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Staff Report

Commerce City Council
November 22, 2022

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Staff Report
Meeting
November 22, 2022
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Commerce City Council
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2
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Text extracted from the city's file for reading and search. Open the original on cityofcommerce.legistar1.com. That file is the official record.

CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Tree Maintenance Services
Meeting Date: November 22, 2022
RECOMMENDATION:

City Council to consider various actions listed in the staff report below regarding the City’s tree maintenance services and provide direction to staff.

BACKGROUND:

Following the release of a Request for Proposals (RFP) on July 2, 2019, the City Council awarded an Agreement to West Coast Arborists, Inc. (WCA) effective October 1, 2019 for an initial three years. The Agreement allows for two (2) two-year term extensions.

The City previously deferred action on this item back in June. Short-staffing in Public Works will make initiating an RFP process difficult at this time and with this timeframe. Thus, staff is recommending at minimum to amend the agreement to add a one-year term.

Earlier this year, staff received a request from WCA for consideration to extend the contract by one (1) year (see attached letter from WCA). While the Agreement provides for mutually-agreed upon extensions, without any reference to CPI increases, West Coast Arborists is requesting a 7.4% CPI adjustment. WCA agreed to continue on a month-to-month basis and honor the same rate structure through the end of December 2022 to allow the City Council time to consider options and provide direction to staff.

Staff would like to propose the following options for Council consideration:

Approve a first amendment to the Agreement with a 7.4% CPI adjustment and a one year extension. The extension could also be in effect for 12 months as WCA requested with a 7.4% CPI adjustment, ending in October of 2023.

Authorize the release of a new RFP. If City Council prefers this option, staff would recommend an extension also be authorized, at least through the end of the fiscal year June 30, 2023 with the requested 7.4% CPI adjustment in order to maintain continuity of services.

Provide other direction to staff.

Option 1
Due to challenges related to COVID-19 and the difficulty in establishing a strong rapport and services with a new provider given staffing resource shortages, it may be in the best interest of the City to continue with uninterrupted service at this time. Council could opt to extend the Agreement by an additional one (1) year as requested by West Coast Arborists, until October 1, 2023.

Further, it is recommended that the First Amendment should include trees added as part of a future public or street improvement be included in the contract at no-cost. The 2019 Request for Proposals (RFP) for Tree Maintenance Services § VI Project Special Provisions, which is part of the contract documents requires the City’s tree maintenance provider to abide by the City’s Tree Policy. As a matter of clarification, staff recommends including this provision in the First Amendment as well.

Option 2
Authorize the release of an RFP to solicit proposals for tree maintenance services, however also authorize an extension through at least June 30, 2023 to maintain continuity of services. This option would also require the 7.4% CPI adjustment as WCA is unable to continue to provide services competitively with the old rates. The timeline for release, receipt of proposals, analysis and award may require approximately 6 months.

Option 3
City Council to provide alternative direction to staff.

ALTERNATIVES:

Approve Option 1a or 1b or 2.

Disapprove Option 1a or 1b or 2.

Provide alternative direction to staff.

FISCAL IMPACT:

Should Council authorize a one year extension to the Agreement with WCA with the requested 7.4% CPI adjustment, the new annual amount would be $207,452 ($193,158 current annual + $14,294 CPI). If approved, the 2022/23 Fiscal Year operating budget account 10-5165-55021.10067 would be amended to reflect this change.

RELATIONSHIP TO STRATEGIC GOALS:

The agenda item relates to the 2016 Strategic Plan
Community Quality of Life
Guiding Principle #5:

Foster environmentally conscious initiatives and continue to identify and develop city codes that support a clean, well-maintained, sustainable community.

Recommended by: Gina Nila, Director of Public Works
Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form: Noel Tapia, City Attorney
Respectfully submitted: Edgar P. Cisneros, City Manager ATTACHMENTS:

Extension Request from WCA
Agreement for Tree Trimming Service between City and WCA Proposed Extension (PENDING, City Council Approval of Terms)

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