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22-0503_WEST COAST ARBORISTS, INC._Agenda Report_E11City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Jill Thomas, Senior Management Analyst DATE: May 3, 2022 SUBJECT: Amendment No. 1 to Maintenance Services Agreement for Tree Maintenance Services (West Coast Arborists, Inc.) RECOMMENDATION: Approve and authorize the City Manager to execute Amendment No. 1 to the Maintenance Services Agreement with West Coast Arborists, Inc. for tree maintenance services for a two-year period beginning July 1, 2022, and ending June 30, 2024. EXECUTIVE SUMMARY: The current agreement for tree maintenance services with West Coast Arborists, Inc. (WCA) expires on June 30, 2022 (Attachment 1). Per the terms of the agreement, the City may extend the agreement for two additional two-year optional renewals. WCA has provided exceptional tree maintenance service for the City for the past 23 years, which includes grid pruning, trimming, removals, plantings, and professional arborist services. Consequently, it is recommended that the City Council approve Amendment No. 1 (Attachment 2), which would extend the agreement from July 1, 2022, to June 30, 2024, and include an All-Urban Consumer Price Index (CPI-U) adjustment per terms of the agreement. FISCAL IMPACT: The Agreement with WCA includes a “not-to-exceed the amount” available in the City’s adopted fiscal year operating and capital improvement budgets for tree maintenance services. Annual tree maintenance expenditures average between $175,000 to $300,000 per year. As previously stated, if exercised, renewal terms would include an All-Urban Consumer Price Index (CPI-U) adjustment equal to the two-year average (i.e., from October to October) which is 3.05% for the term of the extension, Fiscal Years 2022-2023 5/3/2022 E11 City Council Agenda Report May 3, 2022 Page 2 of 2 and 2023-2024. There is sufficient funding to provide for tree maintenance services in the proposed Fiscal Year 2023 Operating Budget. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Approving and authorizing the City Manager to execute Amendment No. 1 to the Maintenance Services Agreement with West Coast Arborists, Inc. for tree maintenance services for a two-year period beginning July 1, 2022, and ending June 30, 2024, would not be an activity with potential to cause significant effect on the environment and therefore is exempt from CEQA. PRIOR CITY COUNCIL REVIEW: On May 5, 2020, the City Council adopted a resolution waiving the formal request for proposals process and approved a Maintenance Services Agreement for Tree Maintenance Services with West Coast Arborists, Inc. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. NOTIFICATION: West Coast Arborists, Inc. ATTACHMENT(S): Attachment 1: Maintenance Services Agreement (WCA) Attachment 2: Proposed Amendment No. 1 AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. 1.Parties and Date. This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as of this 3rd day of May 2022, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and West Coast Arborists, Inc., a California corporation, with its principal place of business at 2200 E. Via Burton, Anaheim, CA 92806 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled “MAINTENANCE SERVICES AGREEMENT” dated May 5, 2020 (“Agreement”) for the purpose of retaining the services of Contractor to provide professional Citywide Tree Maintenance Services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Maintenance Services Agreement for Citywide Tree Maintenance Services at the pricing shown on Exhibit A for an additional two-year term beginning July 1, 2022 and ending June 30, 2024. All other terms and conditions will remain the same as noted in the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 and 3.5.9 of the Agreement. ATTACHMENT 2, PAGE 1 OF 4 3. Terms. 3.1 Renewal Term. The term of the Agreement is hereby extended for one (1), two (2) year renewal commencing July 1, 2022 to June 30, 2024, i.e., the First Renewal Term unless earlier terminated as provided herein. 3.2 Renewal Term Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Amendment during the First Renewal Term at the rates set forth in Exhibit “A” (attached hereto and incorporated herein by reference). 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] ATTACHMENT 2, PAGE 2 OF 4 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND WEST COAST ARBORISTS, INC. CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney WEST COAST ARBORISTS, INC. Signature Name Title Date ATTACHMENT 2, PAGE 3 OF 4 Item Description Unit 2022-2024 1 Grid Pruning Flat rate price per tree Each 77.00$ Full Prune per Service Request 2 0"-12" DSH Each 77.00$ 3 13"-18" DSH Each 104.00$ 4 19"-24" DSH Each 128.00$ 5 25"-30" DSH Each 149.00$ 6 31"-36" DSH Each 303.00$ 7 36"+ DSH Each 510.00$ Crown Raise per Service Request - Hardwood tree -$ 8 0"-12" DSH Each 42.00$ 9 13"-18" DSH Each 47.00$ 10 19"-24" DSH Each 78.00$ 11 25"-30" DSH Each 98.00$ 12 31"-36" DSH Each 149.00$ 13 36"+ DSH Each 231.00$ Crown Cleaning per Service Request - Hardwood tree -$ 14 0"-12" DSH Each 77.00$ 15 13"-18" DSH Each 104.00$ 16 19"-24" DSH Each 128.00$ 17 25"-30" DSH Each 200.00$ 18 31"-36" DSH Each 231.00$ 19 31"-36" DSH Each 283.00$ Crown Reduction per Service Request - Hardwood tree -$ 20 0"-12" DSH Each 211.00$ 21 13"-18" DSH Each 303.00$ 22 19"-24" DSH Each 355.00$ 23 25"-30" DSH Each 407.00$ 24 31"-36" DSH Each 458.00$ 25 36"+ DSH Each 541.00$ Palm Pruning -$ 26 Prune Date Palm (Phoenix spp.)Each 231.00$ 27 Clean Trunk for Date Palm (Phoenix spp.)Each 231.00$ 28 Prune Fan Palm (Washingtonia spp.)Each 66.00$ 29 Clean Trunk for Fan Palm (Washingtonia spp.)Each 97.00$ 30 Prune all other Palm Species Each 66.00$ Tree and Stump Removal -$ 31 0"-12" DSH Each 231.00$ 32 13"-18" DSH Each 334.00$ 33 19"-24" DSH Each 516.00$ 34 25"-30" DSH Each 773.00$ 35 31"-36" DSH Each 876.00$ 36 36"+ DSH Each 1,031.00$ Tree Removal -$ 37 0"-12" DSH Each 231.00$ 38 13"-18" DSH Each 334.00$ 39 19"-24" DSH Each 516.00$ 40 25"-30" DSH Each 773.00$ 41 31"-36" DSH Each 876.00$ 42 36"+ DSH Each 1,031.00$ Stump Removal -$ 43 Stump Removal per Stump Diameter Inch at Grade Dia Inch 15.00$ Tree Planting and Skating -$ 44 15 gallon (double skated per specs) - Labor, Equipment, Tree and Materials Each 200.00$ 45 24" inch box (double skated per specs) - Labor, Equipment, Tree and Materials Each 407.00$ 46 36" inch box (double skated per specs) - Labor, Equipment, Tree and Materials Each 984.00$ General Labor Rates -$ 47 Rate for 1 Ground-person Hour 92.00$ 48 Rate for 1 Equipment Operator Hour 92.00$ 49 Rate for 1 Trimmer Hour 92.00$ Day Rate -$ 50 Day Rate Service Crew Day 2,202.00$ 51 Specilaty Equipment Day Rate Day 1,009.00$ Emergency Services -$ 52 During normal business hours (based on 3 person crew)Hour 310.00$ 53 After hours, weekends &/or holidays (based on 3 person crew)Hour 464.00$ General Arborist Services -$ 54 Arborist Reports Hour 180.00$ 55 Level 1, 2, 3 Risk Assessments Hour 180.00$ Other Charges -$ 56 Traffic Control Hour 92.00$ 57 Plant Health Care Hour 92.00$ EXHIBIT A -- CITY OF SAN JUAN CAPISTRANO ATTACHMENT 2, PAGE 4 OF 4