LSSR.2401.MG
CIT
Y OF SIMI VALLEY
MEMORANDUM
Dec
ember 2, 2024
TO: Cit
y Council
FR
OM: Department of Public Works
SUBJ
ECT: AWARD CONTRACT TO VENCO WESTERN INC. FOR SIMI VALLEY LANDSCAPE DISTRICT NO. 1 MAINTENANCE SERVICE, CONTRACT B, SPECIFICATION NO. SV 25-08
STAFF RECOMMENDATION
It
is recommended that the City Council:
1. Aw
ard contract to Venco Western Inc. (Venco) (page 4), for the Simi Valley Landscape District No. 1 Maintenance Service, Contract B, Specification No. SV 25- 08, for an amount not-to-exceed $1,237,190.96 for a two-year term from January 1, 2025, to December 31, 2026, with an option to extend for three (3) additional one- year terms; and,
2. Aut
horize the City Manager, or her designee, to approve any subsequent contract amendments as well as incorporate future budgeted funds into the contract amount for the one-year term extensions in accordance with the contract.
BACKGROUND AND OVERVIEW
On F
ebruary 29, 2024 , the Public Works Department solicited bids for the Simi V alley Landscape District No. 1 Maintenance Service, Contract B, Specification No. SV 25- 08 that services central Simi Valley . Two (2) bids were received on October 29 , 2024. The City’s current contract that was awarded on January 13, 2020, for $1,037,594.68 with a current not -to-exceed amount of $3,137,751.16 expires on December 31 , 2024. The proposed contract is a two-year term from January 1, 2025, to December 31, 2026, with an option to extend for three (3) additional one-year terms.
FINDINGS AND ALTERNATIVES
On
October 9, 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 October 17, 2024, with representatives from nine (9) landscape maintenance companies. On October 29, 2024, the City received two (2 ) bids for the Simi Valley Landscape District No. 1 Maintenance Service, Contract B, Specification No. SV 25-08. The bids are summarized below.
AGENDA I
TEM NO.
Consent (8)
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CONTRACTOR SCHEDULE I & III TWO-YEAR BID
Venco Western Inc. $1,187,190.96*
Parkwood Landscape Maintenance Inc. $2,241,630.79*
*Reflects revised calculations due to rounding or mathematical errors.
Staff reviewed the bids and found that Venco submitted the lowest bid and met the specification requirements. Therefore, it has been determined that Venco is the lowest responsive and responsible bidder.
The award of the contract is based on the total of Schedule I, Schedule II, and Schedule III allocations combined. Schedule I represents complete landscape maintenance care for the City’s Landscape Zones and Areas during the term of the contract. Schedule III represents landscape maintenance care at 26 Simi Valley Waterworks District No. 8 facilities. Schedule II represents potential supplemental work for site upgrades, repair work due to unforeseen reasons, or other such work not included in Schedule I or III.
Schedule II contingency funds will only be spent if needed, and any unspent funds would be reallocated at the end of each fiscal year. The amounts listed in the table below under Schedule II are based on estimated quantities, and actual expenditures may vary, but will stay within the budgetary limits of $25,000 per fiscal year.
Funding for this contract is spread over FY 2024-25, FY 2025-26, and FY 2026-2027. The approximate breakdown for the total contract cost is as follows:
S chedule I Schedule III Bid Total Schedule II
(Contingency) Total Cost
FY 2024-25
Jan-June $244,657.74 $52,140.00 $296,797.74 $12,500.00 $309,297.74 FY 2025-26
July-June $489,315.48 $104,280.00 $593,595.48 $25,000.00 $618,595.48 FY 2026-27
July-Dec $244,657.74 $52,140.00 $296,797.74 $12,500.00 $309,297.74 Totals $978,630.96 $208,560.00 $1,187,190.96 $50,000.00 $1,237,190.96 S
taff recommends awarding the contract to Venco Western Inc. from January 1, 2025, to December 31, 2026, for a two-year term with an option to extend for three (3) additional one-year terms.
T
he following alternatives are available to the City Council:
1. A
ward the attached contract to Venco Western Inc. for the Simi Valley Landscape District No. 1 Maintenance Service, Contract B, Specification No. SV 25- 08, for an amount not-to-exceed $1,237,190.96 from January 1, 2025, to December 31, 2026, for a two-year term with an option to extend for three (3) additional one-year terms; and,
2. A
uthorize the City Manager , or her designee, 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 with the contract. 2 LSSR.2401.MG
3. Do not award a contract at this time and provide staff with further direction.
S
taff recommends Alternative Nos. 1 and 2.
SUGGESTED CITY COUNCIL MOTION
I m
ove that the City Council award a contract to Venco Western Inc. for the Simi Valley Landscape District No. 1 Maintenance Service, Contract B, Specification No. SV 25-08, for an amount not-to-exceed $1,237,190.96, for a two-year term with an option to extend for three (3) additional one- year terms, and authorize the City Manager , or her designee, to approve any subsequent contract amendments, and incorporate future budgeted funds into the contract, if extension options are exercised.
SUMMARY
On
October 9, 2024, the Public Works Department solicited bids for the Simi Valley Landscape District No. 1 Maintenance Service, Contract B, Specification No. SV 25- 08.
A notice inviting bids was published in local newspapers, submitted to various publications and plan rooms, emailed to contractors on the City’s contractors ’ list, and posted on the City’s website. The City received two (2) bids on October 29, 2024. 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. Staff recommends the City Council award a two (2) year contract to Venco Western Inc. for an amount not -to-exceed $1,237,190.96 from January 1, 2025, to December 31, 2026.
___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Dylan Gunning, Senior Management Analyst
INDEX Page
V
enco Western Inc. Contract ......................................................... 4 3 Contract No. 3250052
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF SIMI VALLEY AND
VENCO WESTERN, INC.
T
his CONTRACT is entered into this 2nd day of December 2024, by and between the CITY OF SIMI VALLEY, a general law city and municipal corporation (“the City”) and VENCO WESTERN INC., a California Corporation (“the Contractor”). The Parties agree as follows:
1. WO
RK.
A. T
he 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. T
he Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. T
he 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. CO
NTRACT SUM. The City agrees to pay the Contractor a sum not to exceed one million, two hundred thirty -seven thousand, one hundred ninety dollars and ninety -six cents ($1,237,190.96) 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. T
IME FOR PERFORMANCE.
A. T
he term of this CONTRACT is from January 1, 2025 through December 31, 2026. This CONTRACT may be extended for three additional one-year terms (“Contract Time”). . Pricing remains fixed during the term of the contract including any term extensions.
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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.
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 5 City of Simi Valley
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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 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:
The City The Contractor
Attention: Ronald K. Fuchiwaki Attention: Mario DelNagro Public Works Director President
City of Simi Valley Venco Western Inc.
2929 Tapo Canyon Road 2400 Eastman Ave, Oxnard CA 93030 Simi Valley, CA 93063 805-432-0493
Staff Contract: Michael Sandoval [email protected] Maintenance Superintendent
(805) 583-6450
[email protected]
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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, notic es 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 an d, 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 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 f acsimile signature will be treated in all respects as having the same effect as an original signature.
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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.
[SIGNATURES ON NEXT PAGE]
8 City of Simi Valley
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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: Venco Western Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Mario DelNagro
Approved as to Content: Title: President
By:
Samantha C. Argabrite, City Manager
Print Name: Peter Christl
Title: CFO
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Ronald K. Fuchiwaki
Public Works Director
9