A22103.SR.JD
CITY OF SIMI VALLEY
MEMORANDUM
N
ovember 7, 2022
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT FOR SIMI VALLEY LANDSCAPE DISTRICT NO. 1 MAINTENANCE SERVICES , CONTRACT C, SPECIFICATION
NO. SV 22-32
STAFF RECOMMENDATION
It i
s recommended that the City Council award the attached contract (page 4) to Venco Western, Inc., for Simi Valley Landscape District No. 1 Maintenance Services, Contract C, Specification No. SV 22-32, for an amount not-to-exceed $995,435.74 for a two-year term with the option to extend for three additional one-year terms.
BACKGROUND AND OVERVIEW
O
n August 31, 2022, the Public Works Department solicited landscape maintenance bids for Simi Valley Landscape District No. 1 (Contract C), Specification No. SV 22-32. A notice inviting bids was published in local newspapers, submitted to various publications and plan rooms, emailed to contractors on the City’s contractor’s list, and posted on the City’s website. Three bids were received on September 29, 2022. Staff recommends the City Council award a contract to Venco Western for the Contract “C” area.
FINDINGS AND ALTERNATIVES
On S
eptember 29, 2022, three bids were received for Landscape Maintenance Services (Contract C), Specification No. SV 22-32, and the bid results are summarized as follows:
CONTRACTOR TWO-YEAR BID
Venco Western, Inc., Oxnard, CA $995,435.74
Stay Green, Inc., Santa Clarita, CA $1,307,642.08*
Mariposa Landscape, Inc., Irwindale, CA $1,637.939.80*
*Reflects revised calculations due to rounding or mathematical errors.
AGENDA ITEM NO.
Consent (5)
A22103.SR.JD
Staff reviewed the bids and found that Venco Western, Inc. submitted the lowest bid and met the specification requirements. Therefore, it has been determined that Venco Western, Inc., is the lowest responsive and responsible bidder.
T
he current annual cost for landscape services in the Contract “C” area is $493,300. The new contract with Venco Western results in an annual contract amount of $497,717, a marginal increase (less than 1%) over the two year contract term. Provisions in the bid document allow the City to coordinate with Venco Western to continue to convert turf and other high water use plantings to drought tolerant areas. These provisions also allow the City and Venco Western to offset monthly maintenance costs with the conversion costs, thereby saving the City future water and maintenance costs. The City is currently experiencing costs savings due to the reduction of water usage.
T
he following alternatives are available for City Council consideration:
1. A
ward the attached contract to Venco Western, Inc., for Simi Valley Landscape District No. 1 Maintenance Services, Contract C, for an amount not -to-exceed $995,435.74 for a two -year term, with the option to extend for three additional one-year terms.
2. D
o not award a contract for Landscape Maintenance Services at this time, direct staff to rebid the contract, and authorize the City Manager to negotiate an interim month-to-month contract with interested landscape maintenance contractors.
3. Provide other direction to staff.
S
taff recommends Alternatives 1
SUGGESTED CITY COUNCIL MOTION
I mo
ve that the City Council award a contract to Venco Western, Inc., for Simi Valley Landscape District No. 1 Maintenance Services, Contract C, for an amount not-to-exceed $995,435.74 for a two-year term, with the option to extend for three additional one- year terms.
SUMMARY
O
n August 31, 2022, the Public Works Department solicited landscape maintenance bids for Simi Valley Landscape District No. 1 (Contract C), Specification No. SV 22- 32.
A notice inviting bids was published in local newspapers, submitted to various publications and plan rooms, emailed to contractors on the City’s contractor’s list, and posted on the City’s website. On September 29, 2022, three bids were received. Staff reviewed the bids and found that Venco Western, Inc. submitted the lowest bid and met the specification requirements, and s taff determined that Venco Western, Inc. was the lowest responsive and responsible bidder.
2 A22103.SR.JD
Therefore, staff recommends that the City Council award the attached contract to Venco Western, Inc., for an amount not -to-exceed $995,435.74 for a two- year term, with the option to extend for three additional one-year terms.
R onald K. Fuchiwaki
Public Works Director
P
repared by: Lisett Bautista, Budget and Administration Manager INDEX Page
C
ontract – Venco Western, Inc. ....................................................... 4 3 A22103.CON.JD
Specification No. SV 22-32
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
VENCO WESTERN, INC., FOR SIMI VALLEY LANDSCAPE
DISTRICT NO. 1 MAINTENANCE SERVICES CONTRACT C,
SPECIFICATION NO. SV 22-32
T
HIS CONTRACT is made and entered into in the Ci ty of Simi Valley on this 7th day of November 2022, by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and VENCO WESTERN, INC., a California Corporation, hereinafter referred to as CONTRACTOR.
RECITALS
W
HEREAS, on August 31, 2022 , CITY invit ed bids for the Simi Valley Landscape District No. 1 Maintenance Services Contract C per Specification No. SV 22-32; and
W
HEREAS, pursuant to said invitation, CONTRACTOR submitted a Proposal which was accepted by CITY for said project.
AGREEMENT
N
OW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. R
ecitals. The foregoing recitals are true and correct and are a part of this CONTRACT.
2. Te
rm. The ter m of thi s CONTRACT shall be from the date this CONTRACT is made and entered, as first written above, until the November 6 th, 2024.
The CONTRACT may be extended for a maximum of three (3) additional one-year terms upon mutual written consent of the City Co uncil 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 e xercise 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 (October to October).
3. I
ncorporation By Reference. Public Contract Code Section 22300, Specification No. SV 22-32, consisting of 273 pages and all documents incorporated by reference therein, and the CON TRACTOR'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.
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Specification No. SV 22-32
4. P recedence of CONTRACT Documents. If there is a conflict between or among CONTRACT documents, the document highest in precedence shall control. The precedence shall be:
F
irst: This Document consisting of 8 pages excluding paragraph 3 Second: Permits from other agencies as may be required by law Third: Special Provisions
Fourth: Bid Terms and Conditions
Fifth: Detailed Plans
Sixth: Standard Plans
Seventh: Standard Specifications Modifications
Eighth: "Standard Specifications for Public Works Construction" (SSPWC) Ninth: Reference Specifications
Tenth: CONTRACTOR'S Proposal
C
hange orders, supplemental agreements, and approved revisions to plans and specifications become a part of item First.
5. O
bligations of the CITY.
A. T
he CITY shall be obligated t o pay CONTRACTOR based
upon the actual City -authorized quantities in place and the unit and/or lump sum prices bid by CONTRACTOR, including but not limited to all labor, material and equipment, rather than the CONTRACT bid price.
B. C
ITY shall make regular progress payments to the
CONTRACTOR within 30 days after mutual concurrence with the unit quantities and/or lump sum items of work performed, subject to applicable retention requirements. In no event shall the total amount paid exceed the CONTRACT bid price of $995,435.74 unless otherwise agreed to by the parties in writing.
C. U
pon receipt of an invoice for work performed to CITY'S
satisfaction, CITY shall make progress payments within thirty (30) days of receipt of invoice. If the work is not performed satisfactorily or the invoice is defective, CITY shall notify CONTRACTOR, in writing, of the reasons within seven (7) days of receipt of invoice.
The intent of this Section is to comply with Public Contract Code Section 20104.50.
6. O
bligations of the CONTRACTOR.
A. C
ONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR agrees to perform the services more specifically set forth in the “Scope of Work” attached hereto and incorporated herein as Exhibit “A” and as further described in the incorporated documents. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and 5 A22103.CON.JD
Specification No. SV 22-32
Control Act of 19 86 and other applicable laws shall be employed in the performance of the work hereunder.
B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.
C. CO
NTRACTOR shall abide by the CITY’S Business Ta x
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.
D. P
revailing wage: In addition to any applicable federal
requirements, the CONTRACTOR shall comply with all applicable California laws related to prevailing wage, including but not limited to California Labor Code 1720 et seq. and all other California prevailing wage laws and regulations, and all requirements, r egulations or decisions of the California Department of Industrial Relations related thereto.
CONTRACTOR further stipulates to follow all requirements and pay any penalties due, if any, under Section 1813 of the California Labor Code. The CONTRACTOR shal l post the prevailing rate per diem wages at each job site. Further CONTRACTOR shall indemnify, defend, and hold CITY harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon. CONTRACTOR is responsible for paying all legally required prevailing wages, and in the case of a difference between state and Federal law, the highest legally required rate.
C ONTRACTOR and all subcontractors must be registered
and remain registered with DIR (Department of Industrial Relations) through the term of the CONTRACT in accordance with the California Labor Code (“Labor Code”), in particular Labor Code Section 1771.1, and any successor or replacement provision thereto, unless a small project exemption applies ($25,000 for public works or $15,000 for maintenance). CONTRACTOR further agrees that it will follow all requirements and obligations set forth in Labor Code Section 1776.
7. A
udit.
A. A
t any time during normal business hours and as often as the CITY may deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTR ACTOR shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two (2) years after termination or final payment under this CONTRACT. This paragraph shall survive for two (2) years after termination of this CONTRACT.
B. C
ITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. 6 A22103.CON.JD
Specification No. SV 22-32
8. Hold Harmless and Indemnification . CONTRACTOR shall defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, laws uits, liabilities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. The CITY shall be included as an Additional Insured in the automobile/liability insurance policies and endorsements of the CONTRACTOR. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably withheld. This paragraph shall survive the termination of the CONTRACT.
9. A
mendments. Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the Director of Public Works and CONTRACTOR.
10. An
ti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.
11. Te
rmination. If, during the term of this CONTRACT, CITY
determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by writt en notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no 7 A22103.CON.JD
Specification No. SV 22-32
event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid.
12. I
nsurance. CONTRACTOR shall, prior to commencing performance hereunder, submit proof of all insurance coverage as required by the Specification or other document incorporated in and made a part of this CONTRACT. 13 . Complete CONTRACT . This CONTRACT shall constitute the complete CONTRACT between the parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or representation be binding upon the parties hereto.
14 . Independent Contractor. It is expressly understood between the parties to this CONTRACT that no employee/employer relationship is intended; CONTRACTOR is an independent contractor.
15 . Time of Performance. Time is of the essence in this CONTRACT. 16 . Liquidated Damages. Should the CONTRACTOR fail to complete the project, or any part thereof, in the time agreed upon in the CONTRACT or within such extra time as may have been allowed for delays or extensions granted as provided in the CONTRACT, the CONTRACTOR shall reimburse the CITY for the additional expense and damage for each calendar day that the CONTRACT remains uncompleted after the CONTRACT completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the CONTRACT is the per diem rate $ 500 per calendar day. Such amounts are hereby agreed upon as liquidated damages for the loss to the CITY resulting from the failure of the CONTRACTOR to complete the project within the allotted time and to the value of the operation of the works dependent thereon.
I
t is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages which are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The CITY shall have the right to deduct such damages from any amount due, or that may become due to the CONTRACTOR, or the amount of such damages shall be due and collectible from the CONTRACTOR or the CONTRACTOR'S Surety.
P
rogress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.
17 . Conflict of Interest . Neither CONTRACTOR nor any employees, agents, or subcontractors of CONTRACTOR who will be assigned to this project, to the best of CONTRACTOR'S knowledge, own any property or interest in properties, business relationships, or sources of income which may be affected by the performance of this CONTRACT. Should one party hereto learn of any such interest, income source, or 8 A22103.CON.JD
Specification No. SV 22-32
business relationship, such fact shall immediately be brought to the attention of the other party hereto. If the parties thereupon cannot mutually agree upon a means to eliminate the conflict, CITY may terminate the CONTRACT immediately for non- performance pursuant to Section 11 herein.
18 . Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other party, and any such assignment without said consent shall be void. 19 . Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each party is a person duly authorized and empowered to execute contracts for such party. 20 . Jurisdiction and Venue . Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the parties do not consent to arbitration. In the event of any dispute, each party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.
21 . Non-Appropriation of Funds . Payments due and payable to CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.
22 . Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this CONTRACT shall refuse to accept such mail; the parties to this CONTRACT shall promptly inform the other party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each party to this CONTRACT is as follows:
CI
TY Ronald K. Fuchiwaki/Director
Department of Public Works
2929 Tapo Canyon Road
Simi Valley, CA 93063
Staff Contact: Michael Sandoval
(805) 583-6460
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Specification No. SV 22-32
CO NTRACTOR Venco Western, Inc.
2400 Eastman Avenue
Oxnard, CA 93030
Staff Contact: Mario DelNagro
(805) 981-2400
I
N WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
A
ttest: City of Simi Valley, A Municipal Corporation
B y:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
A
pproved as to Form: Venco Western, Inc.
B y:
David L. Caceres, City Attorney
P rint Name:
Approved as to Content: Title:
B y:
Brian Paul Gabler, City Manager
P rint Name:
T itle:
Carolyn Johnson,
Administrative Services Director
Ronald K. Fuchiwaki,
Public Works Director
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Specification No. SV 22-32
EXHIBIT “A”
SCOPE OF WORK
CO
NTRACT BETWEEN THE CITY OF SIMI VALLEY AND
VENCO WESTERN, INC., FOR SIMI VALLEY LANDSCAPE
DISTRICT NO. 1 MAINTENANCE SERVICES CONTRACT C,
SPECIFICATION NO. SV 22-32
T
he Contract provides for the complete landscape care for the Simi Valley Landscape District No. 1 Maintenance Services, Contract C, including routine maintenance and all appurtenant work required for a total of 23 sites, approximately 27.78 acres of landscape divided into 12 Zones and 11 Areas located in the public rights -of-way, including certain landscape easements in areas throughout the City.
T
he Contract also provides for additional/potential site upgrade work and change orders for Contract C including site upgrade, repair work due to traffic collisions, or other such work not included in the baseline maintenance project.
T
he term of thi s CONTRACT shall be until the 30 th day of September 2024. 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. 11