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Home My WebLink AboutAGENDA REPORT 2017 0405 CCSA REG ITEM 10H ITEM 10.H. c!TY 0FMOORPARK,CALIFORNIA City Council Meeting MOORPARK CITY COUNCILof AGENDA REPORT ACTION; n TO: The Honorable City Council . FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Chris Ball, Management Analyst C1:5 DATE: March 7, 2017 (CC Meeting of March 15, 2017) SUBJECT: Consider Amendment No. 3 to Agreement with Mariposa Landscapes, Inc. BACKGROUND AND DISCUSSION On December 23, 2014 the City and Mariposa Landscapes, Inc. (Mariposa), entered into an agreement pertaining to tree maintenance services in the City's parks, Landscape Maintenance Districts (LMD's), various City properties and within the City Rights-of-way. The agreement included an initial two year term with an option to extend the agreement for three additional one year periods, at a cost of $256,795 annually. The total contract value was $1,283,975 over the five year term. On June 1, 2016 the City Council approved Amendment No. 1 for the removal of trees along the Tierra Rejada Road corridor at a total cost of$334,788. On June 15, 2016 the City Council adopted the FY 16/17 Maintenance and Operations Budget for tree maintenance services, which provided $464,350 for tree trimming services. This was an increase of $207,555 more than what was allocated under the agreement. The reason for the budget increase was due to deferred tree maintenance operations. On September 28, 2016 Amendment No. 2 was executed to extend the term of the Agreement for one additional year. However, Amendment No. 2 only included compensation in the amount of $256,795 for the additional term. Staff is requesting that the City Council consider Amendment No. 3 with Mariposa to increase the annual compensation from $256,795 annually to $464,350 annually, which includes the additional $207,555 in funding that was provided in the FY 16/17 budget. 76 City Council Meeting March 15, 2017 Page 2 The total contract value is summarized as follows: Cost Total Contract Value Agreement $513,590 $513,590 Amendment No. 1 $334,788 $848,378 Amendment No. 2 $256,795 $1,105,173 Amendment No. 3 $207,555 $1,312,728 Amendment No. 2 extended the term of the Agreement to September 30, 2017. The Agreement allows for two additional one year terms, which would bring the total contract value to $2,241,428 over the five year term of the agreement. FISCAL IMPACT The FY 16/17 Maintenance and Operations Budget includes funding for this work. STAFF RECOMMENDATION ROLL CALL VOTE Approve Amendment No. 3 with Mariposa to increase the annual compensation from $256,795 annually to $464,350 annually, subject to final language approval by the City Manager. Attachment:.Amendment No. 3 77 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND MARIPOSA LANDSCAPE, INC., FOR TREE MAINTENANCE SERVICES This Amendment No. 3 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and Mariposa Landscapes, Inc., a corporation ("Contractor"), for tree maintenance services ("Agreement"), is made and entered into this day of , 2017. RECITALS WHEREAS, on December 23, 2014, the City and Contractor entered into an Agreement to have the Contractor provide tree maintenance services; and WHEREAS, on June 1, 2016, the City and Contractor amended the Agreement to include removal of trees along the Tierra Rejada Road corridor, and increase the compensation for services to be performed by Contractor from five hundred thirteen thousand five hundred ninety dollars ($513,590), by a value of three hundred thirty-four thousand seven hundred eighty-eight dollars ($334,788), for a total contract value of eight hundred forty-eight thousand three hundred seventy-eight dollars ($848,378), and documented said Agreement to amend by jointly approving Amendment No. 1 to the Agreement; and WHEREAS, on September 28, 2016, the City and Contractor amended the Agreement to extend the term for one (1) additional year expiring on September 30, 2017, and increase the compensation for services to be performed by Contractor from eight hundred forty-eight thousand three hundred seventy-eight dollars ($848,378), by two hundred fifty-six thousand seven hundred ninety-five dollars ($256,795), for a total contract value of one million one hundred five thousand one hundred seventy-three dollars ($1,105,173), and documented said Agreement to amend by jointly approving Amendment No. 2 to the Agreement; and WHEREAS, the City and Contractor now desire to amend the Agreement to increase compensation for services to be performed by Contractor from one million one hundred five thousand one hundred seventy-three dollars ($1,105,173), by two hundred seven thousand five hundred fifty-five dollars ($207,555), for an annual value of four hundred sixty-four thousand three hundred fifty dollars ($464,350), and a total contract value of one million three hundred twelve thousand seven hundred twenty-eight dollars ($1,312,728), and document said Agreement to amend by jointly approving Amendment No. 3 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: . 78 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, Contractor Performance Requirements and Exhibit D, Scope of Work, and Exhibit E, Tree Service Proposal, all of which are attached hereto and incorporated herein by this reference as though set forth in full. Compensation for services to be performed by Contractor shall be in accordance with Exhibits B and E. Compensation shall not exceed three hundred thirty-four thousand seven hundred eighty-eight dollars ($334,788), which includes a contingency of forty-three thousand six hundred sixty-eight dollars ($43,668), for removal of trees along the Tierra Rejada Road corridor, or five hundred thirteen thousand five hundred ninety dollars ($513,590) for the initial twenty-four (24) month term of the Agreement and four hundred sixty-four thousand three hundred fifty dollars ($464,350) annually thereafter for all other services performed under this Agreement, 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 the first paragraph 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 and E, 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 three hundred thirty-four thousand seven hundred eighty- eight dollars ($334,788) for removal of trees along the Tierra Rejada Road corridor, and for all other services performed under this Agreement five hundred thirteen thousand five hundred ninety dollars ($513,590) for the initial twenty-four (24) month term of the Agreement, and four hundred sixty-four thousand three hundred fifty dollars ($464,350) for every subsequent year that the contract is extended, which extensions require a written Amendment to this Agreement executed by both parties, for a total contract value of one million three hundred twelve thousand seven hundred twenty-eight dollars ($1,312,728), unless additional payment is approved as provided in this Agreement." III. Remaining Provisions: Except as revised by this Amendment No. 3, all of the provisions of the Agreement shall remain in full force and effect. 79 In Witness Whereof, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK MARIPOSA LANDSCAPES, INC. Steven Kueny Terry Noriega City Manager President Attest: Maureen Benson City Clerk 80