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Home My WebLink AboutAGENDA REPORT 2018 0404 CCSA REG ITEM 10G CITY OF MOORPARK, CALIFORNIA City of Moorpark of April 4, 2018 Item: 10.G. ACTION Approved staff recommendation Adopted 1 eso No 2018-3693 By M Benson MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director PREPARED BY: Jessica Sandifer, Community Services Manager Chris Ball, Management Analyst DATE: March 22, 2018 (Meeting of April 4, 2018) SUBJECT: Consider Amendment No. 5 to Agreement with Mitch Maki and John McKeehan DBA Maintenance Masters and Resolution Amending Fiscal Year 2017/18 Budget to Fund Concrete Repairs at the Community Center BACKGROUND & DISCUSSION On March 15, 2017, the City Council approved a 4th Amendment to the Agreement with Mitch Maki and John McKeehan DBA Maintenance Masters (Maintenance Masters) to extend the term of their Agreement to June 30, 2018 and increase the annual compensation in their agreement to $75,000 Over the course of the Fiscal Year, the agreement with Maintenance Masters has been utilized to make a variety of repairs at various City facilities and parks Recently, staff has become aware of an issue within the patio area between the Community Center and the Administrative Services Building, directly adjacent to the large conference room The concrete patio slopes towards the building, rather than away from the building and towards the storm drain During periods of rain, water tends to pond on the west side of the tubular steel access gate Additionally, a roof drain, as well as a drain line that captures condensation from the roof top heating, ventilation and air conditioning (HVAC) system also drains onto the patio in this general area The HVAC equipment creates condensation year round and drains directly onto the patio area Staff feels that the patio should be replaced to correct the water ponding problem, and the drain lines should be installed below grade and directed to the storm drain Maintenance Masters provided a quote to repair the concrete patio However, this work would exceed the compensation allowed under their Agreement Staff is recommending 81 Moorpark City Council April 4, 2017 Regular Meeting Page 2 an amendment to the Agreement for the concrete repair, and extending the term of the Agreement until August 31, 2018 to ensure that the work can be completed and the invoice paid, prior to the end of the contract term. The term of the Agreement currently expires on June 30, 2018. FISCAL IMPACT The cost to replace the concrete patio and install below grade drain lines is $19,500. Staff is recommending an increase to the Agreement with Maintenance Masters by $25,000, to cover the cost of this work and any other unforeseen work during the term period. The total contract value would increase from $175,000 to $200,000. There is not enough funding in the Civic Center (F0001) property maintenance account to pay for the work. Staff is requesting a budget amendment from the General Fund (1000) for $25,000 to fund the concrete repairs. STAFF RECOMMENDATION ROLL CALL VOTE 1) Approve Amendment No. 5 to Agreement with Mitch Maki and John McKeehan DBA Maintenance Masters, and authorize the City Manager to sign the Amendment, subject to the final language approval of the City Manager; and 2) Adopt Resolution No. 2018-_______, amending the FY 2017/18 budget to fund concrete repairs at the Civic Center. Attachment 1: Amendment No. 5 to Agreement with Mitch Maki and John McKeehan DBA Maintenance Masters Attachment 2: Draft Resolution No. 2018-________ 82 ATTACHMENT 1 AMENDMENT NO. 5 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND MITCH MAKI AND JOHN MCKEEHAN DBA MAINTENANCE MASTERS FOR CONSTRUCTION SERVICES AT VARIOUS MOORPARK LANDSCAPE MAINTENANCE DISTRICTS, PARKS, FACILITIES AND CITY PROPERTIES This Amendment No. 5 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and Mitch Maki and John McKeehan DBA Maintenance Masters, a partnership (“Contractor”), for construction services at various Moorpark landscape maintenance districts, parks, facilities and City properties (“Agreement”), is made and entered into the _____ day of ____________________, 2018. RECITALS WHEREAS, on June 26, 2015, the City and Contractor entered into an Agreement to have the Contractor provide construction services at various Moorpark landscape maintenance districts, parks, facilities and City properties; and WHEREAS, on October 27, 2015, the City and Contractor amended the Agreement and entered into and approved Amendment No. 1 to change the Contractor’s name from Construction Masters DBA Maintenance Masters to Mitch Maki and John McKeehan DBA Maintenance Masters; and WHEREAS, on December 23, 2015, the City and Contractor amended the Agreement and entered into and approved Amendment No. 2 to extend the term for one (1) additional year and increase the compensation by a value of fifty thousand dollars ($50,000), for a total contract value of one hundred thousand dollars ($100,000); and WHEREAS, on December 9, 2016, the City and Contractor amended the Agreement and entered into and approved Amendment No. 3 to extend the term for one (1) additional year and increase the compensation by a value of fifty thousand dollars ($50,000), for a total contract value of one hundred thousand dollars ($150,000); and WHEREAS, on April 21, 2017, the City and Contractor amended the Agreement and entered into and approved Amendment No. 4 to extend the term to June 30, 2018, and increase the compensation to seventy-five thousand dollars ($75,000) annually, for a total contract value of one hundred seventy-five thousand dollars ($175,000); and WHEREAS, the City and Contractor now desire to amend the Agreement to extend the term to August 30, 2018, and increase the compensation for services to be performed by the Contractor by twenty-five thousand dollars ($25,000), for a total contract value of two hundred thousand dollars ($200,000), and document said agreement to amend by jointly approving Amendment No. 5 to the Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties to the Agreement as follows: 83 I. Section 1, TERM, is amended by replacing this section in its entirety as follows: “The term of the Agreement shall be from the date of execution until August 30, 2018, unless this Agreement is terminated or suspended pursuant to this Agreement.” II. 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 C. Compensation shall not exceed the rates or total contract value of two hundred thousand dollars ($200,000), without a written Amendment to the Agreement executed by both parties. Period maximum payments to Contractor are as follows: Term Period Maximum Period 1 6/26/15 – 6/30/16 $50,000 Period 2 7/1/16 – 6/30/17 $50,000 Period 3 7/1/17 – 8/31/18 $100,000 Total Payment: $200,000 “ Payment by City to Contractor shall be as referred to in this Agreement” III. 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 Exhibit C, based upon actual time spent on the above tasks. Total contract value shall not exceed two hundred thousand dollars ($200,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Period maximum payments to Contractor are as follows: Term Period Maximum Period 1 6/26/15 – 6/30/16 $50,000 Period 2 7/1/16 – 6/30/17 $50,000 Period 3 7/1/17 – 8/31/18 $100,000 Total Payment: $200,000 ” Amendment No. 5 to Agreement between Page 2 City of Moorpark and Mitch Maki and John McKeehan dba Maintenance Masters 84 IV. Remaining Provisions: Except as revised by this Amendment No. 5, all of the provisions of the Agreement shall remain in full force and effect. In W itness W hereof, the parties hereto have caused this Amendment to be executed the day and year first above written. CITY OF MOORPARK MITCH MAKI AND JOHN MCKEEHAN DBA MAINTENANCE MASTERS _______________________________ _______________________________ Troy Brown City Manager Mitch Maki, General Partner Attest: John McKeehan, Qualify Partner _______________________________ Maureen Benson, City Clerk Amendment No. 5 to Agreement between Page 3 City of Moorpark and Mitch Maki and John McKeehan dba Maintenance Masters 85 ATTACHMENT 2 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2017/18 BUDGET BY APPROPRIATING $25,000 FROM THE GENERAL FUND (1000) FOR CONCRETE REPAIRS AT THE CIVIC CENTER (COST CENTER NO. F0001) WHEREAS on June 21, 2017, the City of Moorpark adopted the Operating and Capital Improvement Projects budget for Fiscal Year (FY) 2017/18; and WHEREAS, a staff report has been presented to City Council requesting additional funding to repair concrete at the Civic Center (Cost Center No. F0001); and WHEREAS, an aggregate budget amendment of $25,000 is requested from the General Fund (1000) to fund the concrete repair work; and WHEREAS, Exhibit “A”, attached hereto and made a part hereof, describes said budget amendment and the resultant impact to the budget line item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. An aggregate budget amendment in the amount $25,000 from the General Fund (1000), as more particularly described in Exhibit “A”, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of April, 2018. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A – Budget Amendment 86 Resolution No. 2018-____ Page 2 EXHIBIT A BUDGET AMENDMENT FOR GENERAL FUND (1000) FOR CONCRETE REPAIRS AT THE CIVIC CENTER FISCAL YEAR 2017/18 FUND BALANCE ALLOCATION: Account Number Amount 1000-000-00000-33990 25,000.00$ -$ 25,000.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-171-F0001-53000 119,836.50$ 25,000.00$ 144,836.50$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Total:119,836.50$ 25,000.00$ 144,836.50$ Fund Title General Fund Total: 87