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HomeMy WebLinkAbout09 - Citywide Tree Maintenance Services with Great Scott Tree Service, Inc. (C-5648)PORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN March 12, 2019 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Dan Sereno, Landscape Manager dsereno(cjrOewportbeachca.gov PHONE: 949-644-3069 TITLE: Amendment No. Two for Citywide Tree Maintenance Services with Great Scott Tree Service, Inc. (C-5648) ABSTRACT: The City utilizes a contractor to perform tree planting, trimming and inspection, root pruning and removal services to keep City trees in good condition. In an effort to improve the City s level of service and to maintain our quality urban forest, staff requests an increase to the not -to -exceed amount on the Great Scott Tree Service, Inc. contract. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Two with Great Scott Tree Service, Inc. for Citywide Tree Maintenance Services to increase the contract amount by $636,298.81, for a new multi-year not -to -exceed total of $16,960,000; and change the contract expiration date to June 30, 2024 to align the term with the City's fiscal year, and authorize the Mayor and City Clerk to sign the amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this contract through June 30, 2019. Upon Council approval of this contract amendment, a budget increase of $121,000 will need to be added to Account 0109032-811017 beginning with the proposed operating budget for FY 2019/20 to accommodate the increased service level cost. 9-1 Amendment No. Two for Citywide Tree Maintenance Services with Great Scott Tree Service, Inc. (C-5648) March 12, 2019 Page 2 DISCUSSION: The City's current urban forest is comprised of over 35,000 public trees spread across 26 square miles. These trees serve to enhance the quality of life in Newport Beach, provide beautiful backdrops to the City's public streets and 68 parks, provide environmental and habitat benefits (such as cleaner air, more oxygen, cooler streets, conservation of energy and water, prevention of soil erosion), and serves as one of the main reasons why Newport Beach continues to be named "Tree City USA" for the last 29 years. In an effort to maintain and preserve this substantial urban forest, the City has 2-1/2 full-time employees assigned to management and care of the urban forest, as well as a service contract with Great Scott Tree Service, Inc. (GSTS) to perform the necessary citywide tree maintenance services. Current Services Contract and Conditions: The current multi-year GSTS contract was executed on November 13, 2013 for a not -to - exceed amount of $1,300,000 per year plus cost of living increases and is set to expire November 30, 2023. The original overall projected not -to -exceed amount of the contract is $16,323,701.19, including Amendment No. One (1), which increased the contract cap by $500,000, and potential options to extend the contract through 2029. The work scope covers essential services including tree trimming and inspection, root pruning, tree removal, tree planting, and emergency services. In recent years, the City experienced extremely strong storm events and Santa Ana wind conditions resulting in a large number of tree removals and clean-up activities. Last year this included approximately 30 additional tree removals, dozens of significant branch / limb removals, and a substantial amount of clean-up of downed branches and palm fronds. Additionally, last summer the City experienced periods of unprecedented heat and wind which contributed to the branch fragility of the Coral trees. This necessitated extensive trimming earlier in the season than normal. Ultimately, many unplanned trimming requests were directed to GSTS to safeguard the health of the trees, reduce potential liability, and to keep the City looking its best year round. Staff was able to absorb much of these unanticipated work demands and related costs by re -prioritization of contract workload, flexibility of its resources, and consistent teamwork with GSTS. Proposed Service Changes: With the goals of maintaining and slightly increasing the level of service to care for our urban forest and decreasing the potential for damage, staff is recommending a few modifications to the current contract with GSTS. First, the City's current grid tree pruning cycle ranges from between two and three years, depending on species and location. Staff recommends modifying this to a complete two- year grid pruning cycle. This effort improves overall tree cleanliness and appearance, provides more frequent tree inspections for diseased or compromised trees, reduces potential storm damage and trim requests, and helps to maintain publically desired scenic and pristine views. Moving to a two-year pruning cycle costs approximately $91,000 per year (plus future CPI adjustments), which is included in the proposed amendment. 9-2 Amendment No. Two for Citywide Tree Maintenance Services with Great Scott Tree Service, Inc. (C-5648) March 12, 2019 Page 3 Second, the current not -to -exceed contract amount does not contain contingency funding for necessary, as -needed storm response work. Since spending on storm response detracts from the amount needed to maintain trees on a regular schedule, an increase to the not -to -exceed amount ensures continuous service coverage and funding stream. This proposed amendment includes $30,000 per year for contingency to address as -needed storm response services. Additionally, the current contract does not include a provision for prevailing wage. To bring this contract into compliance with State wage requirements, language has been added to the amendment to update the contract in order to maintain compliance with the Department of Industrial Relations. This was discussed with GSTS and as they are already paying its workers prevailing wage, no change to the existing billing rates is needed to maintain compliance. An attached Exhibit B is included in the amendment to reflect only the current rates as they are being paid including all annual cost of living increases. Finally, staff believes it would be beneficial to amend the contract from the current November 30 - November 29 cycle to a July 1 - June 30 cycle to align the contract term with the fiscal year. This will assist with budget funding and tree maintenance records. The contract amendment would revised the contract end date to June 30, 2024 in addition to keeping the three (3) optional two (2) year term extensions that are currently included in the contract. A similar request to increase the contract's not -to -exceed amount to address service level concerns was brought before the City Council for consideration on February 28, 2017. Although this request received unanimous approval from Council, concerns were subsequently raised regarding how new prevailing, wage requirements would affect the current contract and eventually no action was taken on the amendment. Since GSTS is currently paying employees prevailing wage rates, this issue has been resolved and staff now requests City Council approval of this amendment. Amendment Summary: To address and accommodate the above modifications and increase the level of service, staff recommends City Council approve Amendment No. Two for the Great Scott Tree Service, Inc. contract and increase the total not -to -exceed amount by $636,298.81 (3.9%), for a new multi-year, not -to -exceed total of $16,960,000. In addition, staff recommends that the initial contract termination date be extended from November 30, 2023 to June 30, 2024 (as well as retaining the three (3) optional 2 year term extensions) to align the termination date with the end of the City's fiscal year. It should also be noted that no changes are being made to the contracted billing rates, only to the amount of work (trimming, storm clean-up) that can be processed within the total not -to -exceed limit. With the approval of the requested contract amendment, the table on the next page displays the approximate cost per year that can be expended to maintain and preserve the City's urban forest. The annual costs include a fixed 2.5% CPI adjustment as called for in the contract. 9-3 Amendment No. Two for Citywide Tree Maintenance Services with Great Scott Tree Service, Inc. (C-5648) March 12, 2019 Page 4 Contract 5648 Cost Summary Fiscal Year Approximate Cost 13/14 through 18/19 $8,638,184 19/20 $1,583,200 20/21 $1,622,780 21/22 $1,663,349 22/23 $1,704,932 23/24 $1,747,555 Proposed Contract NTE $16,960,000 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Amendment No. Two with Great Scott Tree Service, Inc. Attachment A AMENDMENT NO. TWO TO MAINTENANCE SERVICES AGREEMENT WITH GREAT SCOTT TREE SERVICE, INC. FOR TREE MAINTENANCE SERVICES THIS AMENDMENT NO. TWO TO MAINTENANCE SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 1st day of July, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREAT SCOTT TREE SERVICE, a California corporation ("Contractor"), whose address is 10761 Court Ave. Stanton, CA 90680, and is made with reference to the following: RECITALS A. On November 13, 2013, City and Contractor entered into a Maintenance Services Agreement for tree maintenance services for City -maintained trees ("Project"). B. On November 13, 2014, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect Extra Work performed under the Agreement, and to increase the total compensation for Work performed in 2014. C. Since entering into the Agreement, the volume of work needed by the City covered by the Agreement, as amended, is higher than originally anticipated. Such work includes providing additional tree maintenance services for City -maintained trees than originally anticipated. D. City desires to enter into this Amendment No. Two to extend the term of the Agreement, to increase the total compensation limit, as amended, over the term of the Agreement to account for the anticipated increase in volume of work, revise annual billing rate increases, update the Schedule of Billing Rates, update the project manager information, update the City's administrator information, update the notices section, update the claims section, and incorporate language pertaining to prevailing wage requirements. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2024, unless terminated earlier as set forth herein. At the City's sole discretion, the term of the Agreement may be extended up to three (3) times for an additional two (2) years per extension by written amendment to the Agreement." 2. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be amended in its entirety and replaced with the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Great Scott Tree Service, Inc. Page 1 9.5 Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided, herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Sixteen Million Nine Hundred Sixty Thousand Dollars and 00/100 ($16,960,000.00), without prior written amendment to the Agreement." The total amended compensation reflects a change from a not to exceed compensation amount of One Million Three Hundred Thousand Dollars and 00/100 ($1,300,000.00) per contract year plus annual Consumer Price Index (CPI) increases, resulting in a projected overall cumulative not -to -exceed amount of Sixteen Million Three Hundred Twenty Three Thousand Seven Hundred One Dollars and 19/100 ($16,323,701.19), which includes all prior CPI adjustments, an additional Five Hundred Thousand Dollars and 00/100 ($500,000.00) pursuant to Amendment No. 1 of this Agreement, and a fixed maximum annual compensation increase of two and one half percent (2.5%) for the Fiscal Years 2019/2020 through the remainder of the contract term. The total amended compensation reflects Contractor's additional compensation for additional services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Six Hundred Thirty Six Thousand Two Hundred Ninety Eight Dollars and 81/100 ($636,298.81). Section 4.2 of the Agreement is amended in its entirety and replaced with the following: "Upon the first anniversary of July 1, 2019, and upon each July 1 of the subsequent years thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be increased by two and one half percent (2.5%) of the Billing Rates in effect immediately preceding such adjustment." 3. PROJECT MANAGER Section 5.1 of the Agreement is amended in its entirety and replaced with the following: "Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Scott Griffiths to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel." 4. ADMINISTRATION Section 6 of the Agreement is amended in its entirety and replaced with the following: "This Agreement will be administered by the Public Works Department. City's Deputy Public Works Director — Municipal Operations or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Great Scott Tree Service, Inc. Page 2 9-6 Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement." 5. NOTICES Section 23.2 is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Deputy Public Works Director — Municipal Operations Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658" Section 23.3 is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Scott Griffiths Great Scott Tree Service, Inc. 10761 Court Ave. Stanton, CA 90680" 6. CLAIMS Section 24 of the Agreement shall become 24.1 and Section 24.2 shall be added to the agreement to read: "To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.)." 7. LABOR AND PREVAILING WAGE REQUIREMENT The title of Section 26 shall be amended and read as follows: "Labor and Prevailing Wage." Section 26.5 shall be added to the agreement to read: "Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work or Services contemplated under the Agreement Great Scott Tree Service, Inc. Page 3 9.7 shall be paid to all workmen employed on the Work or Services to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work or Services is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof." Section 26.6 shall be added to the agreement to read: "Contractor warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work." 8. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Great Scott Tree Service, Inc. Page 4 9.8 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Rf (31�(q By: dc— — Aaron C. Harp 02.12.1q City Attorney QkM* ATTEST: Date: AM- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B Mayor Dixon CONTRACTOR: Great Scott Tree Service, a California corporation Date: By: Scott P. Griffiths President Date: By: Steve Guzowski Chief Financial Officer [END OF SIGNATURES] Attachment: Exhibit B: Schedule of Billing Rates Great Scott Tree Service, Inc. Page 5 g_g EXHIBIT B SCHEDULE OF BILLING RATES Great Scott Tree Service, Inc. Page B-1 9-10 2019 UPDATED SCHEDULE OF BILLING RATES Description Grid Pricing Unit Each 2018 $ 53.85 Annual Pruning Each $ 53.85 Service Request Pruning Each $ 65.06 Palm Skinning Per foot $ 13.46 Tree and Stump Removal DSH per inch $ 24.68 Tree Only Removal DSH per inch $ 15.71 Stump Only Removal DSH per inch $ 10.10 Inspection Reports Per Tree $ 50.48 Certified Arborist Inspection Common variety Trees Per Hour $ 72.92 15 gallon w/o rb Each $ 100.96 15 gallon wl rb Each $ 123.40 24 in box w/o rb Each $ 252.41 24 in box wl rb Each $ 286.06 36 in box w/o rb Each $ 779.66 36 in box w/ rb Each $ 835.75 48 in box w/o rb Each $ 1,677.11 48 in box w/ rb Each $ 1,789.29 60 in box w/o rb Each $ 2,798.92 60 in box wl rb Each $ 2,911.10 Special Variety 15 gallon w/o rb Each $ 162.66 15 gallon w/ rb Each $ 185.10 24 in box w/o rb Each $ 364.59 24 in box wl rb Each $ 398.24 36 in box w/o rb Each $ 1,004.02 36 in box wl rb Each $ 1,060.11 9-11 48 in box w/o rb Each $ 2,013.65 48 in box wl rb Each $ 2,125.83 60 in box w/o rb Each $ 3,247.64 60 in box wl rb GPS Inventory Each Per tree site $ 3,359.82 $ 3.37 Root prune with 12 in barrier foot $ 10.10 Root prune with 18 in barrier foot $ 15.71 Tree injection Per tree site $ 43.75 Watering Crew Rental( men) day per hour $ 330.93 $ 201.93 Emergency Crew rental (3 men) per hour $ 235.58 9-12