HomeMy WebLinkAbout95-79 - Authorize a Sole Source for Tree Maintenance ServicesRESOLUTION NO. 5- %
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, FOR FINDINGS
AND DETERMINATION TO WAIVE THE BID PROCESS
AND AUTHORIZE A SOLE SOURCE FOR TREE
MAINTENANCE SERVICES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
1. It is necessary to maintain the trees within the rights-of-way, City parks and
facilities on a regular basis.
2. The advertisement for competitive bids in 1993 resulted in four bid proposals in
excess of $198,666.00, which exceeded the City of Costa Mesa estimate and budget of
$176,100.00 for the above -referenced project for 1993-94 and no other bidders appear to be
available to bid on this project at an annual rate of $176,000.00 for the ten-year period.
3. In regard to the above -referenced public works project, competitive proposals
work an incongruity, are unavailing as affecting the final result, do not produce an advantage,
and it is practically impossible to obtain what is required and to observe the form set forth in
Public Contracts Code Section 20162.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, California, waives the bidding requirements for tree maintenance services on City of
Costa Mesa public property and authorizes the award of a sole source contract for this project
to West Coast Arborists as set forth in Exhibit 1, attached hereto and incorporated herein by this
reference.
PASSED AND ADOPTED this 2nd day of October, 1995.
ATTEST:
1•
Deputy Ci Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
Ma of the City of Costa Mesa
APP?(
AS TO FORM
CITY ATTORadEY
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 5 -h l
was duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 2nd day of October, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 3rd day of October, 1995.
09
1.
Deputy Cit Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
EXHIBIT NO. 1
AMENDMENT TO AGREEMENT
This Agreement is entered into this 2nd day of October, 1995, by and between the
CITY of Costa Mesa, a municipal corporation ("CITY"), and West Coast Arborists, Inc., whose
addrbss is 7072 Thomas Street, Buena Park, California, 90621 ("CONTRACTOR"). This
Amendment is made with reference to the following:
RECITALS
A. WHEREAS, CITY and CONTRACTOR entered into an Agreement dated October
2, 1993, wherein CONTRACTOR agreed to perform maintenance services for CITY trees;
B. WHEREAS, the terms of the Agreement was for one year initially with the ability
to be extended for up to three additional one year periods;
C. WHEREAS, CITY and CONTRACTOR desire to amend the Agreement to change
the term of the Agreement for a ten (10) year extension at the current rate of compensation;
D. WHEREAS, the CITY Council finds that a ten (10) year extension of the
Agreement will promote stability at a predictable cost and provide top quality tree maintenance
for time certain.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
Paragraph 1 . Paragraph 4 of the Agreement shall be amended to read as follows:
"a. The term of this contract shall be for a period of ten (10) years,
commencing November 1, 1995, unless terminated pursuant to paragraphs 4C
or 29 of this contract.
b. CITY shall pay CONTRACTOR a sum not to exceed $176,000 for services
rendered for each year of the ten (10) year term of this Agreement. Payment
shall be made according to the billing schedule set forth in paragraph 6 of this
contract.
C. Notwithstanding the provisions in paragraph 29, the contract may be
terminated upon thirty (30) days written notice by either party with or without
cause. CONTRACTOR agrees that CITY shall not be liable for any damages
incurred by CONTRACTOR due to CITY's termination before the expiration of the
term of this contract."
Except as expressly amended by this Amendment to the Agreement, all other terms and
conditions of the October 4, 1993, Agreement and all exhibits thereto shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
CITY OF COSTA MESA
May
ATTEST:
Deputy ClY Clerk
of the Ci of Costa Mesa
TMW AAN.9A 10820.961
WEST COAST ARBORISTS, INC.
By:
GZ�C
Patrick 0. Mahoney, President
APPROVED AS TO FORM:
City Attorney