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HomeMy WebLinkAbout06 - CC-6 - Amend Contract- West Coast Arborists Inc - 1/19/2016 (2)CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 19, 2016 ITEM NUMBER: CC -6 SUBJECT AMEND CONTRACT - WEST COAST ARBORISTS, INC. DATE: JANUARY 8, 2016 FROM: PUBLIC SERVICES/ MAINTENANCE SERVICES DIVISION PRESENTATION BY: ERNESTO MUNOZ, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BRUCE HARTLEY, MAINTENANCE SERVICES MANAGER (714) 754-5123 RECOMMENDATION Approve an amendment, in the amount of $85,000, to the agreement for tree maintenance services with West Coast Arborists, Inc., 2200 E. Via Burton Street, Anaheim, California 92806. BACKGROUND The City of Costa Mesa entered into a five (5) year agreement with West Coast Arborist, Inc. (WCA) on October 1, 2012, terminating on September 30, 2017. The agreement provided for comprehensive tree maintenance services. On May 6, 2014, the City Council authorized the CEO to execute Change Order #1, in the amount of $100,000, for a one-time tree planting program. That work was completed satisfactorily. The requested amendment would provide additional annual spending authority to allow for WCA to provide tree removal, root pruning and tree evaluation services in support of the City's Parkway Maintenance Capital Improvement projects and would also approve additional funding and spending authority to continue to provide tree maintenance through the remainder of FY 15-16 without reducing the service levels of the current program. ANALYSIS WCA is the City's current tree maintenance contractor. The company has provided tree maintenance services to the City for over 16 years. Typically, when the Public Services Department contracts for concrete replacement (Parkway Maintenance Program) the services of a Certified Arborist are needed to evaluate and provide recommendations for any tree that is causing damage to concrete curb, gutters, or sidewalks. Additionally, following that evaluation process, the removal and replanting of some trees is required, while others require root pruning. The evaluation, removal and replanting work typically requires separate bidding processes. To take advantage of the low unit costs of the WCA contract and to expedite the tree -related portion of the larger concrete replacement projects, staff is requesting that additional compensation authority be added to the existing WCA contract. This would allow the Maintenance Services Division to coordinate with WCA to complete all the advance work necessary and speed the Parkway Maintenance projects. In the past, the Engineering Division conducted competitive bids for tree services prior to each project. The pricing was typically higher and the work product of lesser quality than WCA would provide. By adding spending authority to the current contract, with separate tracking, the needs of the Engineering Division may be met without impacting the City Arborist or reducing the funding to the existing maintenance trimming operation. The second component of the requested amendment is to address the shortage of funding currently being experienced due to the higher than expected quantities of tree removals; large tree crown reductions; and the increase in root pruning and barrier installations over the prior year. Due to the increasing mortality rates of City trees caused by years of drought and the subsequent attacks by insects, the removal of dead trees in the past year has increased dramatically. Combined with the higher cost of reducing the size of ficus trees that are becoming more of a risk for large limb failure, the result has been a unusually rapid depletion of the funds budgeted annually for regular tree maintenance. Other areas of the urban forestry program have also contributed to the higher than expected costs. Increased root pruning and barrier installations to preserve mature trees and reduce the potential for trip and fall claims and the increased number of new tree planting requests from residents have each resulted in expenditures well above previous years. Additional funding and spending authority of $50,000 is requested to ensure that there is sufficient funding through the winter and spring when winter storms may increase the need to remove dead trees promptly; require emergency services during or following storms; and to continue the preventative maintenance pruning schedule, keeping to the 3-5 year cycle. ALTERNATIVES CONSIDERED The Council could decline this contract amendment request. This would result in the Engineering Division continuing the separate bidding process for tree services with each project at a greater cost. It would also require the issuance of a Request for Proposals to obtain the services of a Certified Arborist to evaluate the trees separately from the removal contractor. Additionally, the current urban forestry program would cease maintenance trimming and planting, preserving funding only for dead tree removal, urgent special requests, and emergency responses until July 1, 2016, the start of the new fiscal year. FISCAL REVIEW Funding for the Capital Improvement component of this amendment is included in the 2015-16 fiscal year adopted Capital Improvement Program budget, with future years' funding pending the annual budget review process. The funding is included in the project budget and may be partially provided through the grants that are utilized for the project. Funding for the increase in funding for the on-going Urban Forestry Program is requested from undesignated General Funds. 2 LEGAL REVIEW The City Attorney's Office prepared the attached amendment and has approved it as to form. Public Contract Code section 22175 et seq. does not apply to this amendment because it does not fall within the contract areas specified in Public Contract Code section 22178(a). CONCLUSION In order to provide support for and expedite the Parkway Maintenance program; to ensure proactive preparation for winter storms, and to maintain the current service levels in the tree maintenance program, it is recommended that the amendment be approved with West Coast Arborists, Inc. and that additional funding be authorized. ERNESTO MUNOZ BRUCE HARTLEY Public Services Director Maintenance Services Manager ATTACHMENT: 1 First Amendment to Professional Services Agreement DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer City Attorney Interim Finance Director City Clerk Staff File 3 ATTACHMENT #1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("Amendment") is made and entered into 2016 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation (the "City"), and WEST COAST ARBORISTS, a California corporation ("Consultant"). Recitals WHEREAS, the City and Consultant entered into a Professional Services Agreement on October 1, 2012 to provide tree maintenance services, including trimming, pruning, planting and removal (the "Agreement"); and WHEREAS, City desires to increase the maximum annual compensation limit to allow Consultant to provide tree maintenance services to support the City's Parkway Maintenance Capital Improvement program; and WHEREAS, City also desires to ensure there is adequate funding for Consultant to continue to provide tree maintenance services, including prompt removal of dead trees, emergency services during or following storms, and preventive maintenance, throughout the year; and WHEREAS, Consultant is willing to perform such services. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 2.1 of the Agreement is hereby amended to add $85,000 to the maximum annual compensation limit. This amount reflects $35,000 for Consultant's services in support of the City's Parkway Maintenance Capital Improvement projects and $50,000 to ensure there is sufficient funding for tree removal, emergency services during or following storms, and maintaining the preventive maintenance pruning schedule. 2. All other terms and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above. [Signatures appear on the following page.] a] CITY OF COSTA MESA, A municipal corporation Date: Chief Executive Officer Date: Interim Finance Director Date: Public Services Director CONSULTANT Date: Signature Name and Title Social Security or Taxpayer ID Number ATTEST: City Clerk APPROVED AS TO FORM: Date: City Attorney