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Home My WebLink AboutAGENDA REPORT 2017 0524 CCSA SPC ITEM 05A • ITEM 5.A CITY OF MOORPARK,CALIFORNIA City Council Meeting of_.. S a��ooi ACS'ION:/��w MOORPARK CITY COUNCIL 4(441-, AGENDA REPORT „ � An.-1 8Y: TO: The Honorable City Council 1 j FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Jessica Sandifer, Program Managere DATE: May 18, 2017 (Special CC Meeting o•5/24/17) SUBJECT: Consider Amendment No. 2 to Agreement with The Adjul Corporation dba Lee Construction for the Recreational Trail Project at Arroyo Vista Community Park (AVCP) (CIP Project C0018) and Resolution Amending the Fiscal Year 2016117 Budget BACKGROUND On October 2, .2013 the City Council approved a conceptual plan for a proposed recreational trail system at Arroyo Vista Community Park (AVCP) and on.November 20, 2013, Penfield and Smith (since acquired by Stantec) was hired to prepare the plans and specifications for the Recreational Trail Improvements at AVRC. On February 5, 2014, the.City Council approved the project plans and specifications in order for staff to apply for the Land and Water Conservation Fund (LWCF) Grant. In September 2014, the City was notified that an LWCF Grant had been awarded to the project in the amount of$500,000. On January 20, 2016, the City Council approved the revised plans and authorized staff to go to bid on the project. The original bid due date was April 5, 2016 but was extended to April 11, 2016, due to some questions that arose during the bidding process. Three bids were received from pre-qualified contractors by the extended bid due date of April 11, 2016. Unfortunately, the low bidder did not meet the self-performance requirement. In addition, the project costs came in almost $400,000 higher than the engineer's estimate. Due to these issues, on April 20, 2016, the City Council rejected all the bids and re-authorized the project to go out to bid. On July 20, 2016,. the City Council awarded the construction contract to The Adjul Corporation dba Lee Construction (Lee Construction). The Notice to Proceed for the project was issued on October 4, 2016. On March 1, 2017, the City Council approved Amendment No. 1 to the Agreement which increased the contingency amount by $100,000, from $367,358 to $467,358 to account for unforeseen changes to the project including relocation of domestic and irrigation water mainlines, addition of concrete mow curbs in place of redwood headers 1 Honorable City Council May 24, 2017 Page 2 along the edges of the trail, widening the trail from 10' to 12', and purchase of additional redwood lumber for the fence. DISCUSSION The Recreational Trail Project is almost completed. However, a landscape plan for the expansion of Parking Lot D was never completed. The expansion of Parking Lot D was designed well after the completion of.the design of the trail project and there was not time to prepare a landscape plan prior to bidding the project. In addition, several field changes were completed at the east end of Parking Lot C. These changes were necessary in order to avoid the relocation of an existing utility pole owned by Southern California Edison. The changes in the parking lot layout created additional planting areas. Staff has prepared a landscape plan for Parking Lots C and D. The landscape plans consist of drought tolerant and California native plant species and are consistent with the plant material specified in the landscape plans that were approved for the trail project. These landscaped areas will visually enhance the park and, once established, will require minimal watering to maintain. Staff estimates that the additional landscaping will cost approximately $60,000. However, there is not enough contingency to complete this work. Staff has prepared an amendment to the Lee Construction contract to add $60,000 to the contingency and is requesting a budget amendment for this work. FISCAL IMPACT Lee Construction's original not-to-exceed contract amount was $4,040,939 which included a contingency of$367,358. Amendment#1 added $100,000 to the contingency increasing the total contract amount to $4,140,939. Amendment #2 will add $60,000 to the contingency making the new total contract amount $4,200,939. A budget amendment of $60,000 from the Community Wide Park Development Fund (2010) is being requested for the additional contingency funding for the landscape work. STAFF RECOMMENDATION (ROLL CALL VOTE) 1. Approve Amendment No. 2 to Agreement with The Adjul Corporation dba Lee Construction in the amount of $60,000 and authorize the City Manager to sign the Amendment, subject to final language approval of the City Manager; and 2. Adopt Resolution No. 2017- , amending FY 2016/17 budget for additional contingency costs. Attachment— 1. Amendment No. 2 2. Resolution No. 2017- 2 ATTACHMENT 1 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE ADJUL CORPORATION DBA LEE CONSTRUCTION COMPANY, FOR RECREATIONAL TRAIL PROJECT AT ARROYO VISTA COMMUNITY PARK This Amendment No. 2 to the Agreement between the City of Moorpark, a municipal corporation ("City"), and The Adjul Corporation, a corporation, dba Lee Construction Company ("Contractor"), for construction services related to the recreational trail project at Arroyo Vista Community Park ("Agreement"), is made and entered into the day of , 2017. RECITALS WHEREAS, on August 24, 2016 the City and Contractor entered into an Agreement to have the. Contractor provide construction services related to the recreational trail project at Arroyo Vista Community Park; and WHEREAS, on March 17, 2017, the City and Contractor amended the Agreement to increase the contingency amount from three hundred sixty-seven thousand three hundred fifty-eight dollars ($367,358.00), by one hundred thousand dollars ($100,000.00), for a total contingency amount of four hundred sixty-seven thousand three hundred fifty-eight dollars ($467,358.00), which will increase the total contract value from four million forty thousand nine . hundred thirty-nine dollars ($4,040,939.00), to a total contract value of four million one hundred forty thousand nine hundred thirty-nine dollars ($4,140;939.00); and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor by increasing the contingency amount from four hundred sixty-seven thousand three hundred fifty-eight dollars ($467,358.00), by sixty thousand dollars ($60,000.00), for a total contingency amount of five hundred twenty-seven thousand three hundred fifty-eight dollars ($527,358.00), which will increase the total contract value from four million one hundred forty thousand nine hundred thirty-nine dollars ($4,140,939.00), to a total contract value of four million two hundred thousand nine hundred thirty-nine dollars ($4,200,939.00), and document said Agreement to amend by jointly approving Amendment No. 2 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 paragraph three in its entirety as follows: . "Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B. Compensation shall not exceed the rates or total value of three million six hundred seventy-three thousand five 3 • hundred eighty-one dollars ($3,673,581.00) as stated in Exhibit B, plus contingency of five hundred twenty-seven thousand three hundred fifty- eight dollars ($527,358.00), for a total contract value of four million two. hundred thousand nine hundred thirty-nine dollars ($4,200,939.00), without a written amendment to the Agreement executed by both parties. Payment by City to Contractor shall be 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 Exhibit B, 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 million six hundred seventy-three thousand five hundred eighty-one dollars ($3,673,581.00) as stated in Exhibit B, plus contingency of five hundred twenty-seven thousand three hundred fifty-eight dollars ($527,358.00), for a total contract,value of four million two hundred thousand nine hundred thirty-nine dollars ($4,200,939.00), for the total term of the Agreement unless additional payment is approved as provided in this Agreement." III. Remaining Provisions: Except as revised by this Amendment No. 2, all of the provisions of the Agreement shall remain in full force and effect. In Witness Whereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK THE ADJUL CORPORATION dba Lee Construction Company Steven Kueny Richard Smith City Manager President Attest: Maureen Benson, City Clerk Amendment No. 2 to Agreement between City of Moorpark and Page 2 The Adjul Corporation dba Lee Construction Company 4 ATTACHMENT 2 RESOLUTION NO. 2017- A RESOLUTION OF CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2016/2017 BUDGET BY APPROPRIATING $60,000.00 FROM THE COMMUNITY WIDE PARK DEVELOPMENT FUND (2010) FOR THE RECREATIONAL TRAIL PROJECT AT ARROYO VISTA COMMUNITY PARK (CIP C0018) WHEREAS, on June 15, 2016, the City of Moorpark adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2016/17, which included an appropriation of $1,407,831.00 for the Recreational Trail Project at Arroyo Vista Community Park (CIP C0018); and WHEREAS, on July 20, 2016,the City Council adopted Resolution No. 2016- 3533 which allocated $2,914,430.00 from various funds to the Recreational Trail Project at Arroyo Vista Community Park (CIP C0018) for construction and construction management of the project; and • WHEREAS, on November 16, 2016, the City Council adopted Resolution No. 2016-3561 which allocated $47,277.10 from various funds to the Recreational Trail Project at Arroyo Vista Community Park (CIP C0018) for additional construction management of the project; and WHEREAS, on March 1, 2017, the City Council adopted Resolution No. 2017- 3583 which allocated $100,000 from the Community Wide Park Development Fund (2010) to fund additional contingency costs for the Recreational Trail Project at Arroyo Vista Community Park (CIP C0018); and WHEREAS, a staff report has been presented to the City Council requesting funding for additional contingency costs for additional landscaping for the project; and WHEREAS, an aggregate budget amendment of $60,000.00 is requested from the Community Wide Park Development Fund (2010) to fund the additional contingency costs for the Recreational Trail Project at Arroyo Vista Community Park; and WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: 5 Resolution No. 2017- Page 2 SECTION 1. An aggregate budget expenditure increase of $60,000.00 from the Community Wide Park Development Fund (2010), as 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 24th day of May, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A— Budget Amendment 6 Resolution No. 2017- Page 3 EXHIBIT A BUDGET AMENDMENT FOR COMMUNITY WIDE PARK DEVELOPMENT FUND (2010) FOR ADDITIONAL CONTINGENCY FUNDING FOR ADDITIONAL LANDSCAPING FOR RECREATIONAL TRAIL PROJECT AT ARROYO VISTA COMMUNITY PARK(CIP C0018) FY 2016/17 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount Community Wide Fund 2010-000-00000-33990 $ 60,000.00 Total $ 60,000.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 2001-541-00018-55200 $ 1,950,522.10 $ 1,950,522.10 2001-541-00018-55300 _ $ 48,574.70 $ 48,574.70 2010-541-00018-55200 $ 1,818,499.00 $ 60,000.00 $ 1,878,499.00 2010-541-00018-55300 $ 22,248.00 $ 22,248.00 2010-541-00018-55010 $ 98,896.00 $ 98,896.00 2409-541-00018-55200 $ 500,000.00 $ 500,000.00 2411-541-00018-55200 $ 66,000.00 $ 66,000.00 $ $ Total $ 4,504,739.80 $ 60,000.00 $ 4,564,739.80 Finance Approval: 7