HomeMy WebLinkAbout06 APPROVE AMENDMENT NO. 1 TO AN AGREEMENT FOR TREE MAINTENANCE SERVICES BETWEEN THE CITY OF TUSTIN & WEST COAST ARBORISTS, INC.G1TY �AGENDAIR'ETORT
MEETING DATE: JULY 5, 2016
TO: JEFFREY C. PARKER, CITY MANAGER
Agenda Item
Reviewed:
City Manager
Finance Director
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: APPROVE AMENDMENT NO. 1 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 the Urban Forestry
Management Contract with West Coast Arborists, Inc. (WCA). The amendment includes an
increase of 31% to adjust for a Department of Industrial Relations (DIR) ruling that increases the
prevailing wage for the classifications employed by WCA. The current contract is for $502,161
and the amendment will set the limit at $657,831.
RECOMMENDATION:
It is recommended that the City Council approve contract Amendment No. 1 with West Coast
Arborists, Inc. to adjust the fee schedule and authorize the Mayor to execute the contract
amendment, subject to the City Attorney's approval.
FISCAL IMPACT:
Sufficient funds for this contract service have been appropriated in the Fiscal Year 2016- 2017
Public Works Department Operating Budget.
CORRELATION TO THE STRATEGIC PLAN:
This item relates to the City's Strategic Plan by implementing Goal B (3), by way of maintenance
and improvement of public facilities.
BACKGROUND/DISCUSSION
Since 1999, WCA has utilized the prevailing wage determination for the craft: "Landscape
Maintenance Laborer' which amounts to an hourly wage rate of approximately $9-$10. This
classification was used for all tree maintenance work not related to construction or line clearance,
as they have wage classifications of their own. For many years, unions have disputed with the
DIR, and tree maintenance companies, that the work performed for public agencies consisted of
construction work as opposed to maintenance work and therefore should be utilizing the
"Construction Laborera' classification, which amounts to an hourly wage rate between $40-$50.
After much thought, WCA agreed to enter into a Collective Bargaining Agreement (CBA) with the
Southern California District Council of Laborers and Its Affiliated Local Unions (LiUNA) on June 1,
2015. Subsequently, on August 22, 2015, a new prevailing wage determination was issued by the
DIR. The new rates stem from WCA's CBA with the Laborers Union and although not as high as
the Construction Laborers rates as originally proposed by the DIR and Unions; they are more than
the wages for the current classification of Landscape Maintenance Laborer.
WCA approached the City on March 15, 2016 to discuss a contract increase that is a result of the
new prevailing wage determination for "Tree Maintenance (Laborer)" issued on August 22, 2015
by the DIR. The adjustment to wages has substantially altered WCA's ability to perform the
services at the amounts originally agreed to. For the past year, WCA chose to absorb the cost
increase to labor in order for cities to better plan for this increase. However, wage rates, as
determined by the DIR, will increase on July 1, 2016 and each July thereafter. At this time, WCA
proposes a 31 percent cost increase to account for the DIR's pre -determined increase. The
requested increase exceeds the consumer price index that is authorized per the existing
agreement and therefore requires City Council approval. Staff has met with WCA multiple times
to discuss the impacts of the DIRs decision and has concluded that the amendment is necessary
to continue to provide tree maintenance services throughout the City.
The City of Tustin has utilized WCA since February of 1993 for a full range of tree maintenance
services. WCA and the City have forged a very productive, efficient and effective working
relationship. As a result of the successful partnership built between the City and WCA, more and
more trees have been maintained annually at low cost and a dedicated commitment to providing
quality urban forestry maintenance to residents and businesses. 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 City staff and citizens while
responding to emergencies, planting new trees, special request/tree donations, and removing
stumps.
The DIR ruling will impact labor costs for all municipal tree maintenance service providers. It is
unlikely that competitive bidding would result in cost savings. The City's urban forest has an
estimated value of $52AM and is comprised of over 16,000 trees, ranging in size from 15 to 60+
feet in height. 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
Amendment No. 1 with West Cost Arborists, Incorporated.
Do gas . Stack, P.E.
D. e o of Public Works/City Engineer
Attachment: Amendment No. 1 to Agreement with West Coast Arborist, Inc.
FIRST AMENDMENT TO
CONTRACT AGREEMENT
THIS FIRST AMENDMENT (the "Amendment") is entered into the day of
2016, 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").
This Amendment is made with reference to the following:
RECITALS
A. WHEREAS, City and Contractor entered into an Agreement dated August 1,
2013 (the "Agreement"), wherein Contractor agreed to perform tree maintenance
services in accordance with the Agreement and specifications entitled "Urban Forestry
Management."
B. WHEREAS, City and Contractor desire to adjust Contractor's compensation
under this Agreement to reflect a 31% increase to all contract items listed on the Fee
Schedule, effective July 1, 2016 for the 2016/2017 fiscal year. This increase will reflect
the rise in the Consumer Price Index, for Los Angeles, Riverside and Orange County
Metropolitan area in future years.
AGREEMENT
The Agreement is hereby amended as follows:
A. Compensation
1. The areas of tree maintenance services to be provided by the Contractor
under this Agreement and the corresponding compensation are amended
as follows in Exhibit A, Fee Schedule C.
2. Contracted unit prices are subject to annual review effective July 1 of each
year to reflect a not-to-exceed Consumer Price Index (CPI) changes in
cost. The rates may be adjusted each year on July 1, at the sole
discretion of the City and, upon written request for an increase from
Contractor one-hundred twenty (120) days prior to July 1, all based upon
the percentage change in the CPI for All Urban Consumers for the Los
Angeles-Riverside-Orange County Metropolitan Area ("Index") published
by the United States Department of Labor, Bureau of Statistics for the
preceding year (December to December) calculated to the nearest one
cent. The Index published more immediately preceding the effective
adjustment date is to be used in determining the amount of adjustment. If
the Index has changed from the previous Index basis, the unit prices for
the following year of the term of the contract shall be set, if approved by
the City, by multiplying the previous unit prices by a ratio, the numerator
being the new Index value and the denominator being the previous Index
value. The Index value for the beginning of the original contract term shall
be the Index in effect at the time of the proposal. If only a portion of a unit
price changes, that portion alone shall be adjusted by the ratio. The
portion of the total unit price to be adjusted shall be determined by the
Director of Public Works based on documentation submitted by the
Contractor. The first rate adjustment, if approved by the City, will be
effective July 1, 2017. The same method of adjustment shall apply to all
future renewal years.
B. Effect of Amendment
This Amendment No. 1 is supplemental to the Agreement and is by reference
made a part of the Agreement. All of the terms, conditions, and provisions of the
Agreement unless specifically modified herein, shall apply to this Amendment
No. 1 and shall continue in full force and effect. In the event of any conflict or
inconsistency between the provisions of this Amendment No. 1 and any of the
provisions of the Agreement, the provisions of this Amendment No. 1 shall in all
respects govern and control.
C. Incorporation of Recitals
The Recitals above are hereby incorporated into this section as though fully set
forth herein and each Party acknowledges and agrees that such Party is bound,
for purposes of Amendment No. 1, by the same.
D. Entire Agreement.
The Agreement together with Amendment No. 1 constitute the entire Agreement
between the parties and supersedes all prior negotiations, arrangements,
representations, and understandings, if any, made by or among the Parties with
respect to the subject matter hereof. No amendments or other modifications of
the Agreement and Amendment No. 1 shall be binding unless executed in writing
by both Parties hereto, or their respective successors, assigns, or grantees.
E. Severability.
In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Amendment No. 1 shall be declared
invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this
Amendment No. 1, which shall be interpreted to carry out the intent of the partied
hereunder.
F. Authority
The persons executing this Amendment No. 1 on behalf of the parties hereto
warrant that they are duly authorized to execute this Amendment No. 1 on behalf
of said parties and that by do executing this Amendment No. 1 the Parties hereto
are formally bound to the provisions of this Amendment No. 1.
IN WITNESS WHEREOF, this Amendment No. 1 has been executed in the name
of City, by its officer's thereunto duly authorized, and Contractor as of the day and year
first above written.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the year and date first above written.
THE CITY OF TUSTIN
BY:
Mayor of the City of Tustin
ATTEST:
City Clerk of the City of Tustin
APPROVED AS TO FORM:
City Attorney
CONTRACTOR
BY:
Patrick Mahoney
President
Exhibit A
SCHEDULE C
FOR
URBAN FORESTRY MANAGEMENT
CITY OF TUSTIN
The undersigned proposes to furnish all materials, supplies, equipment and/or services
set forth herein, subject to all conditions outlined in the RFP, at prices indicated below:
Hardwood Tree Trimming: Unit Price in Figures
Full prune Hardwood tree
0" - 6" Diameter Standard Height $ 49.75
7" - 12" Diameter Standard Height $ 76.00
13" - 18" Diameter Standard Height $ 76.00
19" - 24" Diameter Standard Height $ 76.00
25" - 30" Diameter Standard Height $ 128.35
31" - 36" Diameter Standard Height $ 128.35
36"+ Diameter Standard Height $ 128.35
Crown Raise/Clearance Prune Hardwood tree
0" - 6" Diameter Standard Height $ 36.65
7" - 12" Diameter Standard Height $ 49.75
13" - 18" Diameter Standard Height $ 49.75
19" - 24" Diameter Standard Height $ 49.75
25" - 30" Diameter Standard Height $ 76.00
31" - 36" Diameter Standard Height $ 76.00
36"+ Diameter Standard Height $ 76.00
Palm Tree Trimming:
Prune Date Palm (Phoenix spp.) $ 128.35
Clean Trunk for Date Palm (Phoenix spp.) $ 13.10/foot
Prune Fan Palm (Washingtonia spp.) $ 58.95
Clean Trunk for Fan Palm (Washingtonia spp.) $ 13.10/foot
Prune all other Palm Species $ 58.95
Exhibit A
Root Pruning:
Annual total estimated cost includes the cost for all labor, materials, permits, special equipment,
licenses, hauling and disposal fees necessary to complete the contract requirements. Root
pruning and installation shall be done on an"as needed"basis per Department's requirement.
Root Pruning and installation of 12 inch root barrier:
$ 13.10 per lineal foot
Root Pruning and installation of 18 inch root barrier:
$ 24.90 per lineal foot
Root Pruning and installation of Root barrier Product
depth will vary from 12" to 30" and could include
horizontal applications.
$ 24.90 per lineal foot
Annual total estimated cost (A Total + B Total + C + Total) $ 62.90
General Labor Rates
Hourly rate for 1 Ground Person $ 65.50
Hourly rate for 1 Equipment Operator $ 65.50
Hourly rate for 1 Trimmer $ 65.50
Day Rate Service Crew:
Boom truck per eight (8) hour day to include a chip body, low decibel chipper, 1 trimmer, 2
ground persons $ 1,572.00
Exhibit A
Tree Removal:
Tree and Stump removal per inch trunk Diameter at Standard Height (DSH)
Removal Cost Removal Cost
(Milled Urban Lumber) (Standard Removal)
0" - 6" DSH $ 26.20 $ 13.10
7" - 12" DSH $ 26.20 $ 26.20
13" - 18" DSH $ 45.85 $ 26.20
19" - 24" DSH $ 45.85 $ 26.20
25" - 30" DSH $ 45.85 $ 39.30
31" - 36" DSH $ 45.85 $ 39.30
Over 36" DSH $ 45.85 $ 39.30
Stump grinding per stump diameter inch at grade $ 9.15
Tree Planting (Unit Cost shall include tree +planting + double staked with 2"lodge poles)
15 Gallon $ 131.00
24 inch Box $ 262.00
36 inch Box $ 851.50
48 inch Box $ 1,310.00
Fan Palm per foot BTH (brown trunk height) $ 65.50
Fan Palm 10-30 feet BTH $ 65.50
Tree Watering:
Watering of young trees, water truck/operator-per day $ 524.00
Emergency Services:
Fully equipped 3 person crew called in for emergency service:
During normal business hours $ 196.50
After hours, weekends Wor holidays $ 314.40
ISA Certified Arborist— per hour $ 131.00