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Home My WebLink AboutAgenda Report - June 20, 2018 C-09TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C-9 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to 2016- 2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($200,000), Including Consumer Price Index Adjustments to the Contract Unit Prices MEETING DATE: June 20, 2018 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, in the amount of $200,000, including Consumer Price Index adjustments to the contract unit prices. BACKGROUND INFORMATION: The Public Works Department manages an annual contract that provides for the structural pruning, maintenance trimming, stump grinding, emergency calls, removal of City trees, pest control, and tree planting, at various locations throughout the City. The level of service provided by West Coast Arborists, Inc. has been very good over the past seven years that they have had the City contract. Additionally, West Coast Arborists, Inc. have been the only bidders on the past two publicly advertised contracts (spanning the last five years). The current contract with West Coast Arborist, Inc. is set to expire on June 30, 2018. The contract, consistent with previous contracts, has included the ability to extend the contract if mutually agreeable to the City and the contractor. The contractor has indicated that it would be difficult to continue the current contract due to the steady increases in the State minimum wage. To address the contractor's concern regarding minimum wage increases, staff recommends extending the contract with the annual Consumer Price Index (CPI) adjustment. The CPI data between March 2017 and March 2018 reflects an increase of 3.18 percent (based on the West Region of the "All Urban Consumers - All Items" category). Staff believes that if the contract is bid again this year, that West Coast Arborists, Inc. would likely be the sole bidder and that the unit prices would increase by more than 3.18 percent. Because this contract is an as -needed, unit -price based contract, Staff recommends applying the CPI adjustments to the individual contract unit prices. For example, the current cost to remove a 10 -inch diameter tree and stump is $195. After the CPI adjustment, this cost would increase to approximately $201. Amendment No. 1, if approved, will establish line item specific CPI adjustments, add $200,000 to the existing tree maintenance contract to allow for tree maintenance services to continue through Fiscal Year 2018/19, and will extend the contract for one year, with an optional second year (including CPI adjustments). APPROVED: Step chwaba ity Manager K:\WP\PROJECTS\STREETS\2016-18 Tree Maintenance\CExtensionl 8-19.doc 6/6/2018 Adopt Resolution Authorizing City Manager to Execute Amendment No 1 to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($200,000), Including Consumer Price Index Adjustments to the Contract Unit Prices June 20, 2018 Page 2 Staff recommends authorizing City Manager to execute Amendment No. 1 to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, in the amount of $200,000, including Consumer Price Index adjustments to the contract unit prices. FISCAL IMPACT: There will not be a cost difference based on this change; however, the City will receive a slight reduction in total services afforded by the contract. FUNDING AVAILABLE: Funding for this contract is contingent upon adoption of the Fiscal Year 2018/19 Budget and comes from the Streets fund: Streets - PW Tree Maintenance (30156004.72499) - $200,000 Andrew Keys Deputy City Manager/Internal Services Director Charles E. wim ey, 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\2016-2017 Landscape Maintenance \CExtensionl7-18.doc 6/6/2018 AMENDMENT NO. 1 WEST COAST ARBORISTS, INC. CONTRACT THIS AMENDMENT NO. 1 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 (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" WEST COAST ARBORISTS, INC., a California corporation hereinabove called "CONTRACTOR" CHARLES E. SWIMLEY, JR. PATRICK MAHONEY Public Works Director President Attest: JENNIFER M. FERRAIOLO, City Clerk Approved as to Form: JANICE D. MAGDICH, City Attorney 2016-2018 TREE MAINTENANCE Exhibit 1 CONTRACT CITY OF LODI, CALIFORNIA 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 wilt pay the general prevailing wage rate and other employer payments for health and welfare, ANT 4.1 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 CONTRACT ITEMS: Ite Description m Clearance Pruning 2 Service Req. Pruning 0"-6' 3 4 Service Req. Pruning 7"-12" Est. Qty Unit Unit Price (2 -Year) -------t 100 EA j $ 79.00 Total $ 7,900.00 400 EA 3 49 00 $ 19.600.00 400 EA $ 79 00 $ 31,600.00 Service Req. Pruning 13"-18" 400 ' EA $ 79.00 $ 31.600.00 5 Service Req. Pruning 19"-24" 6 j___ervice Req. Pruning 25"-30' 7 Service Req. Pruning > 30" 150 EA 150 EA $ 179-00 $ 279.00 $ 26,850.00 $ 41,850.00 8 Tree & Stump Removal < 6° 9 Tree & Stump Removal 6"-12" 10 Tree & Stump Removal 13"-18" T I 11 Tree & Stump Removal 19'-24" 12 Tree & Stump Removal 25"-30" 100 EA $ 379.00 $ 37,900.00 $ 95.00 , $ 1,900.00 $ 195.00 ' $ 7,800.00 -. - _---4 EA $ 595 00 $ 23.800.00 - EA . $ 995.00 $ 39,800.00 20 EA 40 } EA 40 40 40 EA $ 1,295.00 $ 51.800.00 4.2 Ite m 13 L14 15 Description Tree & Stump Removal > 30" Stump Removal < 6" Stump Removal 6°-12" Stump Removal 13"-18" Stump Removal 19"-24" Est. Qty (2 -Year) Unit Unit Price Total 40 10 10 EA EA EA $ 1,695.00 $ 55.00 $ 155.00 $ 67.800 00 $ 550.00 $ 1.550.00 10 EA i $ 255.00 $ 2,550.00 10 EA j $ 355.00 $ 3,550.00 Stump Removal 25"-30" 19 20 21 22 23 24 Stump Removal > 30" Date Palm Tree Trimming Fan Palm Tree Trimming Crew Rental - 3 Man Emergency Crew Rentai Tree Pest Control up to 30" 101 EA $ 455 00 10 EA � $ 595.00 $ 4; 550.00 $ 5; 950 00 20 EA I $ 325.00 $ 6,500.00 20 LEA $ 95.00 1,900.00 80 HR i $ 240.00 ' $ 19,200.00 r- 40 HR $ 330.00 25 Tree Pest Control > 30" 26 Consulting Arborist Services 27 Tree Planting Allowance (only with City authorization) 100 EA $ 55.00 20 EA ' $ 155.00 40 HR $ 95.000 $ 13;200.00 $ 5,500 00 $ 3,100.00 $ 3,800.00 1 LS $ 10,000.00 f $ 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, ARTICLE 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 terms of said proposal conflicting herewith. ARTICLE VH - 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 specificaily as being done by the City will be supplied by the Contractor to accomplish the work as outlined in the specifications. ARTICLE 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 B;11 854 requires the fallowing. 4,3 • 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 1 771 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: WEST COAST ARBORISTS, INC. B PATRICK MAHONEY, PR"5I➢ENT Title (CORPORATE SEAL) r; NTCT ^,Cc CITY OF LODI, a municipal corporation By: k ST1=17'-1E$f SCHWABAUER City Manager Date: 1 - 9 - Attest: 401 NIFER 4 FER°AIOLO ity Clerk Approved As To Form sr . t /f JA. LICE D. MAGDICH City Attorney A-.:4 44 Wf2Y/.v 2016-2018 Tree Maintenance Contract - 18-19 Extension 3.18% CPI Increase Exhibit 2 Contract Unit Prices Contract Item No. Description Unit 2016-18 Unit Price 2018-19 Unit Price 1 Clearance Pruning EA $ 79.00 S 81.51 2 Svc Rqst Pruning 0-6 DSH EA $ 49.00 $ 50.56 3 Svc Rqst Pruning 7-12 DSH EA $ 79.00 5 81.51 4 Svc R9st Pruning 13-18 DSH EA $ 79.00 S 81.51 5 Svc Rqst Pruning 19-24 DSH EA $ 179.00 S 184.69 6 Svc Rqst Pruning 25-30 DSH EA $ 279.00 S 287.87 7 Svc Rqst Pruning > 30 DSH EA $ 379.00 5 391.05 8 Tree & Stump Removal <6 DSH EA $ 95.00 $ 98.02 9 Tree & Stump Removal 6-12 DSH EA $ 195.00 $ 201.20 10 Tree & Stump Removal 13-18 DSH EA $ 595.00 S 613.92 11 Tree & Stumn Removal 19-24 DSH EA $ 995.00 S 1,026.64 12 Tree & Stump Removal 25-30 DSH EA $ 1.295.00 $ 1.336.18 13 Tree & Stumn Removal > 30 DSH EA $ 1,695.00 5 1,748.90 14 }Stump Removal <6 DSH EA $ 55.00 S 56.75 15 Stump Removal 6-12 DSH EA $ 155.00 ' S 159.93 16 Stump Removal 13-18 DSH EA $ 255.00 5 263.11 17 Stump Removal 19-24 DSH EA $ 355.00 $ 366.29 18 Stump Removal 25-30 DSH EA $ 455.00 5 469.47 . 19 Stump Removal > 30 DSH _ EA $ 595.00 5 613.92 20 Date Palm Tree Trimming EA $ 325.00 5 335.34 21 Fan Palm Tree Trimming EA $ 95.00 S 98.02 22 Crew Rental -3 man HR $ 240.00 5 247.63 23 Emergency Crew Rental HR $ 330.00 5 340.49 24 Tree Pest Control up to 30 DBH EA $ 55.00 S 56.75 25 Tree Pest Control > 39 DBH EA $ 155 00 5 159.93 26 .Consulting Arborist Services HR $ 95.00 5 98.02 27 _Tree Planting Allowance (onlv with City authorization) LS N/A N/A_ RESOLUTION NO. 2018-119 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE 2016-2018 TREE MAINTENANCE CONTRACT WITH WEST COAST ARBORISTS, INC., OF ANAHEIM, INCLUDING CONSUMER PRICE INDEX ADJUSTMENTS TO THE CONTRACT UNIT PRICES WHEREAS, the current contract with West Coast Arborist, Inc., is set to expire on June 30, 2018, and includes the ability to extend the contract if mutually agreeable to the City and the contractor; however, the contractor has indicated that it would be difficult to continue the current contract due to the steady increases in the State minimum wage; and WHEREAS, staff recommends authorizing the City Manager to execute Amendment No. 1 to the 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, in the amount of $200,000, including Consumer Price Index (CPI) adjustments of 3.18 percent (based on the West Region of the "All Urban Consumers-AII Items" category) to the contract unit prices; and WHEREAS, staff also recommends authorizing the City Manager to execute an optional second year extension for Fiscal Year 2019/20, including CPI adjustments. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim, California, in the amount of $200,000, including Consumer Price Index adjustments of 3.18 percent to the contract unit prices; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an optional second year extension for Fiscal Year 2019/20, including CPI adjustments, if in the best interest of the City. Dated: June 20, 2018 I hereby certify that Resolution No. 2018-119 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 20, 2018, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler ABSTAIN: COUNCIL MEMBERS — None 2018-119 NNIFE ity Clerk RAIOLO ,tAAr.t,G4 CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI West Coast Arborists, Inc. 436 West Scotts Avenue Stockton, CA 95203 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 / FAX (209) 333-6710 EMAIL: pwdept@lodi.gov www.lodi.dov June 14, 2018 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to 2016-2018 Tree Maintenance Contract with West Coast Arborists, Inc., of Anaheim ($200,000), Including Consumer Price Index Adjustments to the Contract Unit Prices Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, June 20, 2018. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sean Nathan at (209) 333-6706. Charles 1. Svvim[ey, Jr. Public Works Director CES/tdb Enclosure cc: City Clerk