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HomeMy WebLinkAboutAGENDA REPORT 2015 0819 CCSA REG ITEM 10L ITEM 10.L. CITY OF MOORPARK,CALIFORNIA MOORPARK CITY COUNCIL City Council Meeting AGENDA REPORT of 8-8- Ie/5 ACTION: 6 .. • • TO: The Honorable City Council ey: G„ 2-- FROM: ._FROM: Jeremy Laurentowski, Parks and Recreation Int cto r 1' BY: Jessica Sandifer, Senior Management Analys 'I�f DATE: June 24, 2015 (CC Meeting of 08/19/15) SUBJECT: Consider Amendment #1 to Agreement with Oakridge Landscape, Inc. and Amendment #4 to Agreement with Venco Western, Inc. for Drought Maintenance and Turf Conversion Projects in Landscape Maintenance Districts and City Facilities and Resolution Amending Fiscal Year 2015/16 Budget to Fund the Work BACKGROUND On July 1, 2015, the City Council approved a Drought Action Plan ("Plan") outlining the various actions the City should take to meet the State Water Resources Control Board (SWRCB) mandated water conservation reduction target of 32%. The plan not only outlines how the City should conserve water within City operations but also to promote water conservation City-wide. Both components of the plan are critical to meet the water conservation standard mandated by SWRCB. At the time of adoption of the Plan, the City Council approved funding to complete Phase I of the turf conversion projects at City parks. However, staff did not request funding to complete Phase I of the turf conversion projects at the Landscape Maintenance Districts (LMD) and various City properties, as additional time was needed to obtain bids for this work. DISCUSSION The Council will recall that action item A.2.b of the Plan calls for the renovation of the landscaping at the Landscape Maintenance Districts and City facilities. As with the park turf conversion projects, staff has prepared a phased approach that will allow immediate water savings to be achieved, while allowing time to design a drought tolerant or low water use plant palette for the designated renovation areas. Phase I includes the removal of ornamental and high water use plant material, the removal of all turf areas, modification of the irrigation to maintain the health of affected trees, and placement of wood chips. Staff's preliminary estimate for the Phase I work in Zones 7, 15, and 22 was $559,000 or approximately $2.15/ sq.ft. Initially, the higher cost of the turf conversions in these LMD areas was due to the desire to fully remove the turf and several inches of 150 Honorable City Council August 19, 2015 Page 2 subgrade below the turf so that the mulch can be installed level with the surrounding finished surfaces, such as curbs and sidewalks. In consideration of time constraints, staff modified the Phase I scope of work to include killing the grass and allowing the dead grass to remain in place, modifying the irrigation so that only the trees are watered, and placing bark mulch only around the trees. The modification to the Phase I scope of work will allow the City to realize significant water savings sooner. The dead turf and associated subgrade would be removed as a part of the larger renovation projects completed in Phase 2 of this work. Staff submitted the modified scope of work back to Oakridge Landscape, Inc., the City's landscape maintenance contractor, for Zones 15 and 22. Due to the modifications to the scope of work, the cost for the Phase I work in these zones came in significantly less than the original estimate. Staff is recommending acceptance of Oakridge's bid to perform the work, without obtaining additional bids, due to the fact that the City's Municipal Code does not specify cost parameters or any bidding requirements for service related contracts and the Public Contract Code Section 22000 et seq. exempts maintenance work from the definition of a public project for the purposes of informal bidding. Staff has discussed this issue with the City Attorney and has confirmed that this work can be completed under Oakridge's current maintenance contract due to the fact that very little turf will actually be removed. Phase I Turf Turf Conversion- Landscape Conversion Oakridge Maintenance Districts (s.f.) Proposal Zone 15 (Toll Brothers Tract 4928) 133,818 $ 52,677.88 Zone 22(Pardee Tract 4045) 120,824 $ 87,890.35 Totals 254,642 $ 140,569 Contingency $ 14,817 Grand Total $ 155,386 Staff believes that the proposal in the amount of $140,569 submitted by Oakridge is competitive and accurate based on the amount of work required to complete the work. Staff is recommending a contingency amount of $14,817 for a total amendment amount of $155,386. Staff's original concept was to remove all turf and high water use landscaping, such as red fescue, in all LMD zones. However, due to the costs associated with these removals, and the need to finalize the landscape plans for certain LMD areas, such as the Tierra Rejada Road corridor, the Phase I removals in several landscape maintenance districts are only partial turf removals, particularly LMD Zones 2, 5, and 10. The turf removals at the remaining City facilities include 100% of the turf area. Staff has prepared a Request for Proposal (RFP) with the modified scope of work and lesser square footages. The RFP was sent informally to five landscape contractors. Four of the five contractors submitted bids. The lowest bid was submitted by Venco Western, 151 Honorable City Council August 19, 2015 Page 3 Inc. in the amount of $140,217.00. Staff has prepared a chart summarizing the total square footage for removal and the amount to be removed in Phase I, along with the associated cost and potential estimated rebate. It should be noted that several improvement projects have been included in the Phase I work. A portion of LMD Zone 12 includes the median islands on Tierra Rejada Road between Spring Road and Hwy 23. Due to the excessive irrigation runoff from the overhead spray irrigation system and the restrictions imposed by the SWRCB, staff recommends replacing the spray irrigation system with a drip irrigation system. In addition, several areas of red flax have declined due to a localized rat infestation. This is the second occurrence where rats have been an issue in this area. Staff recommends replacing the flax with Rhaphiolepis i. 'clara', a moderately drought tolerant plant that is consistent with the streetscape design within LMD Zone 12. The rats have only infested the red flax, as the plant material is dense and appears favored by the rats for burrowing and nest making. Staff believes that the change in plant type will eliminate the problem. In addition, staff recommends installing a drip irrigation system and replacing the turf along Poindexter Avenue in LMD Zone 16 also with Rhaphiolepis i. 'clara' to maintain consistency with the existing plant material on Poindexter Avenue. The turf conversion at the Ruben Castro Human Services Center includes the installation of decomposed granite in place of the turf and the turf conversion at the Civic Center includes the addition of several trees within the parking lot area and the installation of wood chips. 152 Honorable City Council August 19, 2015 Page 4 Turf Conversion -Landscape Maintenance Turf Conversion Phase I Turf Estimated Districts (s.f.) Conversion Venco Bid rebate Zone 2 (Steeple Hill Tract 2865) 147,000 1,446 $2,473.00 $2,473.00 Zone 4 (W. Wiliams Ranch Road) 1,340 1,340 $2,380.00 $2,380.00 *Zone 5 (Pheasant Run Tract 3019 & 3525) 62,400 5,280 $7,360.00 $7,360.00 *Zone 7 (LA Ave-Shasta to Gabbert) 7,500 7,500 $14,306.00 $14,306.00 *Zone 8 (Shadyridge Buffer Zone) 47,250 47,250 $28,824.00 $28,824.00 Zone 10 (Mountain Meadows) 202,000 2,000 $3,084.00 $3,084.00 *Zone 11 (Alyssas Court) 1,500 1,500 $3,958.00 $3,958.00 Zone 12 (Carlsberg Specific Plan) 1,800 1,800 $16,223.00 $3,600.00 Zone 16 (Cabrillo Tract 5161) 600 600 $2,205.00 $1,200.00 Zone 18 (Colmer Tract 5307) 2,110 2,110 $4,194.00 $4,194.00 *Citywide Zone 1,200 1,200 $6,779.00 $2,400.00 10%contingency $9,178.60 SUB-TOTAL: 474,700 72,026 $100,964.60 $73,779.00 Turf Conversion Phase I Turf Estimated Turf Conversion -Facilities (s.f.) Conversion Venco Bid Rebate *Civic Center 21,422 21,422 $19,444.00 $19,444.00 Library 3,900 3,900 $5,841.00 $5,841.00 *Ruben Castro Human Services Center 4,500 4,500 $10,316.00 $9,000.00 *Moorpark Public Services Facility 400 400 $1,248.00 $800.00 *Police Services Center 2,156 2,156 $5,324.00 $4,312.00 1493 Walnut Canyon Road 4,500 4,500 $6,258.00 $6,258.00 10%contingency $4,843.10 SUB-TOTAL: 36,878 36,878 $53,274.10 $45,655.00 GRAND TOTAL: 511,578 108,904 $154,238.70 $119,434.00 * LMD Zones and Facilities noted with asterisks will require funding from the General Fund Staff is recommending approval of Venco's bid for the turf removal work in the LMD Zones listed on the previous page, and various City facilities, for a cost of $154,239, which includes a 10% contingency in the amount of $14,022. Venco has the necessary skills and experience to perform the work. FISCAL IMPACT The total estimated cost for the Phase I turf removals is approximately $309,625 which includes a project contingency of $28,839: LMD zones - $256,350 and City Facilities - $53,275. LMD Zones 5, 7, 8, 11 and Citywide district are estimated to post deficit fund balances at June 30, 2016 and will require subsidy from the General Fund Reserve of approximately $65,070, if no rebates are received. It is the City's policy to fund LMD zones prior year's deficits in the succeeding fiscal year after the audited financial report 153 Honorable City Council August 19, 2015 Page 5 is issued. However, staff recommends that General Fund transfers be made as soon as actual final project cost net of the rebate, if any, is known. As of the writing of this report, staff has not received approval from the Metropolitan Water District (MWD) regarding the turf removal rebates. However, if awarded, the rebates would cover 38% of the cost of the work and would require a General Fund contribution of $7,155 for the portion of the work not covered by the rebates and the contingency amount of $10,795 for a total General Fund contribution of $17,950. If the MWD rebates are not approved, the General Fund will need to cover $105,036 of the $309,625. The FY 2015/16 adopted budget does not include appropriations for this project. Staff is requesting an aggregate budget amendment of $374,695 (project cost - $309,625 plus transfers of $65,070). The portion of the budget amendment that will come from the General Fund Reserve totals $105,036, including $65,070 transfers to various LMD's. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Approve Amendment No. 1 with Oakridge Landscape, Inc. for drought maintenance projects in LMD Zones 15 and 22 in the amount of $155,386, and authorize City Manager to sign amendment to Agreement, subject to final language approval of the City Manager; and 2. Approve Amendment No. 4 with Venco Western, Inc. for turf conversion projects in various LMD's and City facilities in the amount of $154,239, and authorize City Manager to sign amendment to Agreement, subject to final language approval of the City Manager; and 3. Adopt Resolution No. 2015- appropriating $309,625 from various funds for Phase I of the turf conversion projects in landscape maintenance districts and at city facilities; and approve fund transfers from the General Fund (1000) to certain landscape maintenance districts. Attachments: 1. Agreement— Oakridge Landscape, Inc. 2. Agreement—Venco Western, Inc. 3. Resolution No. 2015- 154 ATTACHMENT 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND OAKRIDGE LANDSCAPE, INC. FOR LANDSCAPE MAINTENANCE SERVICES AT MOORPARK LANDSCAPE MAINTENANCE DISTRICT ZONES OF BENEFIT 15, 20, AND 22 This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and Oakridge Landscape, Inc., a corporation ("Contractor"), for landscape maintenance services ("Agreement"), is made and entered into the day of , 2015. RECITALS WHEREAS, on September 26, 2014 the City and Contractor entered into an Agreement to have the Contractor provide landscape maintenance services at Moorpark Landscape Maintenance District Zones of Benefit 15, 20, and 22; and WHEREAS, the City and Contractor now desire to amend the Agreement to retain Bid Schedule for Landscape Maintenance Services as Exhibit B and rename Exhibit B, Contractor Performance Requirements to Exhibit G, Contractor Performance Requirements as set forth in Exhibit G, attached hereto and incorporated herein, and increase the compensation for services to be performed by Contractor for turf conversion projects in the Landscape Maintenance Zones 15 and 22 as outlined on Exhibit J, attached hereto and incorporated herein, and increase the compensation for the Agreement term from three hundred two thousand seven hundred thirty-three dollars ($302,733.00), which includes a fifteen percent (15%) contingency of thirty-nine thousand four hundred eighty-seven dollars ($39,487.00), by a value of one hundred forty thousand five hundred sixty-nine dollars ($140,569.00) plus a contingency of fourteen thousand eight hundred seventeen dollars ($14,817.00) for a total increase of one hundred fifty-five thousand three hundred eighty-six dollars ($155,386.00) for a total contract value of four hundred fifty-eight thousand one hundred nineteen dollars ($458,119.00), 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: Section 2, SCOPE OF SERVICES, is amended by replacing the first three paragraphs in their entirety as follows: "City does hereby retain Contractor in a contractual capacity to provide landscape maintenance services, plus additional landscape repair and installation services as needed, specifically as it pertains to the City of Moorpark Landscape and Lighting Assessment District Zones of Benefit 15, 20, and 22, as set forth in Exhibits B, C, D, E, F, G, H, I, and J, attached hereto and incorporated herein. Where said Scope of Services is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. 155 Contractor shall perform the tasks described and set forth in Exhibits B, C, D, E, F, G, H, I, and J. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibits B, C, D, E, F, G, H, I, and J. Compensation for the services to be performed by Contractor shall be in accordance with Exhibits B and J. Compensation is increase for the additional landscape maintenance services in Zones 15 and 22 by a value of one hundred forty thousand five hundred sixty-nine dollars ($140,569.00) plus a contingency of fourteen thousand eight hundred seventeen dollars ($14,817.00) for a total increase of one hundred fifty-five thousand three hundred eighty-six dollars ($155,386.00) from three hundred two thousand seven hundred thirty-three dollars ($302,733.00) to four hundred fifty-eight thousand one hundred nineteen dollars ($458,119.00). During subsequent extended terms the Agreement amount shall not exceed two hundred sixty-three thousand two hundred forty-six dollars ($263,246.00) plus a fifteen percent (15%) contingency of thirty-nine thousand four hundred eighty-seven dollars ($39,487.00), for a total contract cost of three hundred two thousand seven hundred thirty-three dollars ($302,733.00) annually, without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement." II. Section 5, PAYMENT is amended by replacing paragraph one in its entirety as follows: "The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibits B, C, D, E, F, G, H, I and J, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed the rates or total contract value of four hundred fifty-eight thousand one hundred nineteen dollars ($458,119.00), which includes a contingency of fifty-four thousand three hundred four dollars ($54,304.00), for the term of the Agreement. During subsequent extended terms the Agreement shall not exceed two hundred sixty-three thousand two hundred forty-six dollars ($263,246.00), plus a fifteen percent (15%) contingency of thirty-nine thousand four hundred eighty-seven dollars ($39,487.00), for a total contract cost of three hundred two thousand seven hundred thirty-three dollars ($302,733.00), for the twelve (12) month term of the Agreement and for every subsequent year that the contract is extended, which extensions require a written Amendment to this Agreement executed by both parties. Approval of additional related maintenance, repair, and installation services during the term of this Agreement to be paid out of the contingency funding shall require a written Work Order executed by both parties. Payment by City to Contractor shall be as described in this Agreement." Ill. Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. Page 2 Amendment No. 1 to Agreement between City of Moorpark and Oakridge Landscape Maintenance, Inc. 156 In Witness Whereof, the parties hereto have caused this Agreement to be ' executed the day and year first above written. CITY OF MOORPARK OAKRIDGE LANDSCAPE, INC. Steven Kueny Jeff Myers, President City Manager Attest: Maureen Benson, City Clerk • Page 3 Amendment No. 1 to Agreement between City of Moorpark and Oakridge Landscape Maintenance, Inc. 157 EXHIBIT G CONTRACTOR PERFORMANCE REQUIREMENTS A. WORKING HOURS: 1. Working hours are Monday through Friday, between 7:00 a.m. to 5:00 p.m. ("working hours"). No work shall be performed on Saturday, Sunday, or City approved holiday outside of these specified times, without prior written approval from the representative designated by the City (herein after referred to as "City Representative"), except for emergency situations, or unless otherwise indicated in this Contract. Contractor must notify the City Representative within 24 hours in the event of emergency work. 2. Contractor shall be responsible for any costs incurred by the City including, but not limited City staffs overtime hourly rate and any related costs, for any City approved work performed by the Contractor on weekends and/or holidays, which may require verification and inspection by City staff_ City staff overtime costs shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director. $278/hr. Parks and Landscape Manager $225/hr. Landscape/Parks Maintenance Superintendent or Su pervisor:$180/hr. Maintenance Worker (II: $105/hr. 3. The Contractor shall have staff available by phone contact (not an answering service) including, but not limited to Contractor's on-site supervisor(s) and irrigation technician(s), Monday through Friday, between 7:00 a.m. and 5:00 p.m. to respond to callouts, questions, and verification of schedules. 4. Non-working City holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Contractor shall have personnel in place to carry out the responsibilities of this Contract on all other City holidays if they fall on a weekday. 5. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City a proposed maintenance schedule. The schedule shall include a list of all activities specified in the Scope of Work (Exhibit B) by location, with respective days of the week and time of day said activities will be performed. After City approval, any revisions to the approved schedule must be authorized in writing by the City Representative. 18 158 6. The use of leaf blowers or air broom is prohibited, except between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. B. SUPERVISION: 1. Contractor shall provide a minimum of one (1) full time on-site landscape maintenance supervisor, fully trained in all aspects of landscape maintenance and repair, and a minimum of one (1) full time on-site irrigation technician. Said supervisor(s) and technician(s) shall have a minimum of seven (7) years of experience at the supervisory and technician level. Fourteen (14) days prior to the start of any work, the Contractor shall submit to the City information that demonstrates the supervisor's and technician's qualifications for City review and approval. During the term of the Contract, the City Representative shall approve any changes to the landscape maintenance supervisor position and irrigation technician positions. 2. The landscape maintenance supervisor shall remain on site for a minimum of eight (8) hours per day, except as required to obtain equipment and supplies necessary for regular maintenance activities, and to attend company meetings and events necessary during the normal course of business. 3. Contractor shall have an on-site supervisor(s) and irrigation technician(s) capable of communicating effectively both in written and oral English, at all times during the term of the Contract. Any communication from the City to the Contractor's on-site supervisor(s) or irrigation technician(s) shall be deemed as delivered to the Contractor. 4. Contractor shall endeavor to maintain excellent public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and disturbance to the public. Work shall be performed by competent employees and supervised by a person(s) experienced in supervising landscape maintenance operations. 5. Contractor shall ensure that its employees are dressed in a company uniform shirt recognizable as Contractor's. C. COMMUNICATION/EMERGENCY RESPONSE: 1. Contractor shall have the ability to contact their field crews within fifteen (15) minutes of notification by City Representative during normal working hours. 19 159 2. Contractor shall provide capabilities for twenty-four (24) hour per day, seven (7) days a week service. Contractor shall provide a 24-hour emergency contact person, who is familiar with the City's maintenance operation, with phone number (not an answering service) for non-working hours, including weekends and holidays. During an after-hours emergency situation, the Contractor shall provide on-the-job response time of no more than one (1) hour maximum upon notification by City. D. MATERIALS TO BE PROVIDED BY THE CONTRACTOR: The Contractor, at Contractor's sole expense, shall furnish all necessary equipment, supplies, and materials of good quality and in the amounts necessary to fulfill these specifications and to accomplish an acceptable and professional level of maintenance, as determined by City Representative. The quality and quantity of materials provided by Contractor must be approved by the City Representative. These supplies and materials shall include, but not be limited to: 1. All necessary fuel, oil, equipment, machinery, and parts. 2. All necessary pesticides, herbicides, insecticides, and rodenticides and all relevant licenses. 3. All necessary fertilizers and soil amendments. 4. All necessary horticultural supplies and landscape tools. 5. All parts necessary for the repair and proper maintenance of all irrigation systems. 6. All materials are to be new and identical to existing manufacturer and model number, unless directed otherwise by the City Representative. E. CONTRACTOR RESPONSIBILITY - DAMAGES: The Contractor shall be fully responsible for any and all damage to City property resulting from the Contractor's operations. This shall include, but not be limited to, the repair, removal and replacement, at Contractor's expense, of shrubs, trees, vines, turf grass, irrigation system, ground cover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage to buildings, infrastructure, hardscape, and other improvements due to Contractor's negligence. The City Representative shall determine if the contractor is negligent. The City shall be responsible for replacing any plant material that is damaged or destroyed as a result of acts of vandalism or theft. 20 160 F. UNDERGROUND ALERT SYSTEM: Underground alert systems must be notified a minimum of 48 hours in advance prior to commencing work that involves digging underground. This notification is required for each location said work is performed. Written verification of such notification shall be provided to the City Representative prior to commencing work. G. PROPERTY DAMAGE: Any damage to utility lines shall be immediately reported to the relevant utility company, as well as to the City Representative. The cost of the repair, if required, will be at the Contractor's expense. If damage occurs to any landscape material, irrigation system components, adjacent hardscape surfaces or other property, immediate repair or necessary replacement of the same shall be at the Contractor's sole expense. H. ACCESS TO PRIVATE PROPERTY: Prior to any work that will restrict access to private property, the Contractor shall notify, in writing, each affected property owner or responsible person, informing him of the nature of, and the approximate duration of, the restriction. Contractor shall also provide a copy of said notification to City Representative prior to commencing such work. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS: Contractor shall be responsible for the protection of all improvements adjacent to the work, such as irrigation system components, drain pipes, lawns, brick work, plants, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's sole expense and to the City's satisfaction, within forty-eight (48) hours. If the Contractor fails to render proper repairs within the 48 hour limit, the City will make the repairs and deduct the cost of such repairs, plus 15% administrative costs, from the Contractor's monthly bill. J. TRAFFIC CONTROL: 1. Contractor shall conform to all California Vehicle Code and CAL OSHA requirements and operating rules at all times this Contract is in effect. Contractor shall obtain an annual City Encroachment Permit and adhere to such conditions for street work_ Contractor shall conduct all work in a manner that will insure continuous traffic flow on all streets at all times. In situations where it is necessary to restrict traffic flow, the Contractor shall contact the City Public Works Inspector prior to start of work. Contractor shall be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through traffic. This is to include a high visibility arrow board. Prior to closing lanes and/or interfering with the flow of traffic, Contractor shall seek the approval of the 21 161 City Representative. Twenty-four (24) hour notification is required. City shall set days of the week and times when traffic lanes may be closed. 2. Signs used for handling traffic during the course of this project shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Budding News, Inc., and made a part of these detailed specifications. The method in which signs, barriers, and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned. A copy of said publication is on file at the Moorpark Public Services Facility. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers or other satisfactory illumination if in place during hours of darkness. 3. Traffic control and detours conforming to all the provisions of these specifications, unless otherwise specified and itemized in the bid schedule, shall be included in the Contract unit or lump sum prices paid for various items of work where traffic control and/or detours are required, without additional compensation. 4. Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00) for each day that the Contractor fails to conform to any California Vehicle Codes, CAL OSHA requirements or traffic control measures as described in these specifications. K. ENCROACHMENT PERMITS: The Contractor shall secure an approved annual City encroachment permit. L. SUBCONTRACTORS: Contractor shall only use subcontractors in the performance of this Contract listed on Subcontractor(s) form submitted with the bid documents. All subcontractors shall be licensed and shall only provide the services listed and that they are licensed to perform. Any subcontractor not listed on the Subcontractors (2) form or any changes made to the subcontractors used by the Contractor during the term of the Contract, shall be approved in writing by the City Representative. The City reserves the right to reject the services of any subcontractor for any reason, and at any time during the performance of this Contract. M. HAZARDOUS WASTE AND NPDES REQUIREMENTS: 1. Contractor shall comply with CAL OSHA standards and the American National Standard Institute, Z133.1.1988 Safety Requirements in the performance of all work under this Contract. The Contractor shall conduct 22 162 the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City. 2. Contractor shall be responsible for compliance will all Federal and State hazardous waste and materials requirements, codes and laws. Any situations involving the use of, or observance of, hazardous waste or materials shah be reported to the City Representative immediately. 3. Contractor shall be responsible for compliance with all Federal, State and local requirements, codes and law regarding National Pollutant Discharge Elimination System (NPDES). Information and specifications can be found in the document entitled, "Stormwater Pollution Control Guidelines for Construction Sites," which by reference is a part of these specifications and is available for review at the Moorpark City Hall front counter. 4. Contractor shall implement all necessary steps to ensure the methods and practices it uses to carry out its responsibilities under this contract comply with NPDES, including but not limited to: maintaining a clean work site; properly disposing of all debris; appropriate storage of materials: managing and operating vehicles and equipment in a manner to prevent leaks and spills; preventing pollution of the storm drain system during import, export, stockpiling, and spreading of landscape debris and materials, and preventing and controlling discharge of soil sediments, fertilizers, herbicides, insecticides, rodenticides, solvents, cleaning solutions, and other chemicals. N. INSPECTION TOUR AND PUNCH LIST: The Contractor shall accompany the City Representative on a, no less than weekly, inspection tour of landscaped areas at a time specified by the City Representative. The Contractor shall provide a detailed written punch list of all areas maintained for review by the City Representative within twenty-four (24) hours of completing said inspection tour. The punch list shall contain a detailed list of broken and/or inoperable sprinklers, irrigation malfunctions and landscape deficiencies and it shall identify the location of deficiencies and a written timeline for completion. Contractor shall be expected to make repairs and correct deficiencies within five (5) business days, unless the repair requires immediate response or is otherwise stated herein. Contractor shall provide the City Representative with a follow up punch list documenting the status of required repairs and corrections. If corrections and repairs are not completed within the allocated time, the Contractor may incur liquidated damages, as more fully described in Section 0. If Contractor fails to repair or correct deficiencies within five (5) working days past the time line approved by the City, Contractor may be found in nonconformance with the Contract and City, at its discretion, may take corrective action at Contractor's sole expense, plus 15% administrative fee and assessed liquidated damages. Such fees and expenses shall be deducted from Contractor's invoice. 23 163 The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Report (Exhibit E). A separate report shall be prepared for each location and shall identify all maintenance items that have been completed, as well as maintenance deficiencies, hazards or other items requested by the City or observed by the Contractor during the specified month. The monthly report is due to the City Representative five (5) days after the end of the month. The Contractor shall prepare and submit to the City Representative at the end of each month, a Contractor Weekly Irrigation Report (Exhibit F). A separate report shall be prepared for each location and shall identify the current irrigation schedule and station run times, any changes made to the irrigation schedule within the inspection period, any damages or repairs to the irrigation system and any other information requested by the City during the specified month. The monthly report is due to the City Representative five (5) days after the end of the month. O. DEFICIENCIES - LIQUIDATED DAMAGES: Failure by the Contractor to perform the services described herein, adhere to the service schedule, service the irrigation system, perform required services and/or repairs, or reprogram each conventional controller weekly per local evapotranspiration (ETo) data pursuant to this Contract, will be considered a deficiency. It is agreed that said deficiencies will result in damage to the City. Contractor shall be responsible for all costs associated with said damage including any additional costs incurred by the City in the inspection, administration and performance of the work not performed or performed improperly by the Contractor, in addition to the liquidated damages amount as follows: Liquidated damages shall be assessed in the amount of One Hundred Fifty dollars ($150.00)for each incident at each separate location for each day that the deficiency remains uncorrected. Furthermore, in the event Contractor fails to effectively manage water use, the over-usage cost will be borne by Contractor. As further described, such cost incurred by City shall be deducted from the Contractor's monthly payments. P. CITY'S RIGHT TO USE OTHER LABOR: Contractor recognizes that during the course of this Contract, other activities and operations may be conducted by City work forces and other Contracted parties. These activities may include, but not be limited to, landscape refurbishment, irrigation system modification or repair, specialized pest control, construction, storm related operations, staging of police and fire for emergencies and disaster control, and a variety of recreation programs and special events. During said activities and operations the Contractor may be required to modify or curtail certain work tasks and normal 24 164 maintenance operations, and shall promptly comply with any request thereof by the City. Q. CONTRACTOR VEHICLE AND EQUIPMENT IDENTIFICATION: Contractor shall clearly identify each vehicle and equipment (i.e. tractors, trailers, ride-on mowers) used at said facilities in the performance of this contract with decals on the exterior right and left front door panels, or other City approved location, identifying the Contractor's name, and phone number. Decals shall not be less than 12 inches by 18 inches in size, and shall be clearly visible from a distance of 50 feet. Contractor's maintenance vehicles exterior paint and vehicle body shall be kept dean, new in appearance and in a generally well maintained condition. R. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT: Should the Contractor fail to correct deficiencies or public nuisances, these will be considered to be of an emergency nature and cause for the City make corrective repairs. Such work shall be billed to the Contractor for each callout, plus actual time spent on the repairs. It also should be noted that there is a minimum two (2) hour charge for labor on any callout. City staff hourly costs shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $185/hr. Parks and Landscape Manager $150/hr. Landscape/Parks Maintenance Superintendent or Supervisor. $120/hr. Maintenance Worker III: $70/hr. City staff overtime hourly costs for weekend work or after hours work shall be assessed as follows (subject to change per current salary distribution): Parks and Recreation Director: $278/hr. Parks and Landscape Manager $225/hr. Park/Landscape Maintenance Superintendent or Supervisor: $180/hr. Maintenance Worker III: $105/hr. S. EXTRA WORK: 1. The Contractor shall not have the exdusive right to perform extra work. Extra work may be performed by the Contractor at the discretion of the City, City forces, or by competitive bid at the sole discretion of the City. 2. Additional work outside the performance requirements such as, but not limited to, shrub and tree planting, renovation, and improvement, shall be required on occasion. 25 165 3. The costs for such extra work shall be based on the fair market value of supply and labor costs and shall be agreed to in a written proposal prior to commencement of said work. Only those extra work items authorized in writing on a City standard Work Order form or other form approved by the City, prior to the start of work, shall be considered for payment. 4. Extra work shall not be performed by regularly scheduled personnel and shall be performed during regular working hours unless authorized in writing by the City. Contractor shall submit certified payroll reports for all extra work services. T. EQUIPMENT STORAGE ON CITY PROPERTY: Storage of equipment, supplies and materials at a City park or other City property shall only be allowed with prior written approval from the City. In the event the City consents to allow Contractor to use designated City property for storage, Contractor agrees to assume full responsibility for loss, theft, damage to its equipment, supplies and any injury that may arise to any person. Contractor also assumes full responsibility for any and all damage to City property as a result of any Contractor owned property stored on City property, whether storage is temporary or permanent. Contractor acknowledges that Section 10 Indemnification of this contract applies to such storage. U. VANDALISM AND THEFT: 1. The City shall be notified immediately by the Contractor in regards to any acts of vandalism, including graffiti, and theft to City landscaping, irrigation systems, or other improvements observed or found by Contractor's employees, regardless of the cause. 2. Damage caused by vandalism, theft or accident, not caused by Contractor, shall be the responsibility of the City, including labor costs. V. PERFORMANCE DURING INCLEMENT WEATHER: 1. During the periods when inclement weather hinders normal operations, the Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather. Contractor shall reschedule and complete all maintenance activities that were not completed on the next available day that weather conditions permit such activities. 2. Failure to adjust the work force and demonstrate that adequate progress has been completed, or failure to reschedule maintenance activities, shall 26 166 result in a deduction of payment to reflect only the work actually accomplished. 3. If weather conditions do not allow regular maintenance operations to continue, the Contractor shall inform the City Representative and have his work force available to assist the City with emergency operations as needed. Emergency operations may include the installation of sand bags, removal of fallen branches and debris, removal of mud, rocks or loose gravel, or other procedures required by the City. Contractor shall provide their staff with OSHA approved rain gear and other safety equipment that may be necessary during such an instance. 3. The Contractor shall not remove his work force from the job site without written approval from the City Representative. 4. The Contractor shall re-stake and re-tie trees as required, and continue to monitor trees during storm conditions. 5. The Contractor shall remove and clean all debris deposited in drainage areas resulting from inclement weather, to mitigate potential flooding of landscaped areas. 6. Contractor shall adjust controllers and timers to the "OFF" position, which shall remain off until local "ETo" data indicates that conditions are appropriate to set in the "ON" position. It shall be the Contractor's responsibility to monitor local "ETo" data to ensure that controllers and timers are activated at the appropriate time. W. CONTRACTOR DISPOSAL/RECYCLING RESPONSIBILITY: 1. The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from operations as work progresses. All green waste, recyclables, and refuse shall be disposed in City provided bins designed for such material and in accordance with the solid waste provisions of the Moorpark Municipal Code. Contractor agrees to segregate the aforementioned materials to maximum extent possible. Contractor shall not, at any time, dispose of materials resulting from work not related to this Contract in any City provided bin. If requested by the City, Contractor shall make every effort to estimate tonnage disposed. 2. Contractor shall keep City trash enclosures clean and neat on a daily basis. All debris shall be disposed in the bin and not allowed to accumulate on the floor of the enclosure. If a bin is full and will not accommodate additional debris, Contractor shall notify City immediately and dispose of remaining debris in an alternative City bin. Bin lids shall 27 167 remain closed. Trash enclosure gates shall be closed and locked when the Contractor leaves each site each day. Damage, vandalism, and graffiti to the trash enclosures shall be immediately reported to the City Representative whenever observed by Contractor. X. KEY CONTROL: 1. Contractor shall be responsible for assigned keys, and shall be held responsible for the proper use and safe keeping of all keys issued by the City to the Contractor. 2. Contractor agrees not to duplicate any keys and acknowledges that California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is either six (6) months imprisonment or a five hundred dollar($500)fine or both. 3. Contractor shall immediately report all lost or stolen keys to the City Representative. 4. Upon expiration, cancellation or termination of this Contract, all keys received by the Contractor shall be returned to the City. 5. Contractor shall reimburse the City all costs and expenses as determined by the City for any key or lock replacements, due to contractor's negligence. Such costs shall be deducted from any payments due or to become due to contractor and may include the costs to replace padlocks, re-keying door locks, and shall include staff time and 15% administration fee, if deemed necessary by City to secure and protect City properties and facilities. Y. PRIOR INSPECTION OF AREAS: Contractor acknowledges that he/she has completed a personal inspection of the areas to be maintained and has evaluated the extent to which the physical condition thereof will affect the services to be provided. By entering into this Contract, the Contractor shall be deemed to have agreed to accept the condition of the work area in its "as is" condition with the intent to perform maintenance services according to Contract specifications. Z. SAFETY: 1. Contractor shall at all times adhere to all applicable safety practices and cooperate with the City in any adverse condition related thereto. 2. Contractor shall cooperate with the City during the investigation of an accident on City property and submit a complete written report to the City within twenty-four (24) hours following the occurrence. 28 168 3. Contractor shall inspect all areas maintained under the provisions of this Contract on a daily basis for all potential hazards, and maintain a daily safety inspection report which indicates date inspected and action taken to correct conditions if necessary. This report shall identify any condition(s) that renders any portion of the premises unsafe, as well as any unsafe practices occurring thereon. The City Representative shall be immediately notified of any potentially unsafe or hazardous condition found by the Contractor. 29 169 Page 1of2 EXHIBIT J r A K R I DG E 28064 Avenue Sanford. Unit K.Valencia.CA.91 55 l A N O 5 C A P E. INC. Ph. 661`295"7228 Fx. 661"290'7230 LIC#798565 A,B,C-27 Project Proposal July 19, 2015 To: City of Moorpark Attn: Jeremy Laurentowski Project: ; LMD TURF Elimination Project tel: r 805-517-6385 Location: ' Zones 15 and 22 email: , jlaurentowskiCWmoorparkca.00v Wage Rate: Non Union,State Maintenance Prevailing WageThank you for the opportunity to provide the City of Moorpark with the following proposal for the above referenced project. This proposal is based on the 6/9/15 email direction provided by the City. Base Proposal: Scope: 1. Spray existing turf areas with contact herbicide and leave in place. 2. Remove 6'dia.circle of turf around existing trees. 3. Remove existing spray heads and cap lateral line with threaded plug at each location. 4. Leave in place minimum(2)spray heads and install(2) 1/4 spray nozzles at each existing tree. Includes flushing of active valves. 5. Install 3"layer of mulch around trees. 4. Misc.,Traffic Control,leave site safe,and clean of debris. Zone 15-Championship Way(133,818 sf) 1. Spray existing turf areas w/contact herbicide 133,818 sf $ 0.10 $ 13,381.80 2. Remove exist turf around trees 110 ea $ 41.07 $ 4,518.00 3. Remove spray heads and cap lateral 3,368 ea $ 8.55 $ 28,779.56 4. Leave in place(2)spray heads and install 220 ea $ 7.14 $ 1,569.86 (2)90 degree spray nozzles at each existing tree 5. Install 3"of mulch around trees 110 ea $ 27.53 $ 3,028.67 6. Misc.and leave site safe,clean of debris 1 ea $ 1,400.00 $ 1,400.00 Sub-Total • $ 52,677.88 Zone 22-Spring Road and Ridgecrest Parkways-(120,824 sf) 1. Spray existing turf areas w/contact herbicide 120,824 sf $ 0.10 $ 12,082.40 2. Remove exist turf around trees 374 ea $ 39.63 $ 14,821.20 3. Remove spray heads and cap lateral 5,050 ea $ 8.55 $ 43,152.25 4. Leave in place(2)spray heads and install 748 ea $ 7.14 $ 5,337.51 (2)90 degree spray nozzles at each existing tree 5. Install 3"of mulch around trees 374 ea $ 27.53 $ 10,297.47 6. Misc.and leave site safe,clean of debris. 1 Is $ 2,199.52 $ 2,199.52 Sub-Total $ 87,890.35 Grand Total Zones 15 and 22 $ 140;568.23 Sincerely, Qaiy ('G0 Gary Scott Oakridge Landscape,Inc. Branch Manager 17 0 Oakridge Landscape,Inc. Page 2 of 2 AKR I DG E 28064 Avenue Stand Unit K.Valencia.CA. 91355 LANDSCAPE. fp{ INC.r N C. Ph. 661'295`7228 Fx. 661'295'7230 LIC#798565 A,B,C-27 Project Proposal • July 19, 2015 To: City of Moorpark Attn: Jeremy Laurentowski Project: LMD TURF Elimination Project tel: 805-517-6385 Location: I Zones 15 and 22 j email: jlaurentowskiemoorparkca qov Qualifications&Assumptions: 1. Proposal is based on state prevailing maintenance,non-union wages. 2. POC's and Irrigation infrastructure is existing and will remain operable for existing shrub areas. 3. Permits and inspections,if required,to be fumished and coordinated by others. 4. Proposals will be honored for 90 days from date received.Irrigation proposals will be honored for 90 days only. 5. This proposal is based on a five day eight hour per day work week. 6. Oakridge Landscape has included(1)move-on in this proposal.Additional move-ons to be$1,000.00 ea. 7. This proposal,including the clarifications,is to become a part of the contract conditions. 8. This proposal includes Red Fescue Areas along Spring Street. Exclusions: 1. Coring,cutting,drilling or patching. 2. Erosion Control,SWPPP installation,implementation,or maintenance. 3. Capping of existing valves.Existing valves to be turned off at valve stem. 4. Excludes Red Fescue Basin between Hightop Street. • 1 7 1 Oakridge Landscape,Inc. ATTACHMENT 2 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND VENCO WESTERN, INC. FOR LANDSCAPE MAINTENANCE SERVICES This Amendment No. 4 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and Venco Western, Inc., a corporation ("Contractor"), for landscape maintenance services at City Parks ("Agreement"), is made and entered into the day of , 2015. RECITALS WHEREAS, on June 27, 2013, the City and Contractor entered into an Agreement to have the Contractor perform landscape maintenance services at City Parks; and WHEREAS, on March 18, 2014, the City and Contractor amended the Agreement and entered into and approved Amendment No. 1, to the Agreement, to increase the compensation for landscape refurbishment services on Tierra Rejada Road by thirty-three thousand two hundred sixteen dollars ($33,216.00); and WHEREAS, on August 26, 2014, the City and Contractor amended the Agreement to extend the term for one (1) additional year expiring on September 30, 2015, and provide the compensation for services to be performed by Contractor for the additional extension period as provided in the Agreement; and WHEREAS, on July 27, 2015, the City and Contractor amended the Agreement to increase the compensation for turf conversion projects at City parks; and WHEREAS, City and Contractor now desire to amend the Agreement to extend the term for one additional year, said extended term to begin on October 1, 2015 and to expire on September 30, 2016, and provide the compensation for services to be performed by Contractor for the additional extension period as provided in the Agreement, and document said agreement to amend by jointly approving Amendment No. 4 to the Agreement; and WHEREAS, City and Contractor also desire to amend the Agreement for services to be performed by Contractor for turf conversion projects in the City's Landscape Maintenance Districts (LMD) as outlined on Exhibit J, attached hereto and incorporated herein, and increase the compensation for the Agreement term from four hundred ninety-one thousand four hundred forty-nine dollars ($491,449.00) by a value of one hundred forty thousand two hundred seventeen dollars ($140,217.00) plus a contingency amount of fourteen thousand twenty-two dollars ($14,022.00) for a total contract value of six hundred forty-five thousand six hundred eighty-eight dollars ($645,688.00), and document said agreement to amend by jointly approving Amendment No. 4 to the Agreement. 172 NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: Section 1, TERM, is amended by replacing the first paragraph in its entirety as follows: "The term of the Agreement shall be from the date of execution to September 30, 2016, unless sooner terminated as provided in Section 6, Termination of Suspension without Cause, of the Agreement." II. Section 2, SCOPE OF SERVICES, is amended by replacing the first three paragraphs in their entirety as follows: "City does hereby retain Contractor in a contractual capacity to provide landscape maintenance services, plus additional repair and installation services, related to City parks and miscellaneous City properties, as set forth in Exhibits A, B, C, D, E, F, G, H, I and J: Contractor's Bid Proposal, which exhibits are attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Proposal". Where said Scope of Services is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibits A, B, C, D, E, F, G, H, I and J, all of which are attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibits A, B, C, D, E, F, G, H, I and J. Compensation for the services to be performed by Contractor shall be in accordance with Exhibits A, B, C, D, E, F, G, H, I and J. Compensation is increasing for the additional landscaping services by a value of one hundred fifty-four thousand two hundred thirty-nine dollars ($154,239.00) which includes a contingency amount of fourteen thousand twenty-two dollars ($14,022.00) plus three hundred forty-nine thousand eight hundred four dollars (349,804.00), which includes twenty-five thousand dollar ($25,000.00) contingency for a total increase from nine hundred fifty-five thousand six hundred seventy dollars ($955,670.00), for a total Agreement amount of one million four hundred fifty-nine thousand seven hundred thirteen dollars ($1,459,713.00). Compensation shall not exceed the rates shown on Exhibits D, H, I and J. Approval of additional related maintenance, repair, and installation services during the term of this Agreement to be paid out of the contingency funding shall require a written Work Order executed by both parties. Payment by City to Contractor shall be as described in this Agreement." III. Section 5, PAYMENT, is amended by replacing paragraph one in its entirety as follows: "The City agrees to pay Contractor monthly, in accordance with the terms as set forth in Exhibits D, H, I, and J, based upon actual time spent on the above tasks. This Amendment No. 4 to Agreement between City of Moorpark and Venco Western, Inc.. Page 2 17 3 amount shall not exceed total contract value of one million four hundred fifty-nine thousand seven hundred thirteen dollars ($1,459,713.00) during the Agreement Term. The maximum payments per contract period are as follows: Period • 711/13- 8/26/14- 10/1/15- Scope of Services 9/30/14 9/30/15 9/30/16 TOTAL Monthly Maintenance Service(Exhibit D) $406,005 $324,804 $324,804 $1,055,613 Contingency $ 25,000 $ 25,000 $ 25,000 $ 75,000 Amend#1 Tierra Rejada Refurbishment (Exhibit H) $ 33,216 $ 33,216 Amend#3 Park Turf Conversion (Exhibit I+$18,476 Contingency) $141,645 $ 141,645 Amend#4 LMD TurfConverson (Exhibit J+$14,022 Contingency) $154,239 $ 154,239 TOTAL per period: $464,221 $491,449 $504,043 : $1,459,713 During subsequent extended terms of the Agreement, the landscape maintenance service payments shall not exceed three hundred forty-nine thousand eight hundred four dollars ($349,804.00) annually, which includes a twenty-five thousand dollar ($25,000.00) contingency, for every subsequent year that the contract is extended which extensions require a written Amendment to this Agreement executed by both parties." IV. Remaining Provisions: Except as revised by this Amendment No. 4, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK VENCO WESTERN, INC. Steven Kueny, City Manager Linda Burr, President Attest: Maureen Benson, City Clerk 174 Amendment No. 4 to Agreement between City of Moorpark and Venco Western, Inc.. Page 3 EXHIBIT J wrriiK CITY OF MOORPARK �. e2 . V ► PARKS,RECREATION&COMMUNITY SERVICES DEPT. 1 799 Moorpark Avenue,Moorpark,CA 93021 • o, Main City Phone Number(805)517-6200 j Fax(805)532-2550 j moorpark@ci.moorpark.ca.us CITY OF MOORPARK TURF REMOVAL PROJECT REQUEST FOR QUOTES (RFQ) V _ ' Bidder Sheet V Company : EC V W ✓ f E RAV Date: 7/n- I CO (U SITE: 1 $ .14413' 3 ° SITE: 2 $ 'y' ; 3 t O ' 0r SITE: 3 $ i 73tcv: 0 SITE: 4 $ 11-{) 3 4 00 SITE: 5 $ `4�y^ + O q SITE: 6 $ 'J f J b : 0 0 SITE: 7 $ 1 O� SITE: 8 $ d ; 00 : t^ SITE: 9 $ � + OO ) SITE: 10 $ 1 °i O�.3 SITE: 11 $ I i j e 00 SITE: 12 $ 4 ! .14-1 $ I. 00 SITE: 13 $ I O ) I tp 10 0 SI IE: 14 $ Si 'SIt-I F 00 SITE: 15 $ 576L-11 .4 00 SITE: 16 $ I aS% + 00 SITE: 17 $ 3 / 0 '644 OC=� SITE: 18 $ I j "� t Q 175 ATTACHMENT 3 RESOLUTION NO. 2015- A RESOLUTION OF CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2015/2016 BUDGET BY APPROPRIATING $309,625 FROM VARIOUS FUNDS FOR PHASE 1 OF THE TURF CONVERSION PROJECT AT LANDSCAPE MAINANTENCE DISTRICTS (LMD) AND CITY FACILITIES AND APPROVE FUND TRANSFERS FROM THE GENERAL FUND (1000) TO CERTAIN LANDSCAPE MAINTENANCE DISTRICT WHEREAS, on January 17, 2014 Governor Jerry Brown declared a drought emergency in the State of California and urged Californians to voluntarily reduce water consumption by at least 20%; and WHEREAS, on April 1, 2015 Governor Brown signed Executive Order B-29-15 (Order) which called for a statewide mandatory water reduction of 25% using the 2013 water use baseline. The Order contains several provisions that directly impact the City' operation, such as removal of 50 million square feet of lawn and replacement with drought tolerant landscaping; and prohibition of potable water to irrigate ornamental turf in public street medians; and WHEREAS, on May 6, 2015, the State Water Resources Control Board (SWRCB) adopted Emergency Regulations which established tiers of water reduction target levels to achieve the Order. The City's water supplier, Ventura County Waterworks District 1 (VCWWD), falls in Tier 8 — 32% reduction in potable water use; and WHEREAS, on June 17, 2015, the City of Moorpark adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2015/16 including $908,441 appropriations for landscape services; and WHEREAS, on July 1, 2015 the City Council adopted the final Drought Action Plan detailing the conservation action items and practices to meet SWRCB mandate. Concurrently, the Council approved staff recommendation to proceed with Action Item A.2.a — Implement turf conversion project of all City parks and adopted Resolution No. 2015-3413 appropriating $141,645 from the General Fund Reserve to fund this project; and WHEREAS, a staff report has been presented to the City Council recommending approval to proceed with phase I of Action Item A.2.b — Landscape Maintenance Districts and City Facility Landscape Renovations with an amendment to the Agreement with Venco Western, Inc. for turf conversion projects at various LMD's and City Facilities in an amount of $154,239, which includes a $14,022 contingency for a revised payment for FY 2015/16 of $645,688 and the same staff report also recommends approval of an amendment to the Agreement with Oakridge Landscape, Inc. for drought maintenance 176 Resolution No. 2015 — Page 2 projects in LMD Zones 15 and 22 in an amount of $155,386, which includes $14,817 contingency for a revised payment for FY 2015/16 of$458,119; and WHEREAS, the same staff report requests a budget expenditure increase of $309,625 from various funds to finance the project; and an additional budget adjustment of $65,070 from the General Fund (1000) is required to subsidize the project cost allocated to certain Landscape Maintenance Districts with deficit fund balance; and WHEREAS, the City may be eligible for turf removal rebates sponsored by the Metropolitan Water District (MWD) that will reduce 38% of the project cost. When actual final project costs are known, staff is recommending fund transfers not to exceed $65,070 from the General Fund (1000) to reduce certain Landscape Maintenance Districts with deficit fund balance; and WHEREAS, a budget revenue increase of $65,070 in various Landscape Maintenance District funds is required for the General Fund (1000) project subsidy; and WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendments and the 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 expenditure budget increase of $309,625 from various funds as more particularly described in Exhibit "A", attached hereto, is hereby approved. SECTION 2. An expenditure budget increase of $65,070 from the General Fund (1000) as more particularly described in Exhibit "B", attached hereto, is hereby approved. SECTION 3. A revenue budget increase of $65,070 in various Landscape Maintenance Districts as more particularly described in Exhibit "B", attached hereto, is hereby approved. SECTION 4. That fund transfers for actual project cost net of any rebates, not to exceed $65,070, from the General Fund (1000) to certain Landscape Maintenance Districts with deficit fund balances, as more particularly described in Exhibit "B", attached hereto, is hereby approved. SECTION 5. 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. 177 Resolution No. 2015 — Page 2 PASSED AND ADOPTED this 19th day of August, 2015. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A — Budget Amendment — Expenditures Exhibit B — Budget Amendment - Expenditure and Revenues 178 EXHIBIT A BUDGET AMENDMENT FOR VARIOUS FUNDS FOR PHASE I TURF CONVERSION PROJECTS AT LMD's AND CITY FACILITIES FY 2015/16 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount GENERAL FUND 1000-5500 $ 39,966.00 LIBRARY FUND 1010-5500 $ 6,425.00 CITYWIDE TRAFFIC MITIGATION FUND 2002-550 $ 6,884.00 AD-84-2 CITYWIDE 2300-5500 $ 7,457.00 84-2 STEEPLE HILL T2865 2302-5500 $ 2,720.00 84-2 WILLIAMS RANCH T3274 2304-5500 $ 2,618.00 84-2 PHEASANT T3019/3525 2305-5500 $ 8,096.00 84-2 LA AVE AND GABBERT RD 2307-5500 $ 15,737.00 84-2 HOME ACRES BUFFER 2308-5500 $ 31,706.00 84-2 MOUNTAIN MEADOWS PC3 2310-5500 $ 3,392.00 84-2 ALYSSAS COURT T4174 2311-5500 $ 4,354.00 84-2 CARLSBERG 2312-5500 $ 17,845.00 COUNTRY CLUB ESTATES 2315-5500 $ 58,231.00 MOUNTAIN VIEW 2316-5500 $ 2,426.00 MOONSONG COURT 2318-5500 $ 4,613.00 MOORPARK HIGHLANDS 2322-5500 $ 97,155.00 Total $ 309,625.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000.7620.0000.9331 $ 6,924.00 $ 21,389.00 $ 28,313.00 1000.7620.2005.9331 $ - $ 5,856.00 $ 5,856.00 1000.7620.5020.9331 $ 4,104.00 $ 11,348.00 $ 15,452.00 1000.7620.8041.9331 $ 3,864.00 $ 1,373.00 $ 5,237.00 1010.7620.0000.9331 $ 5,028.00 $ 6,425.00 $ - 11,453.00 2002.7625.5095.9331 $ 2,950.00 $ 6,884.00 $ 9,834.00 2300.7900.7901.9331 $ 32,148.00 $ 7,457.00 $ 39,605.00 2302.7900.7901.9331 $ 12,936.00 $ 2,720.00 $ 15,656.00 2304.7900.7901.9331 $ 1,968.00 $ 2,618.00 $ 4,586.00 2305.7900.7901.9331 $ 17,640.00 $ 8,096.00 $ 25,736.00 2307.7900.7901.9331 $ 3,144.00 $ 15,737.00 $ 18,881.00 2308.7900.7901.9331 $ 5,496.00 $ 31,706.00 $ 37,202.00 2310.7900.7901.9331 $ 66,648.00 $ 3,392.00 $ 70,040.00 2311.7900.7901.9331 $ 396.00 $ 4,354.00 $ 4,750.00 2312.7900.7901.9331 $ 56,136.00 $ 17,845.00 $ 73,981.00 2315.7900.7901.9331 $ 42,174.00 $ 58,231.00 $ 100,405.00 2316.7900.7901.9331 $ 1,572.00 $ 2,426.00 $ 3,998.00 2318.7900.7901.9331 $ 1,968.00 $ 4,613.00 $ 6,581.00 2322.7900.7901.9331 $ 181,583.00 $ 97,155.00 $ 278,738.00 Total $ 446,679.00 $ 309,625.00 $ 756,304.00 Finance Approval: cifr - 179 EXHIBIT B BUDGET AMENDMENT FOR GENERAL FUND& CERTAIN LANDSCAPE MAINTENANCE.DISTRICTS PROJECTS AT LMD's AND CITY FACILITIES FY 2015/16 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount GENERAL FUND 1000-5500 $ 65,070.00 AD 84-2 Citywide Lighting & Landscape District 2300-5500 $ (7,457.00) 84-2 PHEASANT T3019/3525 2305-5500 $ (8,096.00) 84-2 LA AVE AND GABBERT RD 2307-5500 $ (15,737.00) 84-2 HOME ACRES BUFFER 2308-5500 $ (31,706.00) 84-2 ALYSSAS COURT T4174 2311-5500 $ (2,074.00) Total $ - REVENUE BUDGET ALLOCATION: Account Number Current Budget Revision Amended Budget 2300-3720 $ 208,637.00 $ 7,457.00 $ 216,094.00 2305-3720 $ 43,516.00 $ 8,096.00 $ 51,612.00 2307-3720 $ 3,387.00 $ 15,737.00 $ 19,124.00 2308-3720 $ 16,269.00 $ 31,706.00 $ 47,975.00 2311-3720 $ - $ 2,074.00 $ 2,074.00 Total $ 271,809.00 $ 65,070.00 $ 336,879.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000.7900.0000.9820 $ 283,972.00 $ 65,070.00 $ 349,042.00 Total $ 283,972.00 $ 65,070.00 $ 349,042.00 Finance Approval: cBt 180