A2448.SR.MG
CITY OF SIMI VALLEY
MEMORANDUM
June
3, 2024
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: AWARD OF CONTRACT FOR SIMI VALLEY LANDSCAPE DISTRICT NO. 1 TREE MAINTENANCE SERVICE, CONTRACT D, SPECIFICATION NO. SV 24-13
STAFF RECOMMENDATION
It
is recommended that the City Council:
1. Award the attached contract to Ram irez Tree Service (page 5), for the Simi Valley Landscape District No. 1 (LMD) Tree Maintenance Service, Contr act D, Specification No. SV 24-13, for an amount not-to-exceed $674,351 from July 1, 2024, to June 30, 2026, for a two-year term with an option to extend for three (3) additional one-year terms; and,
2. Authorize the City Manager to approve any subsequent contract am endments as well as incorporate future budgeted funds into the c ontract amount for the three (3), one-year term extensions in accordance to the contract.
BACKGROUND AND OVERVIEW
On
February 29, 2024, the Public Works Department solicited bids for the Simi Valley Landscape District No. 1 (LMD) Tree Maintenance Service, Contract D, Specification No. SV 24 -13 and ten (10) bids were received on April 2, 2024. The City’s current contract expired on April 30, 2024. The proposed contract is from July 1, 2024 to June 30, 2026, with an option to extend for three (3) additional one-year terms.
FINDINGS AND ALTERNATIVES
On F
ebruary 29, 2024, a Notice Inviting Bids was published in the local newspaper, submitted to various plan rooms, emailed to contractors on the City’s contractors’ list, and posted on the City’s website. An online pre-bid meeting was held on March 12, 2024, with representatives from fifteen (15) tree maintenance companies. On April 2, 2024, the City received ten (10) bids for the Simi Valley Landscape District No. 1 (LMD) Tree Maintenance Service, Contract D, Specification No. SV 24-13. The bids are summarized below.
AGENDA I
TEM NO.
CONSENT (5)
Schedule
Ramirez Tree
Service Stay Green Inc
Mariposa Tree
Management Inc.
Green Valley
Tree Care, Inc
SGB Enterprises
DBA Four
Seasons
Landscaping
SCHEDULE IA
May 1, 2024 through
April 30, 2025. $317,175.00 $375,900.00 $481,430.00 $635,778.00 $633,350.00
SCHEDULE IB
May 1, 2025 through
April 30, 2026. $317,175.00 $375,900.00 $488,435.00 $635,778.00 $665,017.50 Total Schedule IA - IB $634,350.00 $751,800.00 $969,865.00 $1,271,556.00 $1,298,367.50 Release on Contract $1.00 $1.00 $1.00 $1.00 $1.00
SCHEDULE II $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 Total Schedule I & II $674,351.00 $791,801.00 $ 1,009,866.00 $1,311,557.00 $1,338,368.50 Net 15 Discount
Offered 0% 0% 5% 0% 0%
Approx Discount Amt 0 0 ($-50,493) 0 0
TOTAL with Discount $674,351.00 $791,801.00 $959,372.70 $1,311,557.00 $1,338,368.50 Staff reviewed the bids and found that Ramirez Tree Service submitted the lowest bid and met the specification requirements. Therefore, it has been determined that Ramirez Tree Service is the lowest responsive and responsible bidder.
The award of contract is based on the combined total of Schedule IA and IB, less any offered discounts. Schedule I represents complete tree maintenance care, which includes two (2) complete pruning cycles during the term of the contract. Schedule II represents potential additional work for site upgrades, repair work due to traffic collisions, or other such work not included in Schedule I. The amounts listed in the table above under Schedule II are based on estimated quantities, and the actual expenditures may vary, but will stay within the budgetary limit of $20,000 per fiscal year.
The original bid documents s
tipulated that the bid amount would be effective
from May 2024 through April 2025, and May 2025 through April 2026. Howev er, in order to
A2448.SR.MG
Schedule
West Coast
Arborists, Inc
Community
Tree Service
Golden West
Arbor Service,
Inc.
Coleman Utility
Forestry LLC
Thrifty Tree
Services Inc.
SCHEDULE IA
May 1, 2024 through
April 30, 2025. $717,685.00 $1,197,100.00 $1,551,750.00 $1,762,439.05 $2,067,175.00
SCHEDULE IB
May 1, 2025 through
April 30, 2026. $ 717,685.00 $1,245,172.00 $1,985,600.00 $1,815,284.78 $2,287,200.00 Total Schedule IA - IB $1,435,370.00 $2,442,272.00 $3,537,350.00 $3,577,723.83 $4,354,375.00 Release on Contract $1.00 $1.00 $1.00 $1.00 $1.00 SCHEDULE II $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 Total Schedule I & II $1,475,371.00 $2,482,273.00 $3,577,351.00 $3,617,724.83 $4,394,376.00 Net 15 Discount
Offered 0% 0% 0% 0% 0%
Approx Discount Amt 0 0 0 0 0
TOTAL with Discount $1,475,371.00 $2,482,273.00 $3,577,351.00 $3,617,724.83 $4,394,376.00 2 A2448.SR.MG
align with our budgeting process, the City has realigned the term to coincide with the Fiscal Year, which runs from July to June. Ramirez Tree Service has consented to this modification.
Funding for this proposed contract with Ramirez Tree Service is contingent upon City Council approval of the proposed FY 2024-25 and FY 2025-26 budgets. The approximate breakdown for the total contract cost is as follows:
Schedule I Schedule II Total Cost
July 1, 2024
through June
30, 2025.
$317,175 Up to $20,000 $337,175
July 1, 2025
through June
30, 2026.
$317,175 Up to $20,000 $337,175
Totals $634,351* Up to $40,000 $674,351
*Includes $1 Release of Contract
Staff recommends awarding the c ontract to Ramirez Tree Service from July 1, 2024, to June 30, 2026 , for a two -year term with an option to extend for three (3) additional one-year terms.
The following alternatives are available to the City Council:
1. Award the attached contract to Ramirez Tree Service , for the Simi Valley Landscape District No. 1 (LMD) Tree Maintenance Service, Contract D, Specification No. SV 24-13, for an amount not-to-exceed $674,351 from July 1, 2024, to June 30, 2026, for a two-year term with an option to extend for three (3) additional one-year terms; and
2. Authorize the City Manager to approve any subsequent contract amendments as well as incorporate future budgeted funds into the contract amount for the three (3), one-year term extensions in accordance to the contract:
3. Provide staff with other direction.
Staff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I move that the City Council award a contract to Ramirez Tree Service for the Simi Valley Landscape District No. 1 (LMD) Tree Maintenance Service, Contract D, Specification No.
SV 24-13, for an amount not -to-exceed $674,351 beginning on July 1, 2024 , to June 30, 2026, for a two-year term with an option to extend for three (3) additi onal one-year terms, and authorize the City Manager to approve any subsequent contract amendment s as well as incorporate future budgeted funds into the contract amount for the three, one-year term extensions.
3 A2448.SR.MG
SUMMARY
On February 29, 2024 , the Public Works Department solicited bids for the Simi Valley Landscape District No. 1 (LMD) Tree Maintenance Service, Contract D, Specification No.
SV 24-13. 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. The City received ten (10) bids on April 2, 2024. Ramirez Tree Service submitted the lowest bid and met the specification requirements, therefore, it has been determined that Ramirez Tree Service is the lowest responsive and responsible bidder. Staff recommends the City Council award a contract to Ramirez Tree Service for Contact D.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Dylan Gunning, Senior Management Analyst
INDEX Page
Ramirez Tree Service Contract ...................................................... 5
4 Contract No. 3240145
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
RAMIREZ TREE SERVICE
This CONTRACT is entered into this June 3, 2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and RAMIREZ TREE SERVICE, a California Corporation (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed six hundred seventy-four thousand three hundred and fifty-one dollars ($674,351) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The term of this CONTRACT is from July 1, 2024 through June 30, 2026.
This CONTRACT may be extended for three additional one-year terms, upon mutual written consent of the CITY and CONSULTANT. Pricing shall remain firm during the entire term of the contract. In the event a price 5 City of Simi Valley
Contract No. 3240145
RAMIREZ TREE SERVICE
A2448.CON.MG Specification SV 24-13
increase is negotiated at the time of an extension period, the increase rate shall not exceed the Consumer Price Index (CPI) rate for Los Angeles- Long Beach-Anaheim, CA area for the previous 12-month period (March to March). It is understood that the CONSULTANT’S work under the Work Orders issued may not be completed within the term of this CONTRACT; however, all terms and conditions of the CONTRACT including all rights and obligations, shall survive until the work is completed, except the CITY’S right to issue, and the CONSULTANT’S right to accept, additional Purchase Orders (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
6 City of Simi Valley
Contract No. 3240145
RAMIREZ TREE SERVICE
A2448.CON.MG Specification SV 24-13
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
7 City of Simi Valley
Contract No. 3240145
RAMIREZ TREE SERVICE
A2448.CON.MG Specification SV 24-13
The City The Contractor
Attention: Michael Sandoval Attention: Ernesto Ramirez
City of Simi Valley Ramirez Tree Service
2929 Tapo Canyon Road 581 Carmel Way
Simi Valley, CA 93063 Hemet, CA 92545
805-583-6450 (951) 490-2130
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified 8 City of Simi Valley
Contract No. 3240145
RAMIREZ TREE SERVICE
A2448.CON.MG Specification SV 24-13
by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
9 City of Simi Valley
Contract No. 3240145
RAMIREZ TREE SERVICE
A2448.CON.MG Specification SV 24-13
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
Approved as to Form: Ramirez Tree Service
By:
Algeria R. Ford, City Attorney
Print Name: Ernesto Ramirez
Approved as to Content: Title:
President
By:
Brian Paul Gabler, City Manager
Print Name: Eduardo Ramirez
Title:
Vice President
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
10