A2276.SR.JD
C
ITY OF SIMI VALLEY
MEMORANDUM
August 8, 2022
TO: City Council
F
ROM: Department of Public Works
S
UBJECT: REINSTATEMENT AND SECOND AMENDMENT TO CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND STAY GREEN INC., FOR LANDSCAPE DISTRICT NO. 1 MAINTENANCE SERVICES,
CONTRACT C, SPECIFICATION NO. SV 18-17
STAFF RECOMMENDATION
I
t is recommended that the City Council approve the attached reinstatement and second amendment to the Contract (page 4) with Stay Green, Inc. for the Simi Valley Landscape District No. 1 Maintenance Services, Contract C, Specification No. SV 18-17, extending the term through February 28, 2023, or the conclusion of the bid process for services, whichever is earlier, and increasing the not to exceed amount by $493,300.
BACKGROUND AND OVERVIEW
O
n October 10, 2018, the Public Works Department solicited landscape maintenance bids for Simi Valley Landscape District No. 1 (Contract C), Specification No. SV 18 -17. In February 2019, a contract was awarded to Stay Green, Inc. The City’s contract with Stay Green, Inc. provided the City with an option to extend the contract for three (3) additional one (1) year terms. In May 2021, the City exercised its option to extend the contract with Stay Green, Inc. for an additional one (1) year term, which expired on February 28, 2022. The renewal of the contract was on a month-to-month basis as staff continued to prepare the bid document for services.
S
taff is requesting the City Council approve the attached reinstatement and second amendment to the contract so that Stay Green, Inc. can continue to provide services to the City. Staff desires to extend the term retroactively effective March 1, 2022 t hrough February 28, 2023, or the conclusion of the bid process for services, whichever is earlier. Effective March 1, 2022, unit prices contractually increase by the CPI rate of 7.5% for Schedule I work.
FINDINGS AND ALTERNATIVES
T
his contract, specifically for maintenance services includes routine maintenance as identified in Schedule I ($ 483,300), and extra work that would be completed under Schedule II (up to $10,000), all of which results in a total contract amount of $493,300 for the extended term. Schedule II represents potential additional work for site changes to AGENDA ITEM NO.
Consent (5)
A2276.SR.JD
drought tolerant planting/irrigation, equipment repairs, repair work due to traffic collisions or wind damage, or other such work not included in Schedule I. The amount provided for in Schedule II reflects estimated costs based on previous expenditures, and actual expenditures may vary but will stay within the budgetary limits.
The cost breakdown for Contract C is as follows:
Staff is continuing to modify the landscape areas the City is responsible for maintaining in order to reduce the cost of maintenance and in light of the irrigation limitations. As part of this contract, staff and the contractor will continue those modifications.
The following alternatives are available for the City Council’s consideration:
1. Reinstate and amend the contract to Stay Green, Inc. for the Simi Valley Landscape District No. 1 Maintenance Services, Contract C, Specification No. SV 18- 17, in the not to exceed amount of $ 493,300 for a one year period ending February 28, 2023, or the conclusion of the bid process for services, whichever is earlier.
2. Provide staff with further direction.
Staff recommends Alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to a pprove the reinstatement and second amendment to the contract with Stay Green, Inc., in the not to exceed amount of $493,300.
SUMMARY
The City’s L andscape Maintenance Contract with Stay Green, Inc. (Contract C, Specification No. SV 18-17) expire d on February 28, 202 2. Staff recommends that the City Council approve the attached contract reinstatement and second amendment extending the contract for an additional one (1) year term or the conclusion of the bid process for services, whichever is earlier, and increasing the not-to-exceed amount by $483,300. This amount includes a CPI increase in unit prices of 7.5% for Schedule I work.
Ronald K. Fuchiwaki
Public Works Director
Schedule I Schedule II
Monthly Cost $40,274.97 As Needed
12 Months Total $483,300 As Needed
12 Months As Needed Up to $10,000
Total Contract Amount $493,300
2 A2276.SR.JD
Prepared by: Lisett Bautista, Budget and Administration Manager
INDEX Page
2nd Amendment to Contract ............................................................ 4 Attachment A - Original Contract ...................................................... 7 Attachment B - 1st Amendment to Contract .................................... 14 3 A2276.CON.JD Spec. No. SV 18-17
REINSTATEMENT AND SECOND AMENDMENT TO
CONTRACT BETWEEN THE CITY OF SIMI VALLEY
AND STAY GREEN , INC. FOR SIMI VALLEY LANDSCAPE
DISTRICT NO. 1, MAINTENANCE SERVICES, CONTRACT “C”,
SPECIFICATION NO. SV 18-17
THIS REINSTATEMENT AND SECOND AMENDMENT TO CONTRACT is
made and entered into in the City of Simi Valley on this 8th day of August 2022, retroactively applied to March 1, 2022 (“Effective Date”), by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and STAY GREEN, INC., hereinafter referred to as CONTRACTOR, each a “Party” and collectively, “Parties”.
I. Recitals
A. The Parties entered into a written contract ( "CONTRACT") executed on February 25, 2019, for the performance of the Simi Valley Landscape District No. 1 Maintenance Services, Contract “C”, Specification No. SV 18-17. Thereafter, the Parties entered into a First Amendment to the CONTRACT (“First Amendment”) executed by the Parties on May 3, 2022 . Both the CONTRACT and its First Amendment are incorporated herein by reference.
B. The CONTRACT expired February 28, 2022 and the Parties now desire to reinstate said CONTRACT retroactively effective March 1, 2022, extend its term for one year from March 1, 2022, or the conclusion of the bid process for services, whichever is earlier, and increase the not to exceed amount to the CONTRACT as set forth below.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the Parties hereto agree as follows:
II. Amendment
1. The CONTACT is hereby reinstated in it s entirety and retroactively applied as of the Effective Date, except as amended herein below.
2. Section 2. Term
, is being amended as follows:
In accordance with this Section 2, the term of this CONTRACT shall be extended for one (1) year from March 1, 2022 through February 28, 2023, (“Extended Term”) or the conclusion of the bid process for services and selection of a new vendor, whichever is earlier . Services provided for by CONTRACTOR between March 1, 2022 and the execution of this Second Amendment to the CONTRACT are hereby ratified and may be paid by City.”
3. S ection 5. Obligations of the CONTRACTOR ,
is being amended to add
subsection D, and shall read as follows:
D. Not to Exceed Amount for Extended Term. In no event shall the total amount paid for the one(1) year term extension, exceed the amount of $483,300 for Schedule I work and $10,000 for Schedule II work for a total of $493,300, unless otherwise agreed to by the Parties in writing. The CONTRACTOR shall keep a tally of the cost for the work ordered by CITY. 4 A2276.CON.JD Spec. No. SV 18-17
The CONTRACTOR shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.
i. T he Parties agree that unit prices applicable to the Extended Term shall be increased by 7.5% from those unit prices of the Initial Term, in accordance with the Consumer Price Index (CPI) rate for the Los Angeles -Long Beach- Anaheim, CA area for the previous 12-month period ending in January for Schedule I work.”
3. Mailing Address. The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Ronald K. Fuchiwaki, Director
Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Michael Sandoval
Maintenance Superintendent
(805) 583-6437
5 A2276.CON.JD Spec. No. SV 18-17
CONTRACTOR Stay Green, Inc.
26415 Summit Circle
Valencia, CA 91350
Staff Contact: Steve Seely
(661) 510-9536
4. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be the day and year first above written.
Attest: City of Simi Valley, a Municipal Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Stay Green, Inc.
By:
David L. Caceres, City Attorney
Print Name:
Approved as to Content: Title:
By:
Brian Paul Gabler, City Manager
Print Name:
Title:
Carolyn Johnson,
Administrative Services Director
Ronald K. Fuchiwaki
Public Works Director
6 CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
STAY GREEN, INC. FOR SIMI VALLEY LANDSCAPE
DISTRICT NO. 1 MAINTENANCE SERVICES CONTRACT C
THIS CONTRACT is made and entered into in the City of Simi Valley on this 25th day of February 2019, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and STAY GREEN, INC., (a California corporation), hereinafter referred to as CONTRACTOR.
RECITALS
WHEREAS, on October 10, 2018, CITY invited bids for the Simi Valley Landscape District No. 1 Maintenance Services Contract C per Specification No. SV 18-17; and
WHEREAS, pursuant to said invitation, CONTRACTOR submitted a Proposal which was accepted by CITY for said project.
AGREEMENT
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Recitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Term. The term of this CONTRACT shall be from March 1, 2019, until the 281h day of February, 2021. The CONTRACT may be extended for a maximum of three (3) additional one-year terms upon mutual written consent of the City Council and CONTRACTOR. The CITY shall notify CONTRACTOR of its intent to exercise said option by advising CONTRACTOR in writing on or before one-hundred-five (105) days prior to CONTRACT expiration date. CONTRACTOR shall notify the CITY of its intent to exercise said option by advising the CITY in writing on or before ninety (90) days prior to CONTRACT expiration date. Unit prices may be adjusted in accordance with the percentage change in the Consumer Price Index (CPI) for the Los Angeles-Long Beach Anaheim, CA areas for the previous 12-month period (January to January).
3. Incorporation By Reference. Public Contract Code Section 22300, Specification No. SV 18-17, consisting of 268 pages and all documents incorporated by reference therein, and the CONTRACTOR'S Bid consisting of the CONTRACTOR'S Proposal Statement, Proposed Schedule of Work and Prices, and Bidder's Statement of Subcontractors and Material Fabricators, are hereby incorporated by reference and made a part of this CONTRACT.
PW\Admin\PURCH\Lscape & Tree Maint\Lscape Maint\Contract C\SV 18-17\Stay Green Contract
ATTACHMENT A
7 8
9 10
11 12
13 FI RST AMENDMENT TO CONTRACT BETWEEN THE CITY OF
SIMI VALLEY AND STAY GREEN , INC. FOR SIMI VALLEY
LANDSCAPE DISTRICT NO. 1, MAINTENANCE SERVICES,
CONTRACT “C”, SPECIFICATION NO. SV 18-17
THI
S FIRST AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 3 rd day of May, 2021, to be retroactively applied to March 1, 2021, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and STAY GREEN , INC. , hereinafter referred to as CONTRACTOR, each a “Party” and collectively, “Parties”.
I. Re
citals
A. CI
TY and CONTRACTOR entered into a written contract ("CONTRACT") executed by the Parties on February 25, 2019, for the performance of the Simi Valley Landscape District No. 1 Maintenance Services, Contract “ C”, Specification No. SV 18-17 effective March 1, 2019 through February 28, 2021,(“Initial Term”) which is incorporated herein by reference.
B. In ac
cordance with Section 2 of the CONTRACT, the Parties desire to extend the term of the CONTRACT for one (1) year to be retroactively applied to March 1, 2021 through February 28, 2022.
NO
W, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the Parties hereto agree as follows:
II
. Amendment
1. Section 2. Term, is being amended to add a second paragraph and shall read as follows:
“ T
erm…
In acc
ordance with this Section 2 the term of this CONTRACT shall be extended for one (1) year to be retroactiv ely applied to March 1, 2021 through February 28, 2022, (“Extended Term ”).
Services provided for by CONTRACTOR between March 1, 2021 and the execution of this CONTRACT are hereby ratified and may be paid by City.”
2. Section 5. Obligations of the CONTRACTOR, is being amended to add Subsection D and shall read as follows:
D. Not
to Exceed Amount for Extended Term . In no event shall the total amount paid for the one (1) year term extension, exceed the amount of $449,580.96 for Schedule I work and $10,000 for Schedule II work for a total of $459,5 80.96, unless otherwise agreed to by the Parties in writing. The CONTRACTOR shall keep a tally of the cost DocuSign Envelope ID: EA0DAEF9-4FB5-41F4-B4EF-F5D58CDD3685
ATTACHMENT B
14 PW\Admin\PURCH\Lscape & Tree Maint\Lscape Maint\Contract C\SV 18-17\Extension 1\2-Contract Amendment 2 for the work ordered by CITY. The CONTRACTOR shall not accept work orders from the CITY if the cost for the work will exceed the amount indicated above unless otherwise agreed to by the parties in writing.
i. T he Parties agree that unit prices applicable to the Extended Term shall be increased by 0.9% from those unit prices of the Initial Term, in accordance with the Consumer Price Index (CPI) rate for the Los Angeles -Long Beach- Anaheim, CA area for the previous 12- month period ending in January for Schedule I work performed
3. Mailing Address . The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Ronald K. Fuchiwaki, Director
Department of Public Works
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Michael Sandoval
Maintenance Superintendent
(805) 583-6437
CONTRACTOR Stay Green, Inc.
26415 Summit Circle
Valencia, CA 91350
Staff Contact: Grant Clack, Operations Manager
(661) 212-0731
4. Except as herein amended, all other terms and conditions of the CONTRACT shall remain in full force and effect.
DocuSign Envelope ID: EA0DAEF9-4FB5-41F4-B4EF-F5D58CDD3685 15 PW\Admin\PURCH\Lscape & Tree Maint\Lscape Maint\Contract C\SV 18-17\Extension 1\2-Contract Amendment 3 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be the day and year first above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Approved as to Form: Stay Green, Inc.
By:
Lonnie J. Eldridge, City Attorney
Print Name:
Approved as to Content: Title:
By:
Brian Paul Gabler, City Manager
Print Name:
Title:
Jerry Johnson
Deputy Administrative Services Director
(Support Services)
Ronald K. Fuchiwaki
Public Works Director
DocuSign Envelope ID: EA0DAEF9-4FB5-41F4-B4EF-F5D58CDD3685 Grant Clack
Branch Manager
coo
steve r. seely
16