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HomeMy WebLinkAboutAGENDA REPORT 2012 0118 CC REG ITEM 10HITEM 10.H. MOORPARK CITY COUNCIL AGENDA REPORT - TO: The Honorable City Council FROM: Allen M. Walter, Parks and Landscape Superintendent 4�11 Jeremy Laurentowski, Parks and Landscape Manager /v DATE: January 4, 2012 (CC Meeting of January 18, 2012) SUBJECT: Consider Amendment No. 1 to the Landscape Maintenance Agreements for Azteca Landscape and Marina Landscape for Additional Services at Various Landscape Maintenance Districts (LMD) and Parks; and Resolution Amending the Fiscal Year 2011112 Budget BACKGROUND In June 2011, the City entered into Agreements with Azteca Landscape and Marina Landscape for landscape maintenance services for the City's Landscape Maintenance Districts (LMD) and Parks. Compensation for the landscape maintenance services was the result of a formal bid process. However, the annual compensation only provided for landscape maintenance services, and no additional compensation was provided for additional landscape services outside the Scope of Work identified in their respective Agreements. In addition, just prior to 1990, the City acquired a parcel of land located at the southern end of the Buttercreek Development, Tract 3032. This area is commonly known as Buttercreek Park and has been leased by Boething Tree Farm, Inc. since approximately 1994. However, the Lease Agreement between the City of Moorpark and Boething Tree Farm, Inc. was recently amended, as Boething Tree Farm has reduced the scope of their operation. The result of this down - sizing has left an area of land unattended and in need of regular maintenance. DISCUSSION The current Agreements for landscape maintenance services for both Azteca Landscape and Marina Landscape provide for regular maintenance activities such as turf mowing, weeding and irrigation maintenance. However, it does not specifically provide for additional landscape services that occur outside the Scope of Work, such as traffic accident repairs, vandalism, or minor landscape improvement projects. The City 77 Honorable City Council January 18, 2012 Page 2 Council is being asked to approve Amendment No. 1, a fifteen percent (15 %) contingency to both the Azteca Landscape Agreement and Marina Landscape Agreement for various landscape services that fall outside the Scope of Work for landscape maintenance services. Staff will continue to follow City policy and obtain competitive bids as required for additional services that exceed the City's limit of $5,000. The area within the Buttercreek Park parcel that has been left vacant is approximately three (3) acres in size. This piece of property is directly adjacent to the rear of the homes that span from Clearcreek Court to an area approximately 1,000 feet east of Daisy Court. Many of the homes adjacent to this vacant piece of property have wrought iron fences and views across the nursery and Arroyo to the south. Prior to down - sizing, this area was maintained by Boething Tree Farm, Inc. as a condition of their Lease Agreement. However, due to a reduction in the size of their operation, this area has been removed from their lease and ultimately, it has not been maintained as funding to maintain this property was not included in the FY 11/12 budget. Staff has solicited bids to provide quarterly weed abatement services and has determined that the annual cost for this service is $5,520. FISCAL IMPACT There is no fiscal impact to FY 2011/12 budget for a fifteen percent (15 %) contingency to both the Azteca Landscape Agreement and Marina Landscape Agreement for various landscape services. Funding has been provided in the respective operating budgets: Azteca Landscape's current annual Agreement for landscape maintenance services for the City's Landscape Maintenance Districts is $461,183. Staff recommends Amendment No. 1, increasing the not to exceed amount under their agreement by fifteen percent (15 %) in the amount of $69,177 for additional landscape services, and $5,520 for quarterly weed abatement services at Buttercreek Park, to total a not to exceed amount of $535,880. Marina Landscape's current annual Agreement for landscape maintenance services for the City Parks is $302,816. Staff recommends Amendment No. 1, increasing the not to exceed amount under their agreement by fifteen percent (15 %) in the amount of $45,224 for additional landscape services, to total a not to exceed amount of $348,238. The cost to maintain the vacant area of property within the Buttercreek Park parcel was not included in the FY 2011/12 budget. Staff is requesting an additional appropriation from the General Fund Reserve (1000) in the amount of $5,520 to the Parks Division (7800). STAFF RECOMMENDATION (Roll Call Vote) 1. Adopt Resolution No. 2012- Honorable City Council January 18, 2012 Page 3 2. Approve Amendment No. 1, a fifteen percent (15 %) contingency in the amount of $69,177 for various landscape services and $5,520 for weed abatement services at Buttercreek Park, to the Azteca Landscape Agreement, and authorize City Manager to execute the Amendment, subject to final language approval by the City Manager and City Attorney; and 3. Approve Amendment No. 1, a fifteen percent (15 %) contingency in the amount of $45,224 for various landscape services, to the Marina Landscape Agreement, and authorize City Manager to execute the Amendment, subject to final language approval by the City Manager and City Attorney; and Attachments: 1. Draft Resolution 2. Amendment No. 3. Amendment No. 1 — Azteca Landscape 1 — Marina Landscape 79 Honorable City Council January 18, 2012 Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2011/12 BUDGET TO ALLOCATE $5,520 FROM THE GENERAL FUND (1000) TO THE PARKS DIVISION (7800) FOR THE MAINTENANCE OF BUTTERCREEK PARK WHEREAS, on June 15, 2011, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2011/12; WHEREAS, a staff report has been presented to said Council recommending the need to provide weed abatement services at Buttercreek Park in the amount of $5,520; and WHEREAS, an additional appropriation of $5,520 is requested from the General Fund (1000) to the Parks Division (7800) to provide weed abatement services, 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. A budget amendment allocating $5,520 from the General Fund (1000) for weed abatement services at Buttercreek Park, more particularly described in Exhibit "A" attached hereto is hereby approved. 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 18th day of January, 2012. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A — Budget Amendment -e Honorable City Council January 18, 2012 Page 5 EXHIBIT A BUDGET AMENDMENT FOR THE GENERAL FUND FOR WEED ABATEMENT SERVICES AT BUTTERCREEK PARK FY 2011/12 FUND ALLOCATION FROM: FUND TITLE FUND ACCOUNT NUMBER AMOUNT General Fund 1000 -5500 $5,520 $5,520 $5,520 Total $5,520 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: BUDGET NUMBER CURRENT BUDGET REVISION ADJUSTED BUDGET 1000 - 7800 - 7820 -9331 $0 $5,520 $5,520 Total $0 $5,520 $5,520 �� �: Finance approval: ' •� M. N Attachment No. 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND AZTECA LANDSCAPE, INC., FOR ADDITIONAL LANDSCAPE SERVICES THIS AMENDMENT TO AGREEMENT, made and entered into this day of , 2012, by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and Azteca Landscape, Inc., a corporation, hereinafter referred to as "Contractor ". WITNESSETH Whereas, on June 21, 2011, the City and Contractor entered into an Agreement pertaining to landscape maintenance services to be performed at the City's Landscape Maintenance Districts; and Whereas, the City now desires additional landscape maintenance services and wishes to document said Agreement by jointly approving this Amendment No. 1 to the June 21, 2011 Agreement. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, that parties hereto agree and amend the aforesaid Agreement as follows.. I. Section 2, Scope of Services, is amended to include: Various landscape repair and installation services at various City Landscape Maintenance Districts or other City properties. Contractor shall not be compensated for any services rendered in connection with its performance unless such additional services are authorized in advance and in writing through a Work Order form or other written authorization approved by the City Manager; and Quarterly weed abatement services at Buttercreek Park. The Scope of Services for the additional services is described in the Contractor's proposal, attached hereto and incorporated herein as Exhibit C to the Agreement by this First Amendment. II. Section 5, Payment, is amended to: Increase the not to exceed amount of $461,183 under this Agreement by $69,177 for various landscape repairs and $5,520 for weed abatement services, to total a not to exceed amount of $535,880. Page 2 Azteca Landscape, Inc. - Amendment No. 1 Remaining Provisions: All other terms and provisions of the original Agreement shall remain in full force and effect. CITY OF MOORPARK Steven Kueny, City Manager ATTEST: Maureen Benson, City Clerk Attachment: Exhibit C AZTECA LANDSCAPE, INC. Rosa Lopez, Vice - President S: \Community Services\ADMINISTRATIVE \Contracts & Agreements \Landscape Maintenance Contracts\Azteca Landscape\Azteca 2011 Agreement\Azteca Amendment No. 1.doc S Amount Original Agreement Price $ 461,183.00 15% Contingency for various repairs $ 69,177.00 Buttercreek Park weed abatement $ 5,520.00 Amendment No. 1 Total $ 535,880.00 Remaining Provisions: All other terms and provisions of the original Agreement shall remain in full force and effect. CITY OF MOORPARK Steven Kueny, City Manager ATTEST: Maureen Benson, City Clerk Attachment: Exhibit C AZTECA LANDSCAPE, INC. Rosa Lopez, Vice - President S: \Community Services\ADMINISTRATIVE \Contracts & Agreements \Landscape Maintenance Contracts\Azteca Landscape\Azteca 2011 Agreement\Azteca Amendment No. 1.doc S A-&TECA LANDSCAPE 1027 E. Acacia Street, Ontario, CA 91761 800 - 794 -0063 Fax: 909 -073 -9192 www.aztecalandscape.com TO: City of Moorpark Parks, Recreation & Community Svcs Dept. 799 Moorpark Ave. Moorpark, CA 93021 EXHIBIT C Proposal DATE NUMBER 10/18/2011 4687 Weed abatement and shrub trimming 805 517 -6283 805 532 -2550 We hereby submit specifications and estimates for: Total I Weed abatement and shrub trimming near Pepper Mill Street along the creek. Total yearly cost PAYMENT TERMS: Net 30 Days Ai materid is guaranteed to be as spedW. All work to be compreteo in a prwessonai manner according to standard prandices. Any alteration or deviation from above spedficabons involving extra casts wil be executed only upon written orders and will beoome an extra charge over and above the estimate. All agreemerrls contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tomado, and other Total Authorized Signature 4,800.00 $4,800.00 necessary insurance. Our workers are tully covered by Worker's Compensation Note: This proposal may be withdrawn by us, inauenrn if not accepted withing 30 days. Acceptance of The above pm, specilications and conditions are sahstactory and are hereby accepted. You are authorized to do the work as spedW Payrnent wiu be made as outlined above. Date of Acceptance Signature 84 Attachment No. 2 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND MARINA LANDSCAPE, INC., FOR ADDITIONAL LANDSCAPE SERVICES THIS AMENDMENT TO AGREEMENT, made and entered into this day of , 2012, by and between the City of Moorpark, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as "City" and Marina Landscape, Inc., a corporation, hereinafter referred to as "Contractor ". WITNESSETH Whereas, on June 30, 2011, the City and Contractor entered into an Agreement pertaining to landscape maintenance services to be performed at various City Parks; and Whereas, the City now desires additional landscape services and wishes to document said Agreement by jointly approving this Amendment No. 1 to the June 30, 2011 Agreement. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, that parties hereto agree and amend the aforesaid Agreement as follows: I. Section 2, Scope of Services, is amended to include: Various landscape repair and installation services at various City Parks or other City properties. Contractor shall not be compensated for any services rendered in connection with its performance unless such additional services are authorized in advance and in writing through a Work Order form or other written authorization approved by the City Manager. II. Section 5, Payment, is amended to: Increase the not to exceed amount of $302,816 under this Agreement by $45,422 for various landscape repairs, to total a not to exceed amount of $348,238. Amount Original Agreement Price $ 302,816 15% Contingency for various repairs $ 45,422 Amendment No. 1 Total $ 348,238 Page 2 Marina Landscape, Inc. - Amendment No. 1 III. Remaining Provisions: All other terms and provisions of the original Agreement shall remain in full force and effect. CITY OF MOORPARK Steven Kueny, City Manager ATTEST: Maureen Benson, City Clerk Attachment: Exhibit C MARINA LANDSCAPE, INC. Robert Cowan, President S: \Community Services\ADMINISTRATIVE \Contracts & Agreements \Parks \Marina \Marina Amendment No. 1 b.doc S.