The URL can be used to link to this page

Home My Public Portal About13) 7I First Amendment Agreement West Coast ArboristsDATE: TO: FROM: PARKS AND RECREATION DEPARTMENT MEMORANDUM June 7, 2016 The Honorable City Council Bryan Cook, City Manager By: Cathy Burroughs, Director of Parks and Recreation AGENDA ITEM 7.1. SUBJECT: APPROVAL OF FIRST AMENDMENT TO THE AGREEMENT FOR TREE MAINTENANCE SERVICES WITH WEST COAST ARBORISTS RECOMMENDATION: The City Council is requested to approve the First Amendment to the Agreement for Tree Maintenance Services with West Coast Arborists (WCA) and authorize the City Manager to execute the Amendment. BACKGROUND: 1. On December 7, 1999, the City Council approved an Agreement with WCA for tree maintenance services. The Agreement was extended on an annual basis through 2011 . 2. On July 1, 2011, the City entered into a three-year Agreement with WCA. The Agreement was extended for an additional one year, through June 30, 2015, per the terms of Section 1 .3. 3. On May 19, 2015, the City Council approved a one-year Agreement with WCA with three (3) one-year renewal options. ANALYSIS: WCA is a for-profit California Corporation located in Anaheim with over 40 Certified Arborists and over 100 Certified Tree Workers. The company currently provides professional tree maintenance and management services for over 200 municipalities and public agencies throughout the states of California, Arizona, and Nevada including the neighboring cities of Alhambra, La Canada Flintridge, Orange, and Culver City. They have been providing contract tree maintenance services, including grid pruning , service request trimming, tree removals and tree plantings for the City of Temple City City Council June 7, 2016 Page 2 of 2 since 2000. The contract prices for various tree maintenance services have remained consistent, with minimal increases. Last spring, staff considered various options for contract tree maintenance services including issuing a Request for Proposals (RFP) fo r those services or entering into a new agreement with a qualified vendor as authorized in §2-5-8:8 of the Temple City Municipal Code (i.e., using a price established through a competitive bidding process by another federal, state, county or local government in substantial compliance with the City's purchasing code and processes). Due to uncertainties with the Department of Industrial Relations (DIR) wage determination for Landscape Maintenance Tree Trimmer and because the City of El Segundo had issued a RFP for similar tree maintenance services within the previous year which was awarded to WCA, staff determined the most reasonable option was to enter into a new agreement for tree maintenance services with WCA at the pricing provided to the City of El Segundo. Recently, WCA notified the City that the DIR had again revised the wage determination for the Tree Maintenance Laborer. The prevailing wage for this classification is now less than what was proposed last year by the DIR, but significantly more than the previous wage determination. WCA has provided a proposal to the City to renew the existing Agreement for Fiscal Year (FY) 2016-17 with a 2% Cost of Living Adjustment (COLA). Staff has prepared, and the City Attorney's Office has reviewed, the attached First Amendment to the Agreement for Tree Maintenance Services (Attachment "A") with WCA amending Section 1.1 [Term] and Section 2.1 [Compensation]. CITY STRATEGIC GOALS: Approval of the First Amendment to the Agreement for Tree Maintenance Services with WCA furthers the City's Strategic Goals of Public Health and Safety and Quality of Life. FISCAL IMPACT: Sufficient funds have been included in the Fiscal Year (FY) 2016-17 proposed budget for this purpose. ATTACHMENT: A. First Amendment to the Agreement for Tree Maintenance Services with West Coast Arborists ATTACHMENT A FIRST AMENDMENT TO THE AGREEMENT FOR TREE MAINTENANCE SERVICES by and between the CITY OF TEMPLE CITY and WEST COAST ARBORISTS Dated: June 7, 20 16 L_ FIRST AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES This First Amendment to the Agreement for Tree Maintenance Services ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY a California charter city ("City"), and West Coast Arborists, inc., a corporation ("Contractor"), as follows: RECITALS A. City and Contractor entered in an Agreement for Tree Maintenance Services on May 19, 2015 ("Agreement"). The Agreement provides that Contractor will perform for City those tree maintenance services specified in the Scope of Services. B. Section 1.1 of the Agreement [Tenn] provides that subject to the provisions of Section 8 [Termination] of the Agreement, the term of the Agreement is for 1 year commencing on July l , 2015 ("Term"). The Agreement may be renewed for up to an additional three (3) years upon mutual consent of the Parties. C. This First Amendment amends Section 1.1 to authorize renewal of the Agreement for one (1) year commencing on July 2016. D. Section 2.1 of the Agreement [Compensation] provides that City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit "C" [Compensation] incorporated by reference. Total compensation to Contractor for the Services shall not exceed the total price or "not to exceed" amount set forth in Exhibit "C," without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. E. This First Amendment amends Section 2.1 revising the compensation for tree maintenance services by 2% as set forth in the FY 2016-17 Schedule of Compensation attached hereto and incorporated by reference. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: I. AMENDMENT. The Agreement is hereby modified and amended as foll ows: 1.1 Term Section 1.1 of the Agreement is hereby amended as follows: Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is extended for 1 year commencing on July 1, 2016 and expiring on June 30, 2017. ("Term"). The Agreement may be renewed for up to an additional two (2) years upon mutual consent of the Parties. -2- 1.2 Compensation Section 2.1 of the Agreement is hereby amended as follows: City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in FY 2016-201 7 Schedul e of Compensation attached hereto and incorporated herein by reference as Attachment 1. Total compensation to Contractor for the Services shall not exceed the FY 2016-17 adopted City Budget for the specific services funded in the following accounts without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]: Acct. #47-970-83-4254 Acct. #47-970-83-4261 Acct. #47-970-83-4660 2. GENERAL PROVISIONS. Tree Trimming Tree Removal Tree Planting 2.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages 1 through _ inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Contractor. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY By:=---=-__,.----==-=----:--:--------Bryan Cook, City Manager -3- ATIEST: Peggy Kuo, City Clerk APPROVED AS TO FORM Eric S. Vail, City Attorney NOTE: CO TRACTOR: By: ------------------------ arne: __________________ __ Title: -------------------- By: ------------------------ Name: -------------------- Title: -------------------- CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -4- A notary public or other officer completing this certificate veri fie only the identity of the individual who signed the document to which this certificate i attached, and not the truthfulness, accuracy. or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On ________________ ~=2~0 ________________________________________ ___ beforeme, __ ~----------------------------------------~~~~~~--~----~· Date Name And nue Of Officer (e g ·Jane Doe. Nocary Publ>c") personally appeared----------------------------~~~~~------------------Name of Sogner(s) who proved to me on the basis of satisfactory evidence to be th e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea l. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: 0 Individual 0 Corporate Officer Title(s) 0 Partner(s) 0 Attorney-In-Fact 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: Name Of Person(s) Or Entity(ies) 0 Limited 0 General DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above A notary public or other officer completing Lhis certificate verifies only Lhe identity of !he individual who signed Lhe document to which this certificate i attached, and not the truthfulness, accuracy. or validity of !hat document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) On 20 before me, __ ~----------------------------------------------~~=-------------' Date Name And l ode Of Officer (e g •Jane Doe Nolary Publoc·) personally appeared ---------------,--....,...,.------------Name or Sogner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: 0 Individual 0 Corporate Officer Title(s) 0 Partner( s) 0 Attorney-In-Fact 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: Name Of Person(s) Or Entity(ies) 0 Limited 0 General DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above ATTACHMENT 1 City of Temple City FY 2016-2017 Schedule of Compensation Tree Maintenance Services provided by West Coast Arborists, Inc. Current Proposed I Item I Description I Unit Unit Prices Unit Prices 1 Grid Tree Pruning Each $ 59.00 $ 60.15 Service Request Tree Pruning (including Ficus trees) 2 Full Trim 0-6" dbh Each $ 30.00 $ 30.60 3 Full Trim 7-12" dbh Each $ 89.00 $ 90.75 4 Full Trim 13-16" dbh Each $ 89.00 $ 90.75 5 Full Trim over 16" dbh Each $ 240.00 $ 244.80 6 Clearance Trim 0-6" dbh Each $ 20.00 $ 20.40 7 Clearance Trim 7-16" dbh Each $ 30.00 $ 30.60 8 Clearance Trim over 16" dbh Each $ 40.00 $ 40.80 9 Trim Coco Palm Each $ 50.00 $ 51 .00 10 Trim Washingtonia Palm Each $ 50.00 $ 51 .00 11 Trim Date Palm Each $ 50.00 $ 51 .00 12 Tree & Stump Removal up to 36" dbh Dia. Inch $ 25.00 $ 25.50 13 Tree & Stump Removal over 36" dbh Dia. Inch $ 30.00 $ 30.60 14 Stump Only Removal Dia. Inch $ 10.00 $ 10.20 Tree Planting: 15 15 gallon tree w/ Barrier Each $ 150.00 $ 153.00 16 15 gallon tree w/out Barrier Each $ 125.00 $ 127.50 17 24 inch box tree w/ Barrier Each $ 275.00 $ 280.50 18 24 inch box tree w/out Barrier Each $ 250.00 $ 255.00 19 Crew Rental (3 men w/ equipment) Per hour $ 180.00 $ 183.60 19 Emergency Response Per hour $ 240.00 $ 244.80 20 Specialty Equipment Per hour $ 100.00 $ 102.00 21 GPS Tree Inventory Per tree site $ 2.00 $ 2.00 Proposed prices based on Consumer Price Index of 2.0%. Proposed prices become effective July 1, 2016.