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01-19-2021 - AGENDA ITEM 28 CONSIDERATION OF AMENDMENT NO. 1 TO WEST COAST ARBORISTS, INC. CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICESAGENDA ITEM NO.28 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: January 19, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF AMENDMENT NO. 1 TO WEST COAST ARBORISTS, INC. CONTRACT FOR CITYWIDE TREE MAINTENANCE SERVICES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to negotiate and execute Amendment No. 1 with West Coast Arborists, Inc. increasing the annual compensation by $300,000 for Fiscal Year 2020-21. BACKGROUND: The Public Services Department is responsible for maintenance of all City -owned facilities and public infrastructure. One component of these maintenance responsibilities is establishing and maintaining an efficient and cost-effective tree maintenance program. Implementing an annual tree maintenance program is critical in order to ensure the proper upkeep and maintenance of the City's urban forest. These regular maintenance services vary in scope and frequency depending on the sizes, species and condition of trees. West Coast Arborists, Inc. (WCA) has been providing tree maintenance services to the City of West Covina since 1997. In 2020, the City entered into a new contract with WCA, but had to change its trimming cycle from a seven-year to an eight -year trimming cycle. Prior to the seven-year tree trimming cycle established in 2017, tree maintenance was done on as -needed basis. Inconsistent trimming schedules have caused some trees in the City to be overgrown and in need of additional maintenance. DISCUSSION: Industry standard for tree trimming is 3-5 years. However, due to the current budgetary constraints, the City is unable to perform such maintenance on a five-year trimming cycle. The current budget allows for approximately 3,500 trees to be trimmed annually, which is an eight -year -trimming cycle. On November 17, 2020, the City Council adopted Resolution No. 2020-111, which appropriated an additional $300,000 to Citywide Maintenance District Account No. 188.61.4141.6130. Amendment No. 1 to the WCA contract for citywide tree maintenance services is to increase the contract amount from $485,000 to $785,000 for Fiscal Year 2020-21. The additional appropriated funds will be used to address overgrown tree trimming and compromised tree removals needed. There are a number of benefits by approving the additional funds for tree maintenance, including improving the overall appearance of the community, reducing exposure to claims for damages from tree related incidents, better customer service to residents who want/expect more frequent tree trimming, reduction of other tree related hazards (i.e. potentials source of fuel for fires), and much more. LEGAL REVIEW: The City Attorney's Office has reviewed the amendment and approved it as to form. OPTIONS: The City Council has the following options: 1. Adopt staff's recommendation; 2. Provide alternative direction. Prepared by: Renee M. G. Chavez, Accounting Technician Fiscal Impact FISCAL IMPACT: There is no fiscal impact with this request. The Fiscal impact was addressed on November 17, 2020 through City Council's adoption of Resolution No. 2020-111, which appropriated the additional $300,000 to Citywide Maintenance District Account No. 188.61.4141.6130. Attachments Attachment No. 1 - First Amendment to Professional Service Agreement with West Coast Arborist, Inc CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance the City Image and Effectiveness Attachment No. 1 — First Amendment to Professional Services Agreement with West Coast Arborists, Inc. FIRST AMENDMENT TO CITY OF WEST COVINA PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR CITY TREE TRIMMING AND MAINTENANCE SERVICES THIS FIRST AMENDMENT ("Amendment") is made and entered into as of January 19, 2021 ("Effective Date") by and between the CITY OF WEST COVINA, a municipal corporation ("City"), and WEST COAST ARBORISTS, INC., a California corporation ("Contractor"). WHEREAS, City and Contractor entered into a Maintenance Services Agreement dated July 1, 2020 for Contractor to trim and maintain City trees ("Original Agreement"); and WHEREAS, on November 17, 2020, the City Council, through the adoption of Resolution No. 2020-111, approved Budget Amendment No. 021, which appropriated an additional $300,000 for citywide tree maintenance services for Fiscal Year 2020-2021; and WHEREAS, City and Contractor desire to amend the Scope of Services and increase Contractor's compensation for Fiscal Year 2020-2021 accordingly. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The Scope of Services set forth in Exhibit A of the Original Agreement shall be amended as follows: a. On the first page of Exhibit A, the following paragraph shall be deleted in its entirety: "Contractor will perform complete prunes on approximately 5,000 city trees in the grid each year over a five year period, as requested by City and on a schedule agreed upon by City and Contractor." b. Said paragraph shall be replaced with the following: "Contractor will perform complete prunes on approximately 3,500 City trees in the grid each year, as requested by City and on a schedule agreed upon by City and Contractor. Contractor understands and agrees that City may request additional pruning based upon availability of City funds." 2. During the first year of the term, Contractor shall provide additional tree trimming and maintenance services to trees in the grid as requested by City and on a schedule agreed upon by City and Contractor. 3. Section 2.1 of the Original Agreement shall be amended to read as follows: 2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "B," attached hereto and made a part of this Agreement (the "Fee Schedule"). Contractor's annual compensation during the first year of the term shall not exceed Seven Hundred Eighty -Five Thousand Dollars ($785,000.00). Thereafter, Contractor's annual compensation for the West Coast Arborists, Inc. Amendment 1 1 Page 1 Updated April 2020 remainder of the initial term and any extension period shall not exceed Four Hundred Eighty -Five Thousand Dollars ($485,000.00). Contractor's total compensation shall not exceed Two Million Seven Hundred Twenty -Five Thousand Dollars ($2,725,000.00). All terms not defined herein shall have the same meaning and use as set forth in the Original Agreement. IN WITNESS WHEREOF, City and Contractor have executed this Amendment as of the date set forth above. CITY OF WEST COVINA David Carmany City Manager ATTEST: Lisa Sherrick Assistant City Clerk APPROVED AS TO FORM: Thomas P. Duarte City Attorney CONT C R Patric Mahoney President Ward Mahoney ice President/Se creta West Coast Arborists, Inc. Amendment 1 1 Page 2 Updated April 2020