency in the amount of seventy thousand dollars ($70,000), 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 VENCO WESTERN, INC.
_______________________________ _______________________________
Troy Brown
City Manager
Linda Burr
President
Attest:
_______________________________
Maureen Benson, City Clerk
Amendment No. 1 to Agreement between City of Moorpark and Page 2
Venco Western, Inc.
563
Attachment 3
RESOLUTION NO. 2018-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2018/19 BUDGET TO APPROPRIATE $32,969.78 FROM
VARIOUS FUNDS TO FULLY FUND LANDSCAPE
MAINTENANCE DEFICIENCY COSTS IN THE CITY-WIDE
ZONE AND LANDSCAPE MAINTENANCE DISTRICTS 3, 6,
AND 16
WHEREAS, on June 20, 2018, the City Council adopted the Operating and
Capital Improvement Budget for Fiscal Year 2018/19 which includes an appropriation of
$63,215 for property maintenance of the miscellaneous properties in Division 171
(Facilities) and 172 (Property Management), $337,133 in Division 542 (Lighting and
Landscape Maintenance Districts), $7,000 in Division 430 (Public Transit), and
$421,850 in Division 541 (Park/Maintenance Improvement) for landscape maintenance
services in these various Divisions; and
WHEREAS, on August 1, 2018, the City Council approved the termination of the
landscape services agreement with Stay Green, Inc. and recommended award of
landscape services agreements to Venco Western Inc. for various Landscape and
Lighting Maintenance Assessment Districts (LMD) and miscellaneous City properties
and City Parks and Oakridge Landscape, Inc. for LMD Zone 22 beginning September 1,
2018; and
WHEREAS, on September 5, 2018, the City Council adopted Resolution No.
2018-3742 amending the FY 2018/19 budget appropriations for $138,737 to fully fund
landscape maintenance services in the City-wide Zone, Landscape Maintenance
Districts 1-11, 14, 15, 16, 18, 21. 22, Parks, and Miscellaneous City Properties; and
WHEREAS, a staff report has been presented to City Council recommending an
aggregate budget expenditure increase of $32,969.78 to address landscape
maintenance deficiency costs in various property maintenance expenditure line items.
The budget amendment will be required from AD 84-2 Citywide (2300) - $26,220.45; 84-
2 Butter Creek T3032 (2303) - $6,089.04; 84-2 Inglewood St T3306 (2306) - $608.00;
Mountain View (2316) - $52.29; and
WHEREAS, Exhibit “A” hereof describes said budget amendment and its
resultant impact to the budget line items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. An aggregate budget amendment of $32,969.78 from various funds
to fully finance landscape deficiency costs, as more particularly described in Exhibit A,
attached hereto, is hereby approved.
564
Resolution No. 2018 -
Page 2
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of November 2018.
__________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Maureen Benson, City Clerk
Attachment: Exhibit A – Budget Amendment
565
Resolution No. 2018 -
Page 3
EXHIBIT A
BUDGET AMENDMENT FOR
VARIOUS FUNDS TO FULLY FINANCE
LANDSCAPE MAINTENANCE DEFICIENCIES
FISCAL YEAR 2018/19
FUND BALANCE ALLOCATION:
Fund Title Fund Account Number Amount
General Fund 1000-000-00000-33990 32,917.49$
LMD-Z16: Mountain View 2316-000-00000-33990 52.29$
Total 32,969.78$
EXPENDITURE APPROPRIATION:
Account Number Current Budget Revision Amended Budget
2300-542-P0004-53000 114,043.00$ 26,220.45$ 140,263.45$
2303-542-P0004-53000 1,396.00$ 6,089.04$ 7,485.04$
2306-542-P0004-53000 452.00$ 608.00$ 1,060.00$
2316-542-P0004-53000 3,012.00$ 52.29$ 3,064.29$
-$ -$ -$
Total 118,903.00$ 32,969.78$ 151,872.78$
566