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HomeMy WebLinkAbout11 APPROVE AMENDMENT NO. 4 TO AGREEMENT WITH WEST COAST ARBORISTS~_ ~' Agenda Item 11 AGENDA REPORT Reviewed: -"~ . City Manager Finance Director MEETING DATE: JULY 19, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS \CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 4 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST COAST ARBORISTS, INC. SUMMARY Staff recommends that the City Council approve a contract amendment to authorize the first extension of five (5) one-year extensions to the existing Tree Trimming Contract with West Coast Arborists, Inc. for Fiscal Year 2011-2012. RECOMMENDATION It is recommended that the City Council approve contract amendment No. 4 with West Coast Arborists, Inc to extend the existing contract by one (1) year from July 1, 2011 through June 30, 2012 and authorize the Mayor to execute the contract amendment, subject to the City Attorney's approval. FISCAL IMPACT The proposed annual cost of this contract is $454,000. Of this amount, $344,000 and is budgeted and appropriated in the Fiscal Year 2011-2012 Public Works Department Budget. The remaining $110,000 is budgeted and appropriated in the Fiscal Year 2011-2012 Tustin Landscape and Lighting District Budget. DISCUSSION The City of Tustin has utilized the services of West Coast Arborists, Inc. (WCA) since February of 1993 for a full range of tree maintenance services. Staff has received numerous compliments on the work that is performed by WCA. The cooperation of WCA with City staff to implement a sound tree maintenance program was instrumental in the recognition of the City by the National Arbor Day foundation as a Tree City USA. All work has been performed in a timely, efficient and professional manner with little disruption to citizen and street traffic. WCA staff has also been receptive and accommodating to the needs of staff and citizens while responding to emergencies, planting new trees and removing stumps. On April 3, 2006, the City of Tustin awarded West Coast Arborists, Inc. a contract amendment extending to Tree Trimming Contract fora 5 year period from July 1, 2006 to June 30, 2011. That amendment also provided an option for five (5) additional one-year contract extensions with compensation adjustments based on the Consumer Price Index. West Coast Arborist has notified the City that they will waive their contractually allowed CPI Adjustment and will hold the current pricing for the 2011/2012 Fiscal Year. Extension of West Coast Arborist, Inc. Tree Trimming Contract June 7, 2011 Page 2 The contract amendment has been reviewed and approved to form by the City Attorney. In the interest of securing a measure of financial security for both the City and the contractor and to retain a quality service provider, staff recommends that the City Council approve contract extension No. 1 to extend the current Contract Agreement with West Cost Arborists, Incorporated. D~u~las~. Stack, P.E. Di a for Public Works/City Engineer Attachment: Contract Amendment S:\City Council Items\2011 Council Items\Approval of Amendmendment No. 4 West Coast Arborist 1112 FY.docx AMENDMENT NO. 4 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN AND WEST COAST ARBORISTS, INC. THIS AMENDMENT is entered into this day of 2011, by and between the City of Tustin, a Municipal Corporation (herein referred to as "City"), and West Coast Arborists, Inc., a California Corporation, (herein referred to as "Contractor"). RECITALS A. WHEREAS, City and Contractor entered into an Agreement dated February 16, 1993, the "Agreement", wherein Contractor agreed to perform tree maintenance services in accordance with the agreement and specifications entitled "Contract Tree Trimming"; B. WHEREAS, the initial term of the Agreement was for one year, with the option to be extended for three additional one-year periods; C. WHEREAS, City and Contractor entered into an Amendment to that Agreement on June 17, 1996, which extended the Agreement for a period of five years from July 1, 1996 through June 30, 2001, with the option to be extended for up to five, one-year periods beyond the initial five-year extension; D. WHEREAS, City and Contractor entered into an amendment to the Agreement, for another five years from July 1, 2001 through June 30, 2006 at the same rate of compensation". E. WHEREAS, City and the Contractor entered into an Agreement on April 3, 2006 which extended the Agreement for an additional five (5) year period from July 1, 2006 through June 30, 2011 with an option to be extended for five (5) one-year extensions, beyond the proposed five-year extension. F. WHEREAS, City and the Contractor desire to extend the Agreement for an additional one (1) year period from July 1, 2011 through June 30, 2012; G. WHEREAS, the City and Contractor also agree to hold the Contractor's compensation under this Agreement to the 2010/2011 contract unit prices for the period from July 1, 2011 to June 30, 2012. AGREEMENT The Agreement is hereby amended as follows: A. The term of this Agreement shall be for a period of one year commencing July 1, 2011 through June 30, 2012, unless terminated pursuant to Section B, Page B-2, Paragraph 6 "Termination During Contract Period", of this Agreement, or terminated without cause by the City with 30-days prior written notification. B. City shall pay the Contractor a sum not to exceed the approved budget of approximately $454,000 for services rendered for each year of the five year term of this Agreement. Payment shall be made according to the billing schedule attached as Exhibit C, and incorporated into this Agreement. C. Except as expressly amended by this Amendment, all other terms and conditions of the Agreement and all attachments and exhibits thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. BY: ATTEST: APPROVED AS TO FORM City Attorney APPROVED AS TO CONTENT: THE CITY OF TUSTIN Mayor of the City of Tustin City Clerk of the City Tustin Date Public Works Director Date CONTRACTOR Firm Name: West Coast Arborists, Inc. 2200 Via Burton Street Anaheim, CA 92806 BY: Patrick O. Mahoney TITLE: President ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S)