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CC Resolution 13183 - Approving and Awarding Contract with Brightview Tree Care Services, Inc.
RESOLUTION NO. 13183 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL: 1) APPROVING AND AWARDING A ONE-YEAR SERVICE CONTRACT TO BRIGHTVIEW TREE CARE SERVICES INC., IN THE INCREASED AMOUNT OF $127,765, FOR MEDIAN LANDSCAPING SERVICES IN FY 25, AND THE OPTION TO RENEW UP TO FOUR (4) ADDITIONAL ONE-YEAR CONTRACT EXTENSIONS, FOR TOTAL OF UP TO FIVE YEARS, AND SUBSEQUENT CONTRACT AMOUNTS NOT TO EXCEED THE AMOUNT OF FUNDS PROGRAMMED EACH FISCAL YEAR IN THE PUBLIC WORKS PARKS MAINTENANCE OPERATING BUDGET DURING THAT FIVE-YEAR TERM LIMIT, AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100 WHEREAS, the Public Works Maintenance Division maintains approximately 365,000 square feet (8.4 acres) of median islands and other rights-of-way areas to promote safe travel conditions for pedestrians and vehicles; and WHEREAS, the City has contracted its median landscaping services to professional providers who possess the necessary training and equipment to maintain these features in a prompt and efficient manner; and WHEREAS in 2019, the City awarded a one-year service contract to Brightview Landscape to provide landscaping services for the City's medians and other rights-of- way areas through the end of FY 20, and has since received four additional one-year contract extensions to continue services through the end of FY 24; and WHEREAS, with the current landscaping contract set to expire in June of 2024, a new contract will be required to continue these services for the current fiscal year and beyond; and WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 13141 — approving the specifications and authorizing staff to solicit bids from qualified contractors interested in providing landscaping maintenance services for the City's median islands and public rights-of-way, as programmed in the proposed Parks Maintenance Operating Budget for FY 25, and the subsequent award of a one-year service contract, in an amount not to exceed $86,000, with the option to renew up to four additional one-year contract extensions, for a total of up to five years, and annual contract amounts not to exceed those programmed each fiscal year in the Parks Maintenance Operating Budget; and WHEREAS, the specifications with the request for bids were posted on the QuestCDN website on April 22, 2024, far a period of three weeks; and WHEREAS, at the end of the application submittal period, the City received a total of two proposals from the following contractors: BrightView and Dinsmore Landscape; and WHEREAS, after reviewing both proposals, staff determined that BrightView was the lowest, responsive bidder based on their total base bid amount and ability to provide services in accordance with the advertised scope of work; and WHEREAS, since Brightview's base bid amount exceeds the approved contract amount, staff has opted to exclude the irrigation reporting services proposed for eleven of the twelve median locations to eliminate an additional $44,812 in proposed service costs and reduce the proposed contract amount to $127,765; and WHEREAS, staff is requesting that the City Council approve and award a one-year service contract to BrightView, in the increased amount of $127,765, for median landscaping services in FY 25, with the option for the City to renew up to four additional one-year contract extensions, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Parks Maintenance Operating Budget during that five-year term; and WHEREAS, funding in the amount of $6,524 will be provided by the approved FY 25 Public Works Community Facilities District #2 Operating Budget to cover the costs. associated with the landscaping and irrigation services at the Jasmine Ct/Laurance Ct location; and WHEREAS, the remaining contract balance of $121,241 will be funded through the approved Public Works Parks Maintenance Operating Budget for FY 25, which includes the $86,000 allocated for contractual landscaping services and approximately in $35,241 in supplemental funds to be re-allocated from other park maintenance services; and WHEREAS, funding programmed for contractual landscaping services will be adjusted over subsequent fiscal years to replenish those funds re-allocated from other parks maintenance services in FY 25; and WHEREAS, staff also requests that the City Council authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and WHEREAS, the authority to renew four additional one-year service contracts, for a total of five years, is consistent with the agreement's terms of service and the option to renew pending the City's landscaping needs and amount of funds programmed in the Public Works Parks Maintenance Operating Budget; and WHEREAS, if required, budget adjustments will be made accordingly to accommodate the service needs of future contract years and to offset any impacts on the budget at that time. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby 1) approves and awards a one-year service contract to Brightview Tree Care Services, Inc., in the increased amount of$127,765, for median landscaping services in FY 2025, and the option to renew up to four (4) additional one-year contract extensions, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Public Works Parks Maintenance Operating Budget during that five-year term limit, and 2) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100. PASSED AND ADOPTED this 16th day of July, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Susan M. Landry, ayor ` \\J ATTEST: Andrea Sand44404,ajt. City Clerk Landscape Maintenance Service for Median Islands and Right-of-Ways Yellow Highlight=City opting Bid Sheet out of Service&Extended Price Description(Section 8) Unit Quantity Unit Cost Extended (Revocable) Price 1 Bascom Ave Medians 1A Landscape Service as described in Section 6.1 Each 6 $2,220.93 $13,325.58 1B Monthly Irrigation Report as described in 6.5 • Each 12 $278.98 1 $3,347.76 2 Hamilton Ave Medians 2A Landscape Service as described in Section 6.1 Each , 4 $8,957.67 $35,830.68 2B Monthly Irrigation Report as described in 6.5 Each 12 j$943.56 $11,322.72 3 Hamilton Ave - Hwy 17 On Ramp Frontage 1 3A Quarterly Landscape Service as described in Section 6.1 Each 4 $620.31 $2,481.24 4 Winchester Blvd. Medians 4A Landscape Service as described in Section 6.1 Each 4 _ ;$3,325.24__ $13,300.96 4B Monthly Irrigation Report as described in 6.5 Each 12 $467.27 $5,607.24 5 Campbell Ave Medians SA Landscape Service as described in Section 6.1 Each 4 $1,674.16 $6,696.64 5B Monthly Irrigation Report as described in 6.5 Each 12 $250.19 $3,002.28 6 San Tomas Expressway Medians 6A Landscape Service as described in Section 6.1 ' Each 4 $2,276.04 $9,104.16 6B Monthly Irrigation Report as described in 6.5 Each 12 .$449.87 $5.398.44 7 Westmont Ave Medians 7A Landscape Service as described in Section 6.1 Each 4 1$613.89 t$2,455.56 7B Monthly Irrigation Report as described in 6.5 Each 12 $232.33 $2,787.96 8 Creekside Way Medians ' 8A Landscape Service as described in Section 6.1 Each 4 $1,281.55 $5,126.20 8B Monthly Irrigation Report as described in 6.5 Each 12 tS243.31 $2,919.72 9 Winchester/Hacienda Percolation Pond 9A Landscape Service as described in Section 6.1 Each 4 1$1.130.01 $4,520.04 _ 9B Monthly Irrigation Report as described in 6.5 Each 12 $240.42 $2,885.04 Community Facilities District tt2(Jasmine 10 Court/Laurance Ct ) !. 10A Landscape Service as described in Section 6.1 Each 12 $306.77 i $3,681.24' t 10B I Monthly Irrigation Report as described in 6.5 _ Each 12 $236.99 $2,843.88 11 ! Hacienda Ave C3 Water Treatment Parkstrips 1 11A Landscape Service as described in Section 6.1 Each 12 $2,173.28 $26,079.36 11B Monthly Irrigation Report as described in 6.5 Each 12 $522.90 _$6,274.80 12 Camden Ave Medians 1 12A Landscape Service as described in Section 6.1 Each 1 3 $773.32 $2,319.96 12B I Monthly Irrigation Report as described in 6.5 Each 4 !$316.64 $1,266.56 TOTAL BID AMOUNTIIIMMIIIIIIII $172,578.02 Total Bid Amount in Written Form: One hundred seventy-two thousand five hundred seventy-eight dollars and two cents. BP-1 FIRST AMENDMENT TO SERVICES AGREEMENT This 1"AMENDMENT,effective as oFiuly 1,2024 (theist Amendment")to the SERVICES AGREEMENT,dated October 25,2023,is made by and between the City of Campbell(herein called "City"),and BRIGHTVIEW TREE CARE SERVICES,1800 Duane Ave,Santa Clara,CA 95054(herein called "Service Provider").City and Service Provider may be referred to individually as a "Party"and collectively,as the "Parties". RECITALS WHEREAS,City and Service Provider entered into a Services Agreement("Agreement"),dated October 25,2023,to provide citywide tree services including but not limited to prune,plant, remove and provide emergency tree care response all incorporated by this reference;and WHEREAS,Service Provider represents that it has the expertise,means,and ability to perform said provision to Citywide tree services to prune, plant, remove and provide emergency tree care response; and WHEREAS,services under this contract will be performed under individual purchase orders based on project needs. AGREEMENT NOW,THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto,and that the Agreement is hereby amended as follows: 1. Terms of the Agreement is hereby amended to read as follows: The services and/or materials furnished under this Agreement shall commence on 7/1/2024 and shall be completed before 6/30/2025. 2. Compensation of the Agreement is hereby amended to read as follows: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a time and material basis in an amount not to exceed;$100,000.00, unless authorized otherwise by City. Notwithstanding these amended terms of the original Agreement by this ist Amendment, all other applicable terms and conditions of the original Agreement and attachments, and other prior amendment(s),shall remain in full force and effect.The terms of this 1"Amendment shall control if any conflict•exists. Each Party acknowledges that it has reviewed this 1:t Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this 1st Amendment. The unenforceability,invalidity or illegality of any provision(s)of this 15t Amendment shall not render the other provisions unenforceable, invalid or illegal. Amendment to Services Agreement Page 1 of 2 The Parties may execute this 1st Amendment in two or more counterparts,which shall,in the aggregate, be deemed an original but all of which,together,shall constitute one and the same instrument.A scanned,electronic,facsimile or other copy of a Party's signature shall be accepted and valid as an original. The signatories to this 1st Amendment warrant and represent that each is authorized to execute this 1st Amendment and that their respective signatures serve to legally obligate their respective representatives,agents,successors and assigns to comply with the provisions of this 1'Amendment. IN WITNESS WHEREOF,the City and the Service Provider have executed this 1st Amendment effective as of the date shown above. IN WITNESS WHEREOF,Service Provider and the City have executed this 1st Amendment to the Agreement effective as the date shown above. Service Provider City of Campbell f�r��1%1W�L/A. ` �lLDiz - %e(/G�fwee V �I V IV ✓ Li G��/ Todd Capurso Public Works Director Date: 7/18/24 Date: 07/18/24 • Amendment to Services Agreement Page 2 of 2 -,•-•--*-ss:-r�- -rs---'Z.T^9.." "e"h--w-a-dts�.- .,.s •:.._tsT*--s., _........._ _____............. 0 Firs-t , ndment t Contract 9 4- 7 17 f rli i ree cam. re Services - bnn t ew t Final Audit Report 2024-07-18 i Created: 2024-07-17 By: Rebekah Rodriguez(rebekahr@oampbellca_gov) Status: Signed11 Transaction ID: CBJCHBCAABAAhCFFICxslivuNtlhs-NtCbLaGyGsEGjj8 li { `I i "First Amendment to Contract 2024-07-17 for Tree Care Service 1 s - BrightView" History ..', Document created by Rebekah Rodriguez(rebekahr@campbellca.gov) +, 2024-07-17-4:31:42 PM GMT I 1 i Document emailed to Brandon Steene(brandon.steene@brightview.com)for signature , 2024-07-17-4:31:50 PM GMT s wV i Email viewed by Brandon Steene(brandon.steene@brightview.com) 1 2024-07-18-2:18:40 PM GMT 1fA) Document e-signed by Brandon Steene (brandon.steene a@brighlview.com) • Signature Date:2024-07-18-2:19:05 PM GMT-lime Source:server Document emailed to Todd Capurso(toddc@campbellca.gov)for signature 2024-07-18-2:19:07 PM GMT ,."i Email viewed by Todd Capurso(toddc@campbettca.gov) i 2024-07-18-3:59:21 PM GMT , • Ir-n Document e-signed by Todd Capurso(toddc©campbellca.gov) i 1 Signature Date:2024-07-18-4:13:52 PM GMT-Time Source:server *, ,' Agreement completed. 3 2024-07-18-4:13:52 PM GMT li I t f 2 1 Lyt,,t Adobe Acrobat Sign _ of'�aMn • MEMORANDUM �� = City of Campbell •u %' • Public Works/Service Center • •o4c,"yo To: Andrea Sanders Date: 07/18/2024 City Clerk From: Rebekah Rodriguez Executive Assistant Subject: Tree Care Services for FY24-25 Attached is an original First Amendment to Services Agreement for annual tree care services for FY24-25. This project was awarded to BrightView Tree Care Services for the contract for tree care services and the Public Works Director will execute the agreement to have the work performed by BrightView Tree Care Services. • • • • https://cityofcampbell.sharepoint.com/sites/PublicWorks/Shared Documents/Service/Service Center Files/1300 Projects_Contracts/FY 2024- 25/Tree Care Service SC25-07/Contract Memo to City Clerk 2024-07-18.doc