HomeMy WebLinkAboutItem 11h - Extension to the Annual Tree Trimming Services ContractExtension to the Annual Tree Trimming Services Contract
November 17, 2020
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DATE: November 17, 2020
TO: Honorable Mayor and City Council
FROM: Tom Tait, Public Works Services Director
By: Jacquelyn Mercado, Senior Management Analyst
SUBJECT: EXTENSION TO THE CONTRACT WITH WEST COAST ARBORISTS,
INC. FOR ANNUAL TREE TRIMMING SERVICES, AND TREE REMOVAL
AND REPLACEMENT SERVICES IN THE AMOUNT OF $349,273.50
Recommendation: Approve
SUMMARY
On October 15, 2019, the City Council approved a contract to West Coast Arborists, Inc.
(“WCA”) in the amount of $304,070 to perform annual tree trimming services, plus an
included Capital Improvement Program budgeted amount of $30,000 for the Annual Tree
Removal and Replacement Program, for a total contract amount of $334,070. WCA is
reaching the end of their initial contract term and has submitted a written offer to extend
their contract for three additional years with a 5% or $15,230.50 increase in pricing for the
first year and no additional cost increases for the following two years through 2023.
Additionally, the City has requested that WCA increase their General Liability insurance
policy limit from the existing contract required $1 million per occurrence for bodily injury,
personal injury, and property damage to $10 million per occurrence. All other terms and
conditions of the contract will remain the same.
It is recommended that the City Council approve, authorize and direct the City Manager
to execute a contract extension with West Coast Arborists, Inc. for annual tree trimming,
removal, and replacement services in the total amount of $349,273.50 for the first year,
and two additional annual extensions through 2023. The total amount of the contract
includes an amount of $30,000 for the Annual Tree Removal and Replacement Program
budgeted in the Fiscal Year 2020-21 Capital Improvement Plan.
BACKGROUND
The Public Works Services Department (“PWSD”) is responsible for the care and
maintenance of approximately 15,300 trees located in City parks, rights-of-way, medians,
and public facilities throughout the City. In order to maintain the City’s Urban Forest, an
Extension to the Annual Tree Trimming Services Contract
November 17, 2020
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Annual Tree Trimming Grid Program was created to ensure that all City trees are trimmed
once every four years. This preventative maintenance program provides for the general
upkeep of the existing tree inventory and allows for tree removal and replacement.
Since 1993, the City of Arcadia has been recognized annually by the Arbor Day
Foundation as a “Tree City USA”. The Annual Tree Trimming Grid and Tree Removal and
Replacement programs allow the City to continue to receive this distinction. It also
ensures the safety of residents and others travelling on City streets by minimizing the
likelihood of tree limbs falling due to overgrowth and the resulting lawsuits that may occur.
DISCUSSION
Through a previous piggyback process, PWSD was able to procure a low cost for grid
trimming per tree, plus competitive pricing for other contract items such as emergency
crew response, various species of Palm tree trimmings, large tree removal, and special
service request trimmings that are not in the annual grid trim area. WCA is reaching the
end of their initial contract term and has submitted a written offer to extend their contract
for three additional years with a 5% increase in pricing for the first year and no additional
cost increases for the following two years through 2023. The proposed 5% base contract
increase, in the amount of $15,203.50, will offset costs incurred due to an anticipated
increase in the State’s minimum wage and additional costs incurred from increasing their
General Liability insurance policy limit. The proposed contracted extension includes a
base contract amount of $319,273.50 for annual tree trimming services and $30,000 for
the Annual Tree Removal and Replacement Program budgeted in the Fiscal Year 2020-
21 Capital Improvement Plan, for a total contract extension amount of $349,273.50.
This increase is in line with the current rate of inflation in the region as well as continued
increases to the state minimum wage that are putting upward pressure on most City
service contracts. Additionally, at the City’s request, WCA will be increasing their General
Liability insurance policy limit from the existing contract required $1 million per occurrence
for bodily injury, personal injury, and property damage to $10 million per occurrence. All
other terms and conditions of the contract will remain the same.
WCA is the City’s current tree trimming contractor and has provided excellent service for
the past four years. WCA has extensive experience in tree maintenance and
management services and has been providing tree trimming services for over 40 years.
Some of their current municipal contracts include the Cities of Azusa, Duarte, Rosemead,
Glendale, and Walnut.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
Extension to the Annual Tree Trimming Services Contract
November 17, 2020
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FISCAL IMPACT
All work is performed on a time and materials basis and the contractor is only paid for
work performed. Since the contract extension is split over two fiscal years, there is
sufficient funding in the Fiscal Year 2020-21 Operating Budget for the proposed increase.
The Public Works Services Department will conduct a mid-year budget review of the tree
trimming services contract and recommend budget adjustments, if needed. Additionally,
the 2020-21 Capital Improvement Plan Budget includes $30,000 for the Annual Tree
Removal and Replacement Program.
RECOMMENDATION
It is recommended that the City Council determine that this project is exempt under the
California Environmental Quality Act (“CEQA”); and approve, authorize and direct the City
Manager to execute a contract extension with West Coast Arborists, Inc. for annual tree
trimming services, and tree removal and replacement services in the amount of
$349,273.50 for the first year, and two additional annual extensions through 2023.
Attachment: Proposed Contract Amendment No. 1
AMENDMENT NO. 1 TO THE ANNUAL TREE TRIMMING MAINTENANCE
SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND
WEST COAST ARBORISTS, INC.
This Amendment No. 1 (“Amendment No. 1”) is hereby entered into this ______ day of
______________, 2020 by and between the City of Arcadia, a municipal corporation of the
State of California, and West Coast Arborists, Inc., a California Corporation, with respect to that
certain Contract between the parties dated November 21, 2019 (“Contract”).
The Parties agree as follows:
1. Article 2, Section.2.1 of the Contract is amended by adding the following at the end
thereof: “Notwithstanding any provision in this Contract to the contrary, the Term of this
Contract is extended to include the period from November 21, 2020 to and including
November 21, 2021 (“Extended Term”).”
2. Article 3 of the Contract is amended to provide that the total compensation due and
payable to the Contractor for the Extended Term shall not exceed Three Hundred
Thirty-Four Thousand Seventy Dollars and no Cents ($334,070.00). The Contractor
shall perform work during the Extended Period in accordance with the pricing schedule
set forth in Exhibit “A” attached hereto and incorporated herein by reference.
3. The Contract is amended to delete current Article 10, Indemnification, and to substitute
therefor new Article 10, Indemnification, attached hereto as Exhibit “B” and incorporated
herein by reference.
4. Article 44, Section A. of the General Conditions of the Contract is amended by deleting
therefrom “$1,000,000” and by substituting therefor “$10,000,000”.
5. All terms and provisions of the Contract not amended by this Amendment No. 1 are
hereby reaffirmed and shall remain in full force and effect.
In witness whereof the Parties have executed this Amendment No. 1 on the date set
forth below.
CITY OF ARCADIA WEST COAST ARBORISTS, INC. By: By: Dominic Lazzaretto City Manager Title: Dated: Dated: By: ATTEST: Title: Dated: City Clerk
APPROVED AS TO FORM CONCUR: Stephen P. Deitsch Tom Tait City Attorney Public Works Services Director
(Tree Trimming Maintenance)
Exhibit “B”
ARTICLE 10. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify and hold
harmless the City, its present and former officers, directors, employees, agents,
volunteers, mayor, staff, boards, committee and representatives, as broadly
interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits,
demands, obligations, losses, damages, sums or any other matters, threatened or
presently asserted, including but not limited to all legal fees, costs of defense and
litigation expenses (including legal fees, expert fees and any other costs or fees,
including those of adverse parties imposed on or sought against the indemnified
Parties), arising directly or indirectly out of any liability or claims of loss or liability for
personal injury, bodily injury to persons, contractual liability, errors or omissions,
breach, failure to perform, damage to or loss of property, or any other loss, damage,
injury or other claim of any kind or nature arising out of the actions, omissions to act,
negligence, intentional conduct or other activities of Consultant and/or Consultant’s
officers, agents, independent contractors, subcontractors or affiliated or related
entities and/or its or their employees, agents and representatives.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant
shall indemnify, defend and hold harmless the Indemnified Parties from and against
any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses, amounts for
good faith settlement, or costs of any kind, whether actual, alleged or threatened,
including attorney’s fees and costs, court costs, interest, defense costs, and expert
witness fees and costs), arising out of or related to, in whole or in part, the performance
of this Agreement by Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to Consultant’s officers, agents, independent
contractors, subcontractors or affiliated or related entities and/or its or their employees,
agents and representatives, including any and all actions, omissions to act,
negligence, intentional conduct or other activities. Indemnification shall include any
claim that Consultant or Consultant’s employees or agents, are or may be considered
and treated to be employees of the City or are entitled to any employee benefits from
City, including but not limited to those available under Public Employees Retirement
Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties
shall apply to all liability as defined above regardless of whether the Indemnified
Parties were or are alleged to have been actively or passively negligent, except that it
shall not apply to claims arising from the sole negligence or willful intentional
misconduct of the indemnified Parties.
(c) Subcontractors and Indemnification. Consultant agrees to and shall obtain executed
indemnity agreements in favor of the Indemnified Parties with provisions identical to
those set forth from each and every subcontractor, sub consultant or other person or
entity involved by, for, with, or on behalf of Consultant in the performance of any aspect
of this Agreement. In the event Consultant fails to obtain such indemnity obligations,
(Tree Trimming Maintenance)
Consultant shall be fully responsible for each and every subcontractor, sub consultant
or other person or entity in terms of defense, indemnity and hold harmless obligations
in favor of the Indemnified Parties. This obligation to indemnify and defend the
Indemnified Parties is binding on the successors, assigns or heirs of Consultant and
shall survive the full performance or termination of this Agreement. These
indemnification provisions are independent of and shall not in any way be limited or
superseded by the insurance requirements and insurance-related provisions of this
Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to
be paid for the Indemnified Parties’ benefit for any and all damage, fines or penalties,
or loss or theft to the property of the City arising out of or related in any way to the
actions, omissions to act, negligence, intentional conduct or other Consultant activities
and/or activities of Consultant’s officers, agents, independent contractors,
subcontractors or affiliated or related entities and/or its or their employees, agents and
representatives, whether such actions, omissions to act, negligence or intentional
conduct is or was authorized by this Agreement or not. City assumes no responsibility
whatsoever for any property placed on the premises of City. Consultant further agrees
to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect
of this provision shall in any way limit or effect the rights of the Indemnified Parties
against the Consultant under the terms of this Agreement or otherwise. The
indemnification provisions shall apply regardless of whether this Agreement is
executed after Consultant begins the work and shall extend to claims arising after this
Agreement is performed or terminated, including a dispute as to the termination of
Contractor. The indemnity obligations of Contractor shall continue until it is determined
by final judgment that the claim against the City and any Indemnified Parties is
determined by final judgment and after exhaustion of any rights of appeal.
(f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall
not be responsible for indemnification for claims or losses caused solely by the
negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity
provided shall be interpreted as broadly as permitted under California law and as to
agreements between parties, and shall if required be reformed to be consistent with
those laws to protect and save this provision for the protection of City and Indemnified
Party.
(g) Indemnification Independent of Insurance. These indemnification provisions are
independent of and shall not in any way be limited by the insurance requirements of
this Agreement. City approval of the insurance required by this Agreement does not in
any way relieve the Consultant from liability under this section.