HomeMy WebLinkAboutAgenda Report - June 7, 2023 C-09n CITY OF
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CALIFORNIA
AGENDA ITEM ell Cl
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing Increase of City Manager's Change Order Authority
by $200,000 and Execute Contract Amendment No. 1 for 2021-2023 Tree
Maintenance Contract with West Coast Arborists, Inc., of Anaheim
MEETING DATE: June 7, 2023
PREPARED BY: Public Works Director
RECOMMENDED ACTION Adopt resolution authorizing increase of City Manager's change order
authority by $200,000 to execute Contract Amendment No. 1 for 2021-
2023 Tree Maintenance with West Coast Arborists, Inc., of Anaheim to
extend contract until June 30, 2024.
BACKGROUND INFORMATION: The Public Works Department manages an annual on-call 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. This contract is heavily utilized by both the Public Works and Parks
departments.
On April 21, 2021, the Council authorized the award for the 2021-2023 Tree Maintenance Contract
(Resolution 2021-97). The authorization also allowed the City Manager to execute change orders up to
$80,000. On September 21, 2022, the Council authorized the City Manager to execute an additional
$330,324 in change orders to match the approved Public Works and Parks department budgets for Fiscal
Year 2022/23. On March 1, 2023, the Council authorized an increase of $200,000 in the City Manager's
change order authority to address the storm and major emergency response early in the year.
Staff approached West Coast Arborists, Inc. (WCA), in regards to a potential contract extension for 2023/24.
WCA conditionally agreed to extend the contract through June 30, 2024 if a Consumer Price Index (CPI)
adjustment was included to address the costs associated with substantial inflation. Staff proposed an increase
of 6.3% to cover the costs of inflation and increasing minimum wage. WCA agrees with the proposal.
Staff recommends authorizing the increase of the City Manager's change order authority by $200,000 and
execute contract Amendment No. 1 for the 2021-2023 Tree Maintenance Contract with West Coast Arborists,
Inc. This increases the City Manager's total change order authority to $810,324 to include this contract
extension, the previous change orders, and allows additional change orders to be authorized for the remainder
of the contract.
FISCAL IMPACTS Citywide tree maintenance is essential for sustaining a healthy and safe urban
forest.
APPROVED: R►ti•M
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-2023 Tree Maintenance\CChangeOrder_23_24Extension.doc
5/24/2023
Adopt Resolution Authorizing Increase of City Managers Change Order Authority by $200,000 to Execute Contract Amendment No. 1 for 2021-2023 Tree Maintenance
Contract with West Coast Arborists, Inc., of Anaheim
June 7, 2023
Page 2
FUNDING AVAILABLE: Funding for this work was adopted in the Fiscal Year 2023/24 budget.
OmAnu"�r Xerp-
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Alice Bernardino, Associate Civil Engineer
CES/AB/cd
cc: Utility Manager
West Coast Arborists, Inc.
\\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-2023 Tree Maintenance\CChangeOrder_23_24Extension.doc 5/24/2023
AMENDMENT NO. 1
WEST COAST ARBORISTS, INC..
2021-2023 TREE MAINTENANCE
THIS AMENDMENT NO. 1 TO CONTRACT, is made and entered this day of
2023, 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 4, 2021,
(the "Agreement"), as set forth in Exhibit 1, attached hereto and made a part hereof;
and; and
2. WHEREAS, CONTRACTOR requested to amend said Agreement to increase the unit
prices by 6.3 percent (1 -year Consumer Price Index adjustment), with the new prices
set forth in Exhibit 2, attached hereto and made part of; and; and
3. WHEREAS, CITY requests to extend the term of the Agreement through June 30,
2024; and
4. WHEREAS, CONTRACTOR AND CITY agree to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth in 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"
STEPHEN SCHWABAUER
City Manager
Attest:
OLIVIA NASHED, City Clerk
Approved as to Form:
JANICE D. MAGDICH
City Attorney (t)
WEST COAST ARBORISTS, INC. a
California Corporation
Hereinabove called "CONTRACTOR"
Name.
Title:
Exhibit 1
2021-2023 TREE MAINTENANCE
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., a California Corporation,
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 11 - 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, 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.
CONTRACT 4.1 06/11/21
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:
Item
Description
j Est. Qty
(2 -Year)
Unit
Unit Price
T Total
1
Clearance Pruning
100
EA
00
t$54.
$ 9,400.00
2
Service Req. Pruning 0"4'
600
EA
00
$ 32,400.00
3
Service Req. Pruning 7"-12"
800
EA
$ 94.00
$ 75,200.00
4
Service Req. Pruning 13"-18"
800
EA
$ 94.00
$ 75,200.00
5
Service Req. Pruning 19"-24"
250
EA
$ 224.00
$ 56,000.00
6
Service Req. Pruning 25"-30"
250
EA
$ 294.00
$ 73,500.00
7
Service Req, Pruning > 30"
200
EA
$ 394.00
$ 78,800.00
8
Tree & Stump Removal < 6"
20
EA
$ 341.00
$ 2,680.00
9
Tree & Stump Removal 6"-12"
20
EA
$ 244.00
$ 4,800.00
10
Tree & Stump Removal 13"-18"
20
EA
$ 754.00
$ 15,080.00
11
Tree & Stump Removal 19"-24"
20
EA
$ 1,100.00
$ 22,000.00
12
Tree & Stump Removal 25"-30"
20
EA
$ 1,600.00
$ 32,000.00
CONTRACT 4.2
Item
Description
Est. Qty
(2 -Year)
Unit
Unit Price
Total
13
Tree & Stump Removal > 30"
20
EA
$ 1,600.00
$ 32,000.00 4
14
Stump Removal < 6"
10
EA
$ 94.00
$ 940.00
15
Stump Removal 6"-12"
10
EA
$ 174.00
$ 1,740.00
16
Stump Removal 13"-18"
10
EA
$ 294.00
$ 2,940.00
17
Stump Removal 19"-24"
10
EA
$ 394.00
$ 3,940.00
18
Stump Removal 25"-30"
10
, 10
EA
EA
$ 474.00
$ 574.00
$ 4,740.00 {
$ 5,740.00
19
Stump Removal > 30"
20
Date Palm Tree Trimming
20
EA
$ 394.00
$ 7,880.00
21
Fan Palm Tree Trimming
20
EA
$ 134.00
$ 2,680.00
22
Crew Rental - 3 Man
350
HR
$ 282.00
$ 98,700.00
23
Emergency Crew Rental
100
HR
$ 120.00
$ 12,000.00
24
Tree Pest Control up to 30"
50
20
EA
EA
$ 104.00
$ 104.00
$ 5,200.00
$ 2,080.00
25
Tree Pest Control > 30"
26
Consulting Arborist Services
40
1
HR
LS
$ 144.00
$ 10,000. 000 i
$ 5,760.00
$ 10,000.00
27
Tree Planting Allowance (only with
City authorization)
TOTAL: $ 673 480.00
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 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.
ARTICLE Vlll - The length of the contract will be twenty-four (24) months, starting July 1, 2021
and ending June 30, 2023. The contract may be extended if agreed upon by the Contractor and
the City.
CONTRACT 4.3 06111/21
ARTICLE IX - State of California Senate Bill 854 requires the following:
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.
ARTICLE X - Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be
executed in one or more counterparts, each of which will be deemed to be an original copy and
all of which, when taken together, will be deemed to constitute one and the same agreement or
document, and will be effective when counterparts have been signed by each of the parties and
delivered to the other parties. Each party agrees that the electronic signatures, whether digital
or encrypted, of the parties included in this Agreement are intended to authenticate this writing
and to have the same force and effect as manual signatures. Delivery of a copy of this
Agreement or any other document contemplated hereby, bearing an original manual or
electronic signature by facsimile transmission (including a facsimile delivered via the Internet),
by electronic mail in "portable document format" (".pdf') or similar format intended to preserve
the original graphic and pictorial appearance of a document, or through the use of electronic
signature software will have the same effect as physical delivery of the paper document bearing
an original signature.
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.
CONTRACT 4.4 06/11/21
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
Wes? CoAsT A4jugi sr; INC • By. -
S PHEN SCHWABA ER
City Manager
By: Date:
2AFT .1C,IfL `VI14LW►J"eA.,FS1 AES% Attest:
Title
! ER LJSMIR
City Clerk
(CORPORATE SEAL) Approved As To Form:
((A�NlCt D. MAGDICH
-Gitorney
CONTRACT 4.55 06111/21
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RESOLUTION NO. 2023-105
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING AN INCREASE
OF THE CITY MANAGER'S CHANGE ORDER AUTHORITY AND
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT
AMENDMENT NO. 1 FOR 2021-2023 TREE MAINTENANCE WITH
WEST COAST ARBORISTS, INC., OF ANAHEIM
WHEREAS, the Public Works Department manages an annual on-call contract that
provides for structural pruning, maintenance trimming, stump grinding, emergency calls,
removal of City trees, pest control, and tree planting at various locations; and
WHEREAS, on April 21, 2021, Council authorized the City Manager to award the
contract to the lowest responsive bidder and execute change orders in an amount not to exceed
$80,000, and the project was awarded to West Coast Arborists, Inc., of Anaheim; and
WHEREAS, on September 21, 2022, Council authorized the City Manager to execute an
additional $330,324 in change orders to match the approved Public Works and Parks
department budgets for Fiscal Year 2022/23; and
WHEREAS, on March 1, 2023, Council authorized an increase of $200,000 in the
City Manager's change order authority to address the storm and major emergency response
early in the year; and
WHEREAS, West Coast Arborists, Inc., agreed to extend the contract through June 30,
2024 and include a Consumer Price Index (CPI) increase of 6.3% to cover the costs inflation
and increasing minimum wage; and
WHEREAS, staff recommends authorizing an increase of the City Manager's change
order authority by $200,000 and to execute Contract Amendment No. 1 to 2021-2023 Tree
Maintenance Contract with West Coast Arborists, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize an increase of the City Manager's change order authority by $200,000; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute Contract Amendment No. 1 to 2021-2023 Tree Maintenance Contract
with West Coast Arborists, Inc., of Anaheim, California; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: June 7, 2023
-----------------
-----------------
I hereby certify that Resolution No. 2023-105 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 7, 2023 by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2023-105