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Home My WebLink AboutAGENDA REPORT 2018 0606 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 6, 2018 ACTION Approved staff Recommendation. Adopted Reso No. 2018-3712 BY M. Benson Consider Close-Out Actions for the Project to Repair the Slope of Lot “Q” Meridian Hills Tract 5187: Amendment No. 1 to The Adjul Corporation DBA Lee Construction Co. Agreement; Adopt Resolution to Amend 2017-18 Budget; and Approve Notice of Completion. Item: 10.H. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Sean Corrigan, City Engineer/Public Works Director DATE: May 23, 2018 (CC Meeting of 06/06/18) SUBJECT: Consider Close-Out Actions for the Project to Repair the Slope of Lot “Q” Meridian Hills Tract 5187: Amendment No. 1 to The Adjul Corporation DBA Lee Construction Co. Agreement; Adopt Resolution to Amend 2017-18 Budget; and Approve Notice of Completion BACKGROUND/DISCUSSION On October 4, 2017, Council approved the award of a construction contract to The Adjul Corporation DBA Lee Construction Co. to repair the slope of Lot “Q” Meridian Hills. The final element of the project, restoration of the trail and fence, was completed on February 13, 2018. Staff has prepared the attached contract amendment for the single change order for the work, replacement of an undocumented drain line, Attachment 1. The original estimate for this project was $75,000. The final cost including legal services, printing, slope protection, design, construction and tests/inspection total nearly $88,000. Staff prepared the attached resolution to fully fund the project, Attachment 2. Staff has prepared the required Notice of Completion for this project, Attachment 3. FISCAL IMPACT The FY 2017/18 budget includes $75,000 (1000-223-M0036-53000) for this project. The City’s FY 2017/18 actual expense is $87,762.68. Staff recommends that the budget be amended to transfer $13,000 from the General Fund to the project expense account. The City reduced the amount payable to Charles Abbott and Associates as reimbursement for this expense. The General Fund received $85,423 in reimbursable expenses and $12,813 in administrative fees; for a total of $98,236. That payment has been used to offset the cost of repairs. Item: 10.H. 714 STAFF RECOMMENDATION ROLL CALL VOTE 1. Authorize the City Manager to execute Amendment No. 1; 2. Adopt Resolution No. 2018-____; and 3. Authorize the City Clerk to file the Notice of Completion. Attachment: 1. Amendment No. 1 2. Resolution 2018 – 3. Notice of Completion 715 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE ADJUL CORPORATION DBA LEE CONSTRUCTION CO., FOR REPAIR OF SLOPE OF LOT “Q” MERIDIAN HILLS PROJECT M0036 This Amendment No. 1 to the Agreement between the City of Moorpark, a municipal corporation (“City”), and The Adjul Corporation DBA Lee Construction Co. (“Contractor”) for the repair of slope of Lot “Q” Meridian Hills (“Agreement”), is made and entered into the ___ day of ____________________, 2018. RECITALS WHEREAS, on October 23, 2017 the City and Contractor entered into an Agreement to have the Contractor provide construction services; and WHEREAS, additional funds are necessary for the Contractor to complete contract closeout of the project as detailed in Exhibit E; and WHEREAS, the City and Contractor now desire to amend the Agreement to increase the compensation for services to be performed by Contractor from thirty six thousand one dollars ($36,001.00), by a value of seven thousand seven hundred ninety six dollars and twelve cents ($7,796.12) for a total contract value of forty three thousand seven hundred ninety seven dollars and twelve cents ($43,797.12) 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: I. The third paragraph of Section 2, SCOPE OF SERVICES, is amended by adding this paragraph as follows: “Compensation for the construction services to be performed by Contractor shall be increased in accordance with the change order, Exhibit D. Compensation shall not exceed the total contract value of forty three thousand seven hundred ninety seven dollars and twelve cents ($43,797.12) as stated in Section 5, without the written Amendment to this Agreement executed by both parties. Payment by the City to the Contractor shall be in accordance with the provisions of this Agreement.” II. Remaining Provisions: Except as revised by this Amendment No. 1, all of the provisions of the Agreement shall remain in full force and effect. 716 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 The Adjul Corporation DBA Lee Construction Co. _______________________________ _______________________________ Troy Brown City Manager Richard L. Smith President Attest: _______________________________ Maureen Benson City Clerk 717 718 719 RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2017/2018 BUDGET BY APPROPRIATING $13,000.00 FROM THE GENERAL FUND (1000) FOR SLOPE REPAIR LOT Q MERIDIAN HILLS (M0036) 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, the City Council authorized repairs to be made on the slope of Lot Q within Meridian Hills on October 4, 2017; and WHEREAS, the City General Fund received reimbursement from Charles Abbott and Associates in the amount of $98,236.00; and WHEREAS, a budget amendment of $13,000.00 is requested from the General Fund (1000) to fully fund the repairs; 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. A budget revenue estimate increase of $98,236.00 and an expenditure increase of $13,000.00 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 6th day of June, 2018. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A – Budget Amendment 720 EXHIBIT A BUDGET AMENDMENT FOR SLOPE REPAIRS LOT Q MERIDIAN HILLS FROM GENERAL FUND (1000) FISCAL YEAR 2017/18 FUND BALANCE ALLOCATION: Fund Title Fund-Account Number Amount General Fund 1000-000-00000-33990 $ (10,236.00) Total $ (10,236.00) REVENUE: Account Number Current Budget Revision Amended Budget 1000-000-M0036-44100 $ 0.00 $ 98,236.00 $ 98,236.00 Total $ - $ 98,236.00 $ 98,236.00 EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget 1000-223-M0036-53000 $ 75,000.00 $ 13,000.00 $ 88,000.00 Total $ 75,000.00 $ 13,000.00 $ 88,000.00 721 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Attn: City Clerk NO FEE REQUIRED PURSUANT TO: Government Code Sections 6103 and 27383 Space above this line for Recorder's use NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204 must be filed on or within 15 days after the date of completion of a work of improvement. Civil Code Section 9200 provides that completion of a work of improvement occurs at the earliest of (a) acceptance of the work of improvement by the public entity or (b) cessation of labor on the work of improvement for a continuous period of 60 days. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Moorpark 3. The full address of the owner is: 799 Moorpark Avenue, Moorpark, California 93021 4. The nature of the interest or estate of the owner is: Fee 5. The owner retained a contractor to perform a work of improvement as follows: Repair slope failure at Lot Q, Meridian Hills Development, Tract 5187-1 The name and address of the contractor, if any, for such work of improvement was: The Adjul Corporation DBA Lee Construction Co. The date of the contract was: October 23, 2017 6. The name and address of the surety, if any, was: Philadelphia Indemnity Insurance Co., 215 S. Lake Avenue, Suite 360, Pasadena, CA 91101 7. The name and address of the construction lender, if any, for such work of improvement was: None 8. The property on which the work of improvement was constructed is in the City of Moorpark, County of Ventura, State of California, and is described as follows: Lot Q, Tract 5187, on the west slope of the parcel below homes and a private trail, approximately 4 homes south of Shadowood Drive. 9. The street address of said property is: None 10. Date labor ceased on the work of improvement: February 13, 2018 11. The work of improvement was completed on: February 13, 2018 Dated: May 7, 2018 Signed: Troy Brown, City Manager, City of Moorpark, 799 Moorpark Ave., Moorpark, California VERIFICATION I, the undersigned, say: I am the City Manager of the City of Moorpark. I am authorized to make this verification for and on behalf of the City of Moorpark and I make this verification for that reason. I have read this Notice of Completion and the matters stated in this Notice of Completion are true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 7, 2018, at Moorpark, California. Signed:__________________________________________________________________________________ Troy Brown, City Manager, City of Moorpark, 799 Moorpark Avenue, Moorpark, California 93021 722