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HomeMy WebLinkAbout09 - West Coast Arborist Contract AmendmentQ aEW PpRr CITY OF z NEWPr. -T BEACH Cq��OP City Council Staff Report Agenda Item No. 9 July 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Municipal Operations Department Director 949 644 -3055, mharmon @newportbeachca.gov PREPARED BY: Rachell Wilfert, Management Assistant APPROVED: r� TITLE: Approval of Amendment No. 5 to West Coast Arborists, Inc. for Tree Maintenance Services ABSTRACT: West Coast Arborists, Inc. currently provides tree trimming services throughout the City of Newport Beach. This Fiscal Year, the City required additional tree maintenance services beyond amounts originally set forth in the current agreement, which expires in December of this year. Amendment No. 5 increases the contract amount for the remaining six months until its expiration. RECOMMENDATION: Approve Amendment No. 5 to the contract agreement with West Coast Arborists, Inc. for tree trimming services at a not to exceed price of $1,280,000, and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this amendment. It will be expensed to various tree maintenance accounts in the Municipal Operations Department budget. DISCUSSION: The agreement with West Coast Arborists, Inc. (WCA) currently has a "Not to Exceed" (NTE) amount for scheduled tree trimming services of $950,000 per year. In Fiscal Year 2012 -2013 the Municipal Operations Department increased reforestation and tree trimming efforts. Initially, $280,000 in additional funds was transferred from existing expenditure accounts to fund reforestation projects, such as the removal and planting of trees on the Groves Bike Trail. These funds became available from savings as the 1 of 5 Approval of Amendment No. 5 to West Coast Arborists, Inc. for Tree Maintenance Services July 09, 2013 Page 2 result of a competitive RFP process from a new Citywide Medians and Roadsides landscape maintenance agreement. Additionally, at its May 28 meeting, the City Council appropriated an additional increase of $50,000 towards reforestation services. Consequently, staff is requesting to amend the Agreement to a not to exceed amount of $1,280,000 per year. The Agreement with WCA expires on December 3, 2013, and Municipal Operations Department is currently preparing a Request for Proposals for tree maintenance services that will be published within the next 60 days. 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. Submitted Mark Harmon / ' / Municipal Operations Department Attachments: A. Amendment No. Five to Contractor Agreement with West Coast Arborists, Inc. For Tree Trimming Services 2of5 ATTACHMENT A AMENDMENT NO. FIVE TO CONTRACTOR AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR CITY TREE TRIMMING SERVICES THIS AMENDMENT NO. FIVE TO CONTRACTOR AGREEMENT ( "Agreement ") is made and entered into as of the 271" day of June, 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and WEST COAST ARBORISTS, INC., a California corporation ( "Contractor"), whose address is 2200 E. Via Burton Street, Anaheim, California 92806, and is made with reference to the following: RECITALS A. On December 3, 1993, City and Contractor entered into a Contractor Agreement ( "Agreement ") for general City tree maintenance services. B. On June 12, 1995, City and Contractor entered Amendment No. One to the Agreement to extend the term of the Agreement to December 4, 2004 ( "Amendment No. One "). C. On February 17, 2004, City and Contractor entered Amendment No. Two to the Agreement to extend the term of the Agreement to December 31, 2013 and increase the total compensation ( "Amendment No. Two "). D. On September 14, 2010, City and Contractor entered Amendment No. Three to the Agreement to amend the frequency and reduce the costs of certain services ( "Amendment No. Three "). E. On May 10, 2012, City and Contractor entered Amendment No. Four to the Agreement to increase the total compensation for that fiscal year only ( "Amendment No. Four'). F. City desires to enter into this Amendment No. Five to increase the total compensation ( "Amendment No. Five ") to allow for additional tree maintenance and reforestation. G. City and Contractor mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONTRACTOR Section 4 of the Agreement, as previously amended, shall be 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 Billing Schedule contained in Exhibit B of the Agreement. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Million Two RnM Hundred Eighty Thousand Dollars and No /100 ($1,280,000.00) (`Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 1.1 The Total Amended Compensation reflects Contractor's additional compensation for services to be performed in accordance with this Amendment No. Five in an amount not to exceed Three Hundred Thirty Thousand Dollars and No /100 ($330,000.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. (SIGNATURES ON NEXT PAGE] WEST COAST ARBORISTS, INC. Page 2 4of5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: J .r Aaron C. Harp City Attorney ATTEST: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Keith D. Curry Mayor CONTRACTOR: WEST COAST ARBORISTS, INC., a California corporation Date: I is By: Patrick Mahoney President Date: L2 13 By: R,cKard Mahoney Assistant Secretary [END OF SIGNATURES] WEST COAST ARBORISTS, INC. Page 3 6Y .3M