HomeMy WebLinkAboutAgenda Report - October 17, 2018 C-03TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C- 3
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to 2016-
2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, and
Authorizing City Manager to Execute Change Orders ($400,000)
MEETING DATE: October 17, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2
to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc.,
of Anaheim, and authorizing City Manager to execute change orders in an
amount not -to -exceed $400,000 per Fiscal Year.
BACKGROUND INFORMATION: The Public Works Department manages an annual contract that
provides for structural pruning, maintenance trimming, stump grinding,
emergency calls, removal of City trees, pest control, and tree planting
at various locations throughout the City.
The 2016-2018 Tree Maintenance Contract was awarded to West Coast Arborists, Inc., of Anaheim, on July
20, 2016, in the amount of $472,100.
Council approved Amendment No. 1 on June 20, 2018, which extended the contract through June 30, 2019
(with an optional second year that would extend the contract through June 30, 2020), as well as establishing
a Consumer Price Index adjustment to the unit prices. This item will clarify past contract change orders as
well as authorizing future change orders.
Summary of Contract Activity:
Original Contract (FY 2016/18)
CO* 1 — Misc. Parks Dept. Service Needs
CO 2 — Hutchins Street Square Trimming Services
CO 3 — Lodi Lake Emergency Tree Removals
CO 4 — Misc. Parks Dept. Service Needs
CO 5 — Misc. Parks Dept. Service Needs (FY 17/18)
CO 6 — Misc. Parks Dept. Service Needs
CO 7 — Misc. Lodi Electric Service Needs
CO 8 — Additional Street Service Needs
Total Original + Change Orders:
Amend No. 1 — Extended Contract through FY 18/19
Amount Date Executed Authority**
$ 472,100 08/10/2016
$ 15,000 08/26/2016 CM
$ 5,846 10/19/2016 CM
$ 4,030 02/22/2017 PWD
$ 25,000 04/04/2017 CM
$ 25,000 07/05/2017 CM
$ 30,000 01/24/2018 CM
$ 15,000 02/26/2018 CM
$ 50,000 04/06/2018 CM
$ 641,976
$ 200,000 08/13/2018
Clarified Not -to -Exceed Amount $841,976
*Change Order (CO)
**City Manager (CM)/Public Works Director (PWD)
APPROVED: 5; Il
P Schwaba(ier, City Manager
K:\WP\PROJECTS\STREETS\2016-18 Tree Maintenance \CChangeOrdersl8-19.docx\CChangeOrdersl8-19.docx
10/3/2018
Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, and
Authorizing City Manager to Execute Change Orders ($400,000)
October 17, 2018
Page 2
Amendment No. 2 clarifies the aggregate contract not -to -exceed amount of $841,976. The intention of Staff
was to add $200,000 in contract authority with Amendment No. 1, in addition to the original contract and all
previously executed change orders 1-8. However, the total included in the executed amendment showed a
total contract value of $641,976, which did not include the additional $200,000 requested and was
insufficient to provide tree trimming services for the remainder of the current contract term. All previous
funds for change orders were approved previously in various budget adoptions, as is the $200,000 originally
approved by Council with Amendment No. 1.
Staff recommends authorizing City Manager to execute Amendment No. 2 to 2016-2018 Tree Maintenance
Contract with West Coast Arborists, Inc., of Anaheim. Staff also recommends authorizing City Manager to
Execute change orders in an amount not -to -exceed $400,000 per Fiscal Year. This amount is higher than
the typical annual contract expenditures in order to account for extreme winters when rain and/or wind
cause substantial tree damage. Budget controls are already in place to prevent Staff from spending beyond
authorized budget limits in any given Fiscal Year.
FISCAL IMPACT: There will not be a cost difference based on this change.
FUNDING AVAILABLE: Funding for this contract was adopted in the Fiscal Year 2018/19 Budget.
(_/tY,r'A. )62 -)/)-
Andrew Keys
Deputy City Manager/Internal Services Director
C�JLQQ
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/tdb
Attachment
cc: Utility Manager
West Coast Arborists, Inc.
K:\WP\PROJECTS\STREETS\2016-18 Tree Maintenance\CChangeOrdersl8-19.docx\CChangeOrdersl8-19.docx 10/3/2018
AMENDMENT NO. 2
WEST COAST ARBORISTS, INC.
CONTRACT
THIS AMENDMENT NO. 2 TO CONTRACT, is made and entered this day of
, 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and WEST COAST ARBORISTS, INC., a California corporation (hereinafter
"CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Contract on August 10, 2016 and
Amendment No. 1 on August 13, 2018 (collectively the "Agreement"), as set forth in Exhibit 1,
attached hereto and made part of; and
2. WHEREAS, CITY requested to amend the Agreement to clarify the not -to -exceed amount of
the Agreement, to include the original Contract amount ($472,100), Change Orders 1 through
8 ($169,876), and the addition of $200,000 for services through June 30, 2020, for a total not -
to -exceed amount of $841,976; and
3. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on
the date and year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "CITY"
WEST COAST ARBORISTS, INC., a California
corporation
hereinabove called "CONTRACTOR"
STEPHEN SCHWABAUER PATRICK MAHONEY
City Manager President
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney
Exhibit 1
AMENDMENT NO. 1
WEST COAST ARBORISTS, INC.
CONTRACT
THIS AMENDMENT NO. 1 TO CONTRACT, is made and entered this !312 day of
,u- , 2018, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and WEST COAST ARBORISTS, INC., a California corporation (hereinafter
"CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a Contract on August 10, 2016 (the
"Agreement"), as set forth in Exhibit 1, attached hereto and made part of; and
2. WHEREAS, CITY requested to amend said Agreement to increase the fees by $200,000, for a
total contract amount of $641,976, and amend the unit prices by 3.18 percent (annual
Consumer Price Index adjustment), as set forth in Exhibit 2, attached hereto and made part of;
and
3. WHEREAS, CITY requested to extend the term of the agreement through June 30, 2019; and
4. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "CITY"
),••
STEPH I-IWABAUER
WEST COAST ARBORISTS, INC., a California
corporation
hereinabove called "CONTRACTOR"
PATRICK MAH]NEY
City Manager President
Attest
E
NIFER M
r1? ] ,rAive_AA
FERRAIOLO, City Clerk
Approved as to Form:
JANICE D; MAGDICH, City Attorney
2016-2018 TREE MAINTENANCE
CITY OF LODI, CALIFORNIA
Exhibit 1
CONTRACT
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein
referred to as the "City," and WEST COAST ARBORISTS, INC., herein referred to as
the "Contractor."
WITNESSETH
That the parties hereto have mutually covenanted and agreed, and by these presents do
covenant and agree with each other, as follows:
The complete Contract consists of the following documents which are incorporated
herein by this reference, to -wit:
Notice Inviting Bids
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bonds
Plans
The July 1992 Edition,
Standard Specifications,
State of California,
Business and Transportation Agency,
Department of Transportation
All of the above documents, sometimes hereinafter referred to as the "Contract
Documents," are intended to cooperate so that any work called for in one and not
mentioned in the other is to be executed the same as if mentioned in all said
documents.
ARTICLE I - That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the City and under the condition expressed in
the two bonds bearing even date with these presents and hereunto annexed, the
Contractor agrees with the City, at Contractor's cost and expense, to do all the work and
furnish all the materials except such as are mentioned in the specifications to be
furnished by the City, necessary to construct and complete in a good workmanlike and
substantial manner and to the satisfaction of the City the proposed improvements as
shown and described in the Contract Documents which are hereby made a part of the
Contract.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and
does hereby employ, the Contractor to provide all materials and services not supplied by
the City and to do the work according to the terms and conditions for the price herein,
and hereby contracts to pay the same as set forth in Section 5 600, "Measurement,
Acceptance and Payment," of the General Provisions, in the manner and upon the
conditions above set forth; and the said parties for themselves, their heirs, executors,
administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7,
Division 2 of the Labor Code, The Contractor and any Subcontractor will pay the
general prevailing wage rate and other employer payments for health and welfare,
CJN' R'\CT Coc
4.1
36129!16
pension, vacation, travel time, and subsistence pay, apprenticeship or other training
programs. The responsibility for compliance with these Labor Code requirements is on
the prime contractor.
ARTICLE IV - And the Contractor agrees to receive and accept the following prices as
full compensation for furnishing all materials and for doing all the work contemplated
and embraced in this agreement; also for all loss or damage arising out of the nature of
the work aforesaid or from the action of the elements, or from any unforeseen difficulties
or obstructions which may arise or be encountered in the prosecution of the work until
its acceptance by the City, and for all risks of every description connected with the work;
also for all expenses incurred by or in consequence of the suspension or discontinuance
of work and for well and faithfully completing the work, and the whole thereof, in the
manner and according to the Plans and Contract Documents and the requirements of
the Engineer under them, to -wit:
The work may include, but is not limited to, maintenance pruning (structural and
clearance) and crown reductions, tree removals, stump grinding, mistletoe removal, tree
pest control, palm tree pruning, and emergency call outs as specified in the bid
summary. All work shall be completed in accordance with the standards set forth by the
International Society of Arboriculture Pruning Standards (Best Management Practices)
and the ANSI A300 Standards. Successful bidder shall have a Certified Arborist on staff,
who will supervise all tree care operations. Special projects that are difficult to access
require the need for specialty equipment (i.e., crane), service request pruning, or
pruning to reduce and/or pruning to restore would fall under Crew Rental. All work shall
be done as described in the Specifications for the above project.
See Section 6-07 "Description of Bid Items" for additional information.
Ite
m
1
2
3
4
5
6
7
8
9
10
11
12
CONTRACT ITEMS:
Description
Clearance Pruning
Service Req. Pruning 0"-6"
Service Req. Pruning 7"-12"
Service Req. Pruning 13"-18"
Service Req. Pruning 19"-24"
Service Req. Pruning 25"-30"
Service Req. Pruning > 30"
Tree & Stump Removal < 6"
Tree & Stump Removal 6"-12"
Tree & Stump Removal 13"-18"
Tree & Stump Removal 19"-24"
Tree & Stump Removal 25"-30"
1J,. •r .�_i 1,,•
Est. Qty Unit
(2 -Year)
100 EA
400 EA
400 EA
400 EA
150
150
100
20
40
40
40
40
4.2
EA
EA
EA
EA
EA
EA
EA
EA
Unit Price
$ 79.00
$ 49.00
$ 79.00
$ 79.00
$ 179.00
$ 279.00
$ 379.00
$ 95.00
$ 195,00
$ 595.00
$ 995.00
$ 1,295.00
Total
$ 7,900.00
$ 19,600.00
$ 31,600.00
$ 31,600.00
$ 26,850,00
$ 41,850.00
$ 37,900,00
$ 1,900.00
$ 7,800.00
$ 23, 800.00
$ 39,800.00
$ 51,800.00
"6;29 `a
Ite
m
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Description
Tree & Stump Removal > 30"
Stump Removal < 6"
Stump Removal 6"-12"
Stump Removal 13"-18"
Stump Removal 19"-24"
Stump Removal 25"-30"
Stump Removal > 30"
Date Palm Tree Trimming
Fan Palm Tree Trimming
Crew Rental - 3 Man
Emergency Crew Rental
Tree Pest Control up to 30"
Tree Pest Control > 30"
Consulting Arborist Services
Tree Planting Allowance (only with
City authorization)
Est. Qty
(2 -Year)
40
10
10
10
10
10
10
20
20
80
40
100
20
40
1
Unit
EA
EA
EA
EA
EA
EA
EA
EA
EA
HR
HR
EA
EA
HR
LS
Unit Price
$ 1,695.00
$ 55.00
$ 155.00
$ 255.00
$ 355.00
$ 455.00
$ 595.00
$ 325.00
$ 95.00
$ 240.00
$ 330.00
$ 55.00
$ 155.00
$ 95.00
$ 10,000.00
Total
$ 67,800.00
$ 550.00
$ 1,550,00
$ 2,550,00
$ 3,550.00
$ 4,550 00
$ 5,950 00
$ 6,500.00
1,900.00
$ 19,200.00
$ 13,200.00
$ 5,500.00
$ 3,'100.00
$ 3,800.00
$ 10,000.00
TOTAL: $ 472,100.00
ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, which requires every employer to be
insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this contract
AR I CLE VI - It is further expressly agreed by and between the parties hereto that,
should there be any conflict between the terms of this instrument and the Bid Proposal
of the Contractor, then this instrument shall control and nothing herein shall be
considered as an acceptance of the said terns of said proposal conflicting herewith.
ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to
establish lines and grades for the work as specified under the Special Provisions. All
labor or materials not mentioned specifically as being done by the City will be supplied
by the Contractor to accomplish the work as outlined in the specifications.
AR1'ICI_L VIII - The length of the contract will be twenty-four (24) months, starting July
1, 2016 and ending June 30, 2018, The contract may be extended if agreed upon by the
Contractor and the City.
ARTICLE IX - State of California Senate Bill 854 requires the following-
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4.3
11672.:1)1G
• No contractor or subcontractor may be listed on a bid proposal for a public works
project unless registered with the Department of Industrial Relations pursuant to
Labor Code section 1725,5 [with limited exceptions from this requirement for bid
purposes only under Labor Code section 1771 1(a)],
• No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725,5.
• This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations,
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME
OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE
CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET
FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR
AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE
CONTRACTOR UNDER THE CONTRACT,
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the year and date written below.
CONTRACTOR. CITY OF LODI, a municipal corporation
WEST COAST ARBORISTS, INC.
ST _P EN SCHWA A JER
City Manager
By. Y" 1 Date; (� 9 i-,
PATRICK MAHONEY, PRI
SIDENT
Title
(CORPORATE SEAL)
CONTRACT doc
Attest:
ttNIFER
City Clerk
-r
FERr AIOLO
Approved As To Form
JA ICE D. MAGDICH
City Attorney
4.4
OE729i15
2016-2018 Tree Maintenance Contract - 18-19 Extension
3.18% CPI Increase
L Exhibit 2
Contract Unit Prices
Contract
Item No.
Description
Unit
2016-18 Unit
Price
2018-19 Unit
Price
1
Clearance Pruning
IfA
$ 79.00
8 81.51
2
Svc Rgsl Pruning 0-6 DSH
EA
$ 49.00
8 50.56
3
Svc. Rgst Pruning 7-12 DSH
EA
$ 79.00
8 81.51
4
Svc Rgst Pruning 13-18 DSII
ILA
$ 79,00
$ 81.51
5
Svc Rdst Prunine 19-24 DSH
F.A
$ 179 00
8 184.69
6
Svc Rgst Pruning 25-30 DSl1
EA
$ 279 00
3 287.87
7
Svc Rqst Pruning > 30 DSH
1 A
EA
$ 379.00
8 391.05
8
'free & Slump ltemoval <6 DSII
ISA
$ 95,00
5 98.02
9
1'rce & Slump Removal 6-12 DSH
EA
$ 195.00
5 201.20
10
Tree & Slump Removal 13- 1 8 DSH
EA
$ 595.00
5 613.92
free & Stump Removal 19-24 DSH
EA
$ 995.00
5 1,026.64
_11
12
'free & Stump Removal 25-30 D51-1
EA
$ 1,295.00
$ 1,336.18
13
Tree & Stump Removal > 30 DSI1
EA
$ 1.695.00
$ 1,748.90
14
Slump Removal <6 DSH
EA
$ 55.00
5 56.75
15
(Slump Removal 6-12 DSII
ISA
$ 155.00
8 159.93
16
Sturnp Removal 13-18 DS11
ISA
$ 255.00
5 263.11
17
Scamp Removal 19-21 DSII
Stump Removal 25-30 DSI -1
EA
F,A
$ 355.00
$ 455.00
8 366.29
.8 469.47
18
19
.Slump Removal > 30 DSH
ISA
$ 595.00
5 613,92
20
Date Palm Tree '1 -rimming
I.A
$ 325.00
8 335.34
21
Fait Palm Tree Trimming
EA
$ 95.00
S 98.02
22
Crew Rental - 3 man
11R
$ 240.00
$ 247.63
23
Emergency Crew Rental
HR
$ 330.00
3 340.49
24
Tree Pest Control up to 30 D311
FA
$ 55.00
5 56.75
25
Trec Pest Conirol > 30 DBI -1
EA
$ 155.00
8 159.93
26
Consulting Arborist SCrvices
11R
$ 95.00
5 98.02
27
`free Planting Allowance (only with CITY authorization)
1,S
N/A
N/A
RESOLUTION NO. 2018-189
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO 2016-2018
TREE MAINTENANCE CONTRACT WITH WEST COAST
ARBORISTS, INC., OF ANAHEIM; AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE CHANGE ORDERS
WHEREAS, the Public Works Department manages an annual contract that provides for
structural pruning, maintenance trimming, stump grinding, emergency calls, removal of City
trees, pest control, and tree planting at various locations throughout the City; and
WHEREAS, the 2016-2018 Tree Maintenance Contract was awarded to West Coast
Arborists, Inc., of Anaheim, on July 20, 2016, in the amount of $472,100; and
WHEREAS, Council approved Amendment No. 1 on June 20, 2018, which extended the
contract through June 30, 2019 (with an optional second year that would extend the contract
through June 30, 2020), as well as establishing a Consumer Price Index adjustment to the unit
prices; and
WHEREAS, Amendment No. 2 clarifies the aggregate contract not -to -exceed amount of
$841,976; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 2 to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim,
and authorizing the City Manager to execute change orders in an amount not -to -exceed
$400,000 per fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 2 to 2016-2018 Tree Maintenance
Contract with West Coast Arborists, Inc., of Anaheim, California, to clarify the aggregate
contract not -to -exceed amount of $841,976; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute change orders in an amount not -to -exceed $400,000 per fiscal year.
Dated: October 17, 2018
I hereby certify that Resolution No. 2018-189 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 17, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NNIFER R FERRAIOLO
City Clerk
2018-189