A2296.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
Oc
tober 24, 2022
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: AUTHORIZATION TO REMOV E EUCALYPTUS TREES ALONG THE
WEST SIDE OF SINALOA ROAD SOUTH OF ROYAL AVENUE AND
APPROVAL OF A CONTRACT AMENDMENT WITH STAY GREEN, INC.
STAFF RECOMMENDATION
It
is recommended the City Council:
1. Auth
orize the removal of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue; and,
2. Approv
e a contract amendment in the amount of $175,000 to the existing contract with Stay Green, Inc. for the removal of the trees.
BACKGROUND AND OVERVIEW
Si
mi Valley has an abundance of rows of eucalyptus trees in the community. Used as windbreaks, the trees were planted throughout Simi Valley to protect the crops from the high winds. As shallow rooted trees, older and diseased eucalyptus trees fail, often toppling in high wind conditions or casting off large branches. The City has identified such trees on the west side of Sinaloa Road between Laguna Drive and Mark Drive.
In
March 2022, the City contracted with a certified arborist to evaluate the condition of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue.
The arborist determined that 63 eucalyptus trees along the west side of Sinaloa Road should be removed. The estimated cost to remove these trees is $175,000.
FINDINGS AND ALTERNATIVES
An ev
aluation of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue was conducted in March 2022 by a certified arborist contracted by the City. The evaluation included seven categories of review:
1. Tree Characteristics includes species type, trunk diameter, height and spread, etc.
AGENDA ITEM NO.
Consent (3)
A2296.SR.JD
2. Tree Health includes general review of foliage conditions, identification of pests and disease, and significant growth obstructions.
3. Site Conditions includes tree location, irrigation conditions, soil problems, obstruction and wind conditions.
4. Target defines use under the tree, restrictions, and frequency of use.
5. Tree Defects includes observations of suspected root rot, root problems, and degree of lean.
6. Hazard Rating indicates the most likely part of the tree to fall, inspection period, and factors to determine the final hazard rating of the species.
7. Hazard Abatement recommends measures such as tree removal, or other mitigating measures.
The evaluation found that most of the 63 eucalyptus trees were infested with leaf eating insects and all of the trees had root ball conditions that could cause them to fail. As a result, the certified arborist's recommendation was to remove the 63 trees. The City's in- house certified arborist concurs with the consultant's recommendations. Therefore, staff recommends the City Council authorize the removal of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue. If approved, writ ten notices will be sent and door-hanger cards will be provided to the residents along both sides of Sinaloa Road prior to the start of removals. Recognizing the high wind conditions that occur this time of year, the City will work to have the trees removed as soon and as quickly as possible.
At the October 10, 202 2 meeting, the City Council approved funding in the amount of $175,000 of FY 2020-21 Budget Surplus funds for the removal of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue. The City has a tree maintenance contract with Stay Green, Inc. and staff recommends the City Council approve a contract amendment to increase the contract by $175,000 for the removal of the eucalyptus trees.
A tree replacement and replanting program is not being presented at this time due to current drought conditions and restricted water resources. When water availability is more favorable and new trees can be appropriately watered and established, staff will develop and execute a plan to replace the eucalyptus trees along Sinaloa Road.
2 A2296.SR.JD
The following alternatives are available to the City Council:
1. Authorize the removal of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue; and,
2. Approve a contract amendment in the amount of $175,000 to the existing contract with Stay Green, Inc. for the removal of the trees
3. Provide staff with other direction.
Staff recommends Alternatives No. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move to authorize the removal of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue, and approve a contract amendment in the amount of $175,000 to the existing contract with Stay Green, Inc. for the removal of the trees.
SUMMARY
In March 2022 the City contracted with a certified arborist to evaluate the condition of the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue. The evaluation found that most of the 63 eucalyptus trees were infested with leaf eating insects and all of the trees had root ball conditions that could cause them to fail. As a result, the certified arborist's recommendation was to remove the 63 trees . . The City's in-house certified arborist concurs with the consultant's recommendations. Therefore, staff recommends the City Council authorize staff to remove the eucalyptus trees along the west side of Sinaloa Road south of Royal Avenue, and approve a contract amendment in the amount of $175,000 to the existing contract with Stay Green, Inc. for the removal of the trees
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Ron Fuchiwaki, Public Works Director
INDEX Page
Attachment A – Eucalyptus Report 2022………………………………4
Second Contract Amendment........................................................191 Attachment B – Original Contract...................................................194 Attachment C – First Contract Amendment…………………………20 2
3 ATTACHMENT A
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
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90 91
92 93
94 95
96 97
98 99
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A2296.CON.JD
Spec. No. SV 20-18
SECOND AMENDMENT TO CONTRACT BETWEEN THE CITY
OF SIMI VALLEY AND STAYGREEN, INC. FOR SIMI VALLEY
LANDSCAPE DISTRICT NO.1, MAINTENANCE SERVICES,
CONTRACT “E”, SPECIFICATION NO. SV 20-18
THIS SECOND AMENDMENT TO CONTRACT is made and entered into in the City of Simi Valley on this 24
TH day of October 2022, 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.
I. Recitals
A. CITY and CONTRACTOR entered into a written contract ("CONTRACT") executed by the parties on September 21, 2020, for the performance of the Simi Valley Landscape District No. 1 Maintenance Services, Contract “E”, Specification No. SV 20-18.
B. On August 8, 2022, the CITY and CONT RACTOR amended the CONTRACT ( first amendment) to extend the CONTRACT to June 30, 2023.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
II. Amendment
1. Compensation
. The compensation to be paid by CITY to
CONTRACTOR for the services provided hereby shall be amended as follows: In no event shall the total amount paid for this CONTRACT AMENDMENT exceed $320,292 for schedule I, $30,000 for schedule II, and $175,000 for the removal of eucalyptus trees, for a combined total of $525,292, unless otherwise agreed to by the parties in writing. The CONTRACTOR shall keep a tally of the cost 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.
2. 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
191
A2296.CON.JD
Spec. No. SV 20-18
CONTRACTOR Stay Green, Inc.
26415 Summit Circle
Valencia, CA 91350
Staff Contact: Steve Seely
(661) 510-9536
3. 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 executed 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
192
A2296.CON.JD
Spec. No. SV 20-18
Exhibit “A”
SCOPE OF WORK
(EUCALYPTUS TREE REMOVAL)
SECOND AMENDMENT TO CONTRACT BETWEEN THE CITY
OF SIMI VALLEY AND STAYGREEN, INC. FOR SIMI VALLEY
LANDSCAPE DISTRICT NO.1, MAINTENANCE SERVICES,
CONTRACT “E”, SPECIFICATION NO. SV 20-18
Schedule I:
The Complete Tree Maintenance Care (Trimming, Removal, Replacement, Stump Grinding, Emergency Work and Pest Control), for the Simi Valley Landscape District No. 1 Tree Maintenance Services Contract (A total of approximately 8,132 trees, 15 feet in height and above located in the public rights-of-way, including certain landscape easements in areas throughout the City.): Tree pruning, tree removal, tree emergency response, pest and disease control and work as designated in the specifications.
Schedule II:
Unit Prices for Additional/Potential Site Upgrade Work and Change Orders for Contract: to establish unit prices for site upgrades work, repair work due to traffic collisions, or other such work not included in Schedule I, in accordance with the specifications.
193
ATTACHMENT B
194
195
196
197
198
199
200
201
ATTACHMENT C
REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT
BETWEEN THE CITY OF SIMI VALLEY AND STAY GREEN,
INC. FOR SIMI VALLEY LANDSCAPE DISTRICT NO. 1,
MAINTENANCE SERVICES, CONTRACT "E", SPECIFICATION
NO. SV20-18
THIS REINSTATEMENT AND FIRST AMENDMENT TO CONTRACT is
made and entered into in the City of Simi Valley on this 8th day of August 2022, retroactively effective June 30, 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", collectively "Parties~.
I. Recitals
A The Parties entered into a written contract ("CONTRACT") executed on September 21, 2020, for the performance of the Simi Valley Landscape District No. 1 Maintenance Services, Contract "E", Specification No. SV 20-18.
B. The CONTRACT expired on June 30, 2022 and the Parties now desire to reinstate said CONTRACT retroactively effective to July 1, 2022, extend its term for one year from July 1, 2022 through June 30, 2023, and increase the not to exceed amount of 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 CONTRACT is hereby reinstated in its entirety and retroactively applied as of the Effective Date, except as amended herein below.
2. Section 2. Term, is being amended to as follows:
In accordance with this Section 2, the term of this CONTRACT shall be extended for one (1) year from July 1, 2022, through June 30, 2023, ("Extended Term").
Services provided by CONTRACTOR between July 1, 2022 and the execution of this First Amendment to the CONTRACT are hereby ratified and may be paid by the City."
3. 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 (1) year term extension, exceed the amount of $320,292 for schedule I work and $30,000 for Schedule II worl< for a combined total of $350,292 unless otherwise agreed to by the parties in writing. The CONTRACTOR shall keep a tally of the cost for the work ordered by the 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. The Parties agree that unit prices applicable to the Extended Term shall be increased by 8% from those unit prices of the Initial Term, in accordance with the Consumer Price Index (CPI) rate for the Los Angeles- 202
DocuSigr. Envelope ID: 65838860-S4E'.2-46AA-B40S-S66B13163006 Long Beach-Anaheim, CA area for1he previous 12-month period ending in May for Schedule I work."
4. Malling Address. The mailing address of each party to this CONTRACT AMENDMENT is as follows:
CITY Ronald K. Fuchiwaki, Director
Department of Public Wori<s
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact Michael Sandoval
Maintenance Superintendent
(805) 583-6437
2 Spec. No. 5V 20--16
203
DocuSign Envelope ID: 65B38860-64E2-46AA-B40B-B68B13163D3B CONTRACTOR Stay Green, Inc.
26415 Summit Circle
Valencia, CA 91350
Staff Contact: Steve Seely
(661) 510-9536
5. 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:
Lucy Blanco, City Clerk
Approved as to Form:
[p:7Mi,by~s
SEE:8MF8t6i-9 IB1 ...
David L. Caceres, City Attorney
Approved as to Content:
reOocuSlgnod by:
~,~.I's:; ~(Lr
Brian Paul Gabler, City Manager
Carolyn Johnson,
Administrative Services Director
Ronald K. Fuchiwaki
Public Works Director
City of Simi Valley, a Municipal Corporation
By:
Keith L. Mashburn, Mayor of the City
of Simi Valley, California
Stay Green; Inc.
By:
Steve Seely Print Name: ___________ _
coo
Title: --------------
By:
P . t N Martin McKenna rrn ame: ___________ _
Branch Manager
Title: --------------
3 Spec. No. SV 20-18
204