ACTION:
____________________________
Clerk/Secretary
Department: Public Works Item No: C10
Prepared by: Leslie Webb-Blanco, Management Assistant Meeting Date: March 8, 2022 Approved by:
Kuna Muthusamy, Director
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: FIFTH AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC.
RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the fifth amendment to the agreement with West Coast Arborists, Inc. for street tree maintenance services.
CORRELATION TO CITY COUNCIL GOALS: (1) Fiscal Responsibility, (2) Continue to improve the Image of the City, and (3) Public Safety.
PRIOR ACTION: On February 26, 2019, adopted City Council Resolution No. 2019-23, approving a third amendment to the agreement with West Coast Arborists, Inc., for street tree maintenance services (Vote: 5-0).
On December 9, 2014, adopted City Council Resolution No. 2014-169, approving an agreement with West Coast Arborists, Inc. for street tree maintenance services (Vote: 5-0).
A comprehensive list of prior actions is included in Exhibit 4.
STATEMENT ON THE SUBJECT: Since 2005, West Coast Arborists (WCA) have been providing street tree maintenance services for the City, and staff has been satisfied with their quality of work. The current agreement sets fixed prices and identifies a tree trimming maintenance program for City inventoried trees.
In 2019, the City inventoried approximately 19,828 trees including 6,790 trees in City parks and 13,038 trees along streets and medians. Under the program, trees in the public right-of-way including streets, medians, and parks, are trimmed every four or eight years and as needed on an ongoing annual grid schedule (Exhibit 3), and dead and declining trees are removed.
Over the past four years, through a combination of regular urban forestry programing and CAL FIRE grant funded opportunities, over 1,000 new trees have been planted. Additionally, ongoing evaluation of the tree population has led to the identification of almost 1,000 additional City trees. This is an overall increase of nearly 2,000 trees since the City inventoried trees in 2019 and developed the current grid schedule.
Due to the increase of planted and identified trees, staff recommends amending the current agreement with WCA to trim the additional 2,000 trees this grid cycle. Currently, approximately 4,000 trees are trimmed annually; however, with this expanded scope of services, WCA will trim over 6,000 trees this grid cycle. The proposed amendment is a one-time increase of $110,000 for a total contract ceiling of AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
03/08/2022 C10 Page 1 of 34
Approved above recommendation, adopted City Council Resolution No. 2022-32.
Vote: 5-0
MEETING DATE: MARCH 8, 2022 PAGE 2
SUBJECT: FIFTH AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. $384,800. The amendment will bring the City up to date with its trimming cycles, maintenance and removal schedule, and continue to maintain a healthy vibrant urban forest.
FISCAL IMPACT: The amendment to the agreement with West Coast Arborists will increase the annual ceiling by $110,000, from $274,800 to $384,800. Funding for the increase is available in Fiscal Year 2021/22 Operating Budget Land & Building Maintenance Services Account (No.1080440.531700.00085).
Funding for subsequent years will be included in yearly budget preparations.
EXHIBITS:
1. City Council Resolution No. 2022- , approving the fifth amendment to the agreement with West Coast Arborists, Inc. for street tree maintenance services
2. Fifth Amendment to the Agreement with West Coast Arborists
3. Tree Trimming Grid Maps
4. Original agreement with WCA including amendments
5. Comprehensive List of Prior Actions
03/08/2022 C10 Page 2 of 34
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR STREET TREE
MAINTENANCE SERVICES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. On December 9, 2014, the City of Vista entered into an agreement with West Coast Arborists, Inc. for street tree maintenance services.
B. The City desires to amend the agreement to increase the annual contract ceiling by $110,000 from the current ceiling of$274,800 to a new annual ceiling of$384,800 to compensate Contractor for the expanded scope of services to maintain additional trees as directed by the City at the current Contract price.
2. Action.
A. The Fifth Amendment to the agreement with West Coast Arborists, Inc. for street tree maintenance services, is approved, and the Mayor is authorized to execute the amendment.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 8, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:
DAROLD PIEPER, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:
APPROVED
Darold Pieper
20220224132113
001058922 EXHIBIT 1
03/08/2022 C10 Page 3 of 34
FIFTH AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND WEST COAST ARBORISTS, INC. FOR STREET
TREE MAINTENANCE SERVICES
THIS FIFTH AMENDMENT("Fifth Amendment")to the Contract between the City of Vista and West Coast Arborists, Inc., dated December 9, 2014 ("Contract"), is made and entered into as of ("Fifth Amendment Date"), by and between the City of Vista, a chartered municipal corporation ("City"), and West Coast Arborists, a California corporation ("Contractor").
Recitals: City, District, and Contractor now desire to enter into a Fifth Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. Contractor agrees to an expanded scope of services to maintain additional trees as directed by the City at the current Contract price up to $384,800 in Fiscal Year 2021/22.
2. Section 3(d) is amended to increase the contract ceiling by$110,000 to a new total contract ceiling of$384,000, to compensate Contractor for the expanded scope of services.
3. All other conditions of the Contract shall continue in full force and effect.
IN WITNESS WHEREOF,the parties have executed and entered into this Fifth Amendment as of the Fifth Amendment Date.
CITY OF VISTA, a chartered municipal WEST COOT ARBORISTS, INC., a corporation California o po tion
By:
JUDY RITTER, MAYOR By:
ATTEST: NAMErritle Patrick Mahoney, President
KATHY VALDEZ, CITY CLERK
By:By:
NAME/Title Richard Mah ey, S retary
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
APPROVED
Darold Pieper
20220216161146
001057592 EXHIBIT 2
03/08/2022 C10 Page 4 of 34
City of Vista 4 Year Trim Cycle — Right of Ways (ROWS)
13,038 trees
ROWS Zone 2
3,519 trees
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03/08/2022 EXHIBIT 3 C10 Page 5 of 34
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03/08/2022 C10 Page 6 of 34
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03/08/2022 C10 Page 7 of 34
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03/08/2022 C10 Page 9 of 34
City of Vista 8 Year Trim Cycle — Parks
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GIA-nneSL Park Zone 8
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03/08/2022 C10 Page 10 of 34
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03/08/2022 C 10 Page 11 of 34
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03/08/2022 C 10 Page 12 of 34
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03/08/2022 C 10 Page 13 of 34
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03/U8/2022 C]U Page14 of34
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03/08/2022 C 10 Page 15 of 34
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pr Q.
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03/08/2022 C 10 Page 16 of 34
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03/08/2022 C 10 Page 17 of 34
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924 Trees
03/08/2022 C 10 Page 18 of 34
FOURTH AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND WEST COAST ARBORISTS, INC. FOR STREET TREE
MAINTENANCE SERVICES
THIS FOURTH AMENDMENT("FOURTH Amendment") to the Contract between the City of Vista and WEST COAST ARBORISTS, INC., dated December 9, 2014 ("Contract"), is made and entered into as of 5 r ?CI-go ("Fourth Amendment Date"), by and between the City of Vista, a charter d municipal corporation ("City"), and WEST COAST ARBORISTS, INC., a California corporation ("Contractor").
Recitals: City and Contractor now desire to enter into a Fourth Amendment to the Contract by modifying the terms of the Contract.
NOW,THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. Exhibit A to the Contract is amended to update the pricing schedule as shown on Exhibit A.
2. Section 5(a) of the Contract is amended to extend the term of the Contract to June 30, 2022.
3. All other conditions of the Contract shall continue in full force and effect.
IN WITNESS WHEREOF,the parties have executed and entered into this FOURTH Amendment as of the Fourth Amendment Date.
CITY OF VISTA, a chartered municipal WEST COAST ARBORISTS, INC., a corporation California nor or io �I
By: PO& 1€ r
PAtRICK J 1-INSON, CITY MANAGER By: f
ATTEST: NAME/Title _ iricV }„kaYY mY ,�'y` -;tml KATHY VALDEZ,CITY CLERK By-
By: ,�
PP fylOtr71E1Title I i3 ��
APPROVED AS TO FOR
DAROLD PI I RNEY
RISK MANAGEMENT REVIEW:
DOLORE ASCON, RISK MANAGER
By'
APPROVED
Darold Pieper
202004231529M
000848482
EXHIBIT 4
03/08/2022 C10 Page 19 of 34
Tree Care Professionals Serving Communities Who Care About Trees www.WCA1NC.com April 9,2020
far
City of Vista 203
ATTN.Chris Arce �'?� 14 2020
1165 East Taylor Street
Vista,CA 92084 Public Works
RE: Tree Maintenance Services
Dear Mr.Arce,
A h the d f the a 4111sca1 t1:IeSt 1k-.03 6 w..L...-: :.. Id I:L a..�..L.. n��c aNNivaa.n arc ciiu v.the a.aiircin ��at.m yco'r, •�cx tvaa%n1uv::4La, Inc.w would l:kc to take this opportunity to convey our sincere gratitude to you and your staff for another successful year.
Together, we have worked diligently to maintain the Integrity, health and preservation of the City's urban forest.
The purpose of this letter is to express our interest in continuing with the agreement for an additional year with a slight adjustment.The adjustment is a result of increased labor costs under the Prevailing Wage Classification: Tree Maintenance Laborer, as determined by the California Department of Industrial Relations.
Effective July 1,2020,we respectfully request a cost adjustment of 2.30%based on the Consumer Price Index (CPI) for the San Diego area for the previous calendar year, as published by the Department of Labor's Bureau of Labor Statistics.
As always, we are committed to providing superior service to you and to the residents of Vista.
We very much appreciate your business and continued support.Should you have any questions or require additional Information,please do not hesitate to call me at(800)521-3714.
Sincerely,
i
Victor M.Gonzalez
Vice President,Marketing
West (oast Arborists, Inc.
CITY OF VISTA
Schedule of Compensation for Year 2020 - 2021
Tree Maintenance Services performed by WCA, Inc.
Atem Description
. ,
1 Grid Pruning Each $58.50
2 Tree and Stump Removal Inch $22.60
3 Tree Only Removal Inch $13.30
4 Stump Only Removal Inch $9.30
5 Plant 15 Gal w/RB Each $143.65
6 Plant 24"Box w/RB Each $252.70
7 Plant 36"Box w/RB Each $664.95
8 Plant 48"Box w/RB Each $1,329.90
9 Root Pruning Linear Foot $13.30
10 Watering Man Hour $79.80
11 GPS Tree Inventory Each $1.35
12 Arborist Services Man Hour $133.00
13 Crew Rental-per man Man Hour $79.80
14 Emergency Response(3 men $279.30/hr) Man Hour $93.10 The current rates have remained the same since July 1;2017.The proposed rates reflect a 2.3% Increase based on the Consumer Price Index for the San Diego region for the previous 12 months.The increase helps offset the pre-determined increase in prevailing wage as established by the state's Department of Industrial Relations.Upon approval,the new rates will be effective 7/1/20 and valid through 6130/21.
03/08/2022 C10 Page 21 of 34
THIRD AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND WEST COAST ARBORISTS, INC. FOR STREET TREE
MAINTENANCE SERVICES
THIS THIRD AMENDMENT ("Third Amendment") to the Contract between the City of Vista and West Coast Arborists, Inc., dated December 9, 2014 ("Contract'), is made and entered into as of ;? (`Third Amendment Date"), by and between the City of Vista, a chartered munici al corporation ("City"), and West Coast Arborists, Inc., a California corporation ("Contractor").
Recitals: City and Contractor now desire to enter into a Third Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. Contractor agrees to an expanded scope of services to trim additional trees as generally described on Exhibit A, and as directed by the City, at the current Contract price up to $250,000 in Fiscal Year 2018/19.
2. Section 3(d) is amended to increase the Fiscal Year 2018/19 contract ceiling by $250,000 from $274,800 to a new total contract ceiling of$524,800 to compensate Contractor for the expanded scope of services.
3. All other conditions of the Contract shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Third Amendment as of the Third Amendment Date.
CITY OF VISTA, a chartered municipal WEST CO/AT T A ORISTS, INC corporation California rpo 'on
By: By:
JUDY RITE MAYOR
NAME/Title Patri k Mahoney, President
ATTEST: �.
KATHY VALDEZ, CITY CLERK By:
By: NAME/Title Richar ah e Secretary
03 APPROVED AS TO FORM:
DAROLD P CITY NEY
By:
RISK MANA.,QEMENT R IEW:
DOLORES V
MANAGER
By:
APPROVED
Darold Pieper
20190213174000
000694032
03/08/2022 C10 Page 22 of 34
SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND WEST COAST ARBORISTS, INC. FOR
STREET TREE MAINTENANCE SERVICES
THIS SECOND AMENDMENT ("Second Amendment') to the Contract between the City of Vista and West Coast Arborists, Inc. dated December 6, 2014 ("Contract'), is made and entered into as of au►ne- AQ 2nA ("Second Amendment Date"), by and between the City of Vista, a chartered municipal corporation ("City"), and West Coast Arborists, Inc., a California corporation ("Contractor").
Recitals: City and Contractor now desire to enter into a Second Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. Section 5(a) of the Contract is amended to extend the term of the Contract to June 30, 2020.
2. All other conditions of the Contract shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Second Amendment as of the Second Amendment Date.
CITY OF VISTA, a chartered municipal WEST CO T O STS, ., a corporatio California r i n
r
By: By:
PATRICK JO NSON, CITY MANAGER
NAME/Title Patrick Mahoney, President
ATTEST:
KATHY VALDEZ, CITY CLERK By:
By: NAME/Title Richard Mahon , Secretary
APPROVED AS TO FORM:
DAROLD PIEP TY ATT EY
By:
RISK MANAGE EV E
DOLORES AS IS ER
By:
APPROVED
Darold Pieper
20180531071938
000617252
03/08/2022 C10 Page 23 of 34
FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF VISTA AND WEST COAST ARBORISTS, INC. FOR STREET TREE MAINTENANCE
SERVICES WITHIN THE CITY OF VISTA
THIS FIRST AMENDMENT ("First Amendment") to the Contract between the City of Vista and West Coast Arborists, Inc., dated December 9, 2014 ("Contract'), is made and entered into as of _ Il_1. '2e7((_, ("First Amendment Date"), by and between the City of Vista, a chartered municipal corporation ("City"), and West Coast Arborists, Inc., a California Corporation ("Contractor").
Recitals: City and Contractor now desire to enter into a First Amendment to the Contract by modifying the terms of the Contract.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1_ Exhibit A to the Contract is amended to update the pricing schedule as shown on Exhibit A.
2. Section 3(d) is amended increase the contract ceiling by $38,800 per year to a new annual contract ceiling of$274,800, to compensate Contractor for the new pricing schedule
3. All other conditions of the Contract shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.
CITY OF VISTA, a chartered municipal WEST COA T A BORISTS C., a corporation California C r or ion
By:
JUDY RI , MAYOR By:
ATTEST: Name/Title Patrick Maho President
KATHY VALDEZ,CITY CLERK
- By:
sy:
Na elTitle Richard Mahoney, As istant Secretary
APPROVED AS TO FORM:
DAROLD PIEPE Y AT I
By:
RISK MANAGEMENT REVIEW:
DOLOR G SCON, RISK MANAGER
By:
APPROVED
Darold P*per
20160531165305
W038119 2
03/08/2022 C10 Page 24 of 34
NACA* EXHIBIT A
Tree Care Professionals Serving Commmities*1ho OweAout Trees www.WCAINC.com Apra 12,2016
City of Vista
ATTN.Chuck Crist
1165 East Taylor Street
Vista,CA 92084
RE: TREE MAINTENANCE SERVICES AGREEMENT
Dear Mr. Crist,
Throughout the past 11 years, West Coast Arborists, Inc_ (WCA) and the City of Vista have forged a very productive and cohesive working relationship. Together our organizations have endured both good and bad times with the ever fluctuating economy of our state. Despite current economic trends; the integrity, health and preservation of the City's urban forest remains our common goal.
For many years, union organizations debated with the State's Department of Industrial Relations (DIR) and our firm that the work we performed for public agencies consisted of construction work and therefore, they demanded that we pay our field employees construction laborer rates which averaged between$40-$S0 per hour,
After much careful thought, WCA agreed to eater into a Collective Bargaining Agreement (C8A)with the Laborers Union on June 1, 2015. Subsequently, on August 22, 2015, a new prevailing wage determination was issued by the DIR. The new rates stem from our CBA with the Laborers Union and although not as high as the construction laborers rates as originally proposed by the DIR; they are, however,more than the wages for Landscape Maintenance Laborer.
There are benefits to the new prevailing wage; it will allow the cities to continue to atford contracted tree maintenance services at a reasonable cost, help support the State's initiative to increase the lower tiered wages, provide a decent wage for the municipal tree care industry, and allow us to continue to operate at a competitive rate.
However, the new prevailing wages are higher than previously used and will Increase beyond the Consumer Price Index beginning July 1,2016.The new wage classification includes pre-determined wage increases for the next three (3) consecutive years. Based on this development, WCA respectfully requests a price adjustment to help offset these imposed wage rates. We propose a rate increase of 20%for FY16-17,and 10%for FY17.18.Attached to this letter is our proposed price schedule.
We appreciate your ongoing efforts to make this Agreement successful for both parties. Should you have any questions,or require additional information please do not hesitate to contact me at(800) 521- 3714.
Since ,
rick Mahoney
President
West Coast Arborists, Inc.
03/08/202 • 92806 - /1,1,991.1900 Page 25 of 34
City of Vista
Schedule of Charges
Street Tree Maintenance Services
FY2016-17 FY2017-18
Description Current Proposed Proposed
Prices Prices Prices
Tree Planting(Per Tree)
15 Gallon (double staked per specs+root barrier) $ 108.00 $ 129,00 $ 142.00 24 Inch Box(double staked per specs+root barrier) $ 190.00 $ 228.00 $ 251.00 36 Inch Box (double staked per specs+root barrier) $ 500.00 $ 655.00 $ 720.00 48 Inch Box (double staked per specs+root barrier) $ 1,000.00 $ 1,200.00 $ 1,320.00 Tree Watering(per hour
E Watering of young trees,water truck/operator per hour $ 60.00 $ 72.00 $ 79.00 f
Tree Pruning(by Grid) $ 44.00 $ 52.00 $ 57.00 Tree Removal (per service request)
0"-6" in diameter $ 17.00 $ 20.00 $ 22.00 7"-12" in diameter $ 17,00 $ 20.00 $ 22.00 13"-18" in diameter $ 17.00 $ 20.00 $ 22.00 19"-24" in diameter $ 17.00 $ 20.00 $ 22.00 25"-30" in diameter $ 17.00 $ 20.00 $ 22.00 31"-36" in diameter $ 17.00 $ 20.00 $ 22.00 Stump grinding per stump diamater inch at grade $ 7.00 $ 8.00 $ 9.00 Root Pruning-(per linear foot) $ 10.00 $ 12.00 $ 13.00 General Labor Rates(by hour)
Hourly rate for 1 Ground man $ 60.00 $ 72.00 $ 79.00 Hourly rate for 1 Equipment Operator $ 60.00 $ 72.00 $ 79.00 Hourly rate for Trimmer $ 60.00 $ 72.00 $ 79.00 Hourly rate for Municipal Specialist $ 60.00 $ 72.00 $ 79.00 Day Rate Service Crew-(per day) $ 1,440.00 $ 1,728.00 $ 1,896.00 Emergency Services-(per hour) 3-man crew $ 180.00 $ 216.00 $ 237.00 } After Hours Weekends & Holidays $ 210.00 $ 252.00 $ 277.00 Arborists Reports-(per hour) $ 100.00 $ 120.00 $ 132,00 GPS Tree Inventory-(pre tree site) $ 1.00 $ i.20J $ 1.30 Proposed prices for FY16-17 reflect an approx. 20% increase.
Proposed prices for FY17-18 reflect an approx. 10% increase. i
1 03/08/2022 C10 Page 26 of 34
AGREEMENT BETWEEN THE CHARTERED CITY OF VISTA AND
WEST COAST ARBORISTS, INC., FOR STREET TREE MAINTENANCE SERVICES WITHIN THE CITY OF VISTA.
THIS AGREEMENT, made as of December 9, 2014 ("Agreement Date"), by and between the City of Vista, a chartered municipal corporation ("City"), and West Coast Arborists, Inc., a California corporation ("Contractor"). City and Contractor are sometimes individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. City is authorized under Vista Municipal Code Section 3.08.060 to award a contract for services under a cooperative purchasing agreement.
B. On July 1, 2014, the City of Santee awarded Contractor a contract for street tree maintenance services under a competitive bidding process.
C. Contractor has agreed to provide street tree maintenance services to the City under the same terms and conditions as provided to the City of Santee.
D. City and Contractor desire to enter into an agreement for street tree maintenance services based upon the same terms and conditions as provided to the City of Santee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows:
1. The above recitals are true and correct and incorporated herein.
2. SERVICES TO BE PROVIDED BY CONTRACTOR
(a) Contractor shall act in a professional capacity to assist the City. Contractor's work shall conform to all applicable statutes, laws, regulations, and professional standards for such work.
(b) Contractor shall provide the following goods and services to the Public Works Department as set forth in Exhibit "A", entitled "Schedule of Charges" attached hereto and incorporated herein.
3. COMPENSATION
(a) Type: City shall pay Contractor a fee calculated at the same rate incorporated in the 2014 Tree Maintenance Agreement with the City of Santee. (b) Expenses: The City shall not reimburse Contractor for any expenses incurred by Contractor in rendering services under this Agreement.
(c) Schedule:
(1) Contractor shall submit a detailed monthly itemized bill to the City as follows:
City of Vista, Public Works Department, 1165 E. Taylor Street, Vista, CA 92084-3303, Attention: Mickey Romero, Public Works Operations Manager. (2) City shall pay fees due under this Agreement within thirty (30) days of receiving such bills from Contractor. Payment of any fee or reimbursement shall not constitute a waiver by the City of any breach of any part of this Agreement.
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(d) Ceiling:
(1) In no event shall City be liable for paying more than TWO HUNDRED THIRTY SIX THOUSAND DOLLARS ($236,000.00) per year for Contractor's services rendered per this Agreement, excluding any appropriately reimbursable expenses, except as provided in this subparagraph. If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to the City will exceed the maximum permitted by this Agreement, any such cost overrun will be handled pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that the City lacks authority to exceed the cost ceiling, plus allowable change orders, if any, without the express authorization of the City Council. If the maximum cost to the City for this Agreement, including allowable change orders, if any, is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Agreement, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.
4. DISPUTES
If a dispute should arise regarding the performance of this Agreement or compensation for work performed under this Agreement, the Parties hereby agree to attempt to settle the dispute by subsequent agreement between the Contractor's principal and the respective department representative identified in Paragraph 3(c) above. In the event that a dispute continues, the principal of the Contractor and the respective department representative shall state their respective views of the dispute in a letter to the City Manager, sending copies to each other. The City Manager shall, within ten (10) days of receiving letters from both Parties, consider the facts and solutions recommended by each Party. In such cases, the action of the City Manager shall be binding upon both City and Contractor. Nothing in this procedure shall prohibit the Parties from seeking remedies available to them at law. In the event of litigation, the prevailing Party shall be entitled to reasonable attorney and other litigation expenses.
5. TERM OF AGREEMENT
(a) This Agreement shall take effect on the date first written above. This Agreement shall be in effect for a period of approximately forty three(43)consecutive calendar months beginning December 9, 2014 (the "Effective Date") and continue through June 30, 2015, inclusive, unless terminated as described below. The period from December 9, 2014, through June 30, 2015, shall be considered as Year One. The period from July 1, 2015,through June 30, 2016, shall be considered as Year Two.
The period from July 1, 2016,to June 30, 2017, shall be considered as Year Three.
The period from July 1, 2017 to June 30, 2018, shall be considered as Year Four.
This Agreement may be renewed for two (2) additional twenty-four month periods at the discretion of the City Manager.
(b) Either Party may terminate this Agreement by tendering written notice to the other Party thirty (30) days before the effective date of termination. In such event, or upon request of the City, Contractor shall assemble all City documents in the Contractor's possession and put them in order for proper filing and closing, and deliver said documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. The City shall make the final determination as to the portion of tasks completed and the compensation to be made.
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6. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling.
Contractor is not to be considered an employee of the City, nor shall any employees of Contractor be considered employees of the City, for any purpose. Contractor shall be under the direction and control of City staff only as to the results to be accomplished.
7. ASSIGNMENT AND SUBCONTRACTING
(a) Contractor shall not assign this contract, any part thereof, or any compensation due thereunder without the prior written consent of the City. (b) Contractor shall be fully responsible to the City for any acts and omissions of Contractor's subcontractors, including persons either directly or indirectly employed by subcontractors, in the event Contractor subcontracts any of the work to be performed under this contract. Contractor's responsibility under this paragraph shall be identical to Contractor's liability for acts and omissions of Contractor and employees of the Contractor. Nothing contained in this Agreement shall create any contractual relationship between City and any subcontractor of Contractor, but Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor's work, unless such change, omission, or addition is approved in advance in writing by the City Manager. All subcontractors are subject to the prior written review and approval of the City Manager.
(c) All terms, conditions, and provisions hereof shall inure to and bind each of the Parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns.
8. PAROL AGREEMENTS
Contractor agrees and understands that the Contract documents include the Notice Inviting Bids, Instructions to Bidders, Proposals, Bid Sheet, Bid Security Form, Non- Collusion Affidavits, and this Agreement. No other oral agreement or representation by an officer, agent, or employee of either Party made before, during, or after the execution of this Agreement shall become a part of this Agreement except to the extent such oral agreement or representation is expressly reflected in this written Agreement or a written amendment to this Agreement. In light of the City's right and duty to protect the public's interest and the City's legal obligation to have authority for its acts, executed oral amendments shall be subject to the provisions of Section 3 above, dealing with exceeding the cost ceiling for this Agreement.
9. INDEMNIFICATION; WAIVER OF SUBROGATION
(a) During all phases of this agreement, Contractor agrees to defend, indemnify and save harmless City, its officers, agents, and employees from and against any and all claims, demands, losses, attorneys' fees and defense costs, or liability of any kind or nature which the City, its officers, agents, and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with Contractor's performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. If Contractor maintains additional coverage or higher limits that those required within the Insurance section, then City shall be entitled to additional coverage or higher limits maintained by Contractor.
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(b) Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.
10. INSURANCE
(a) Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at all times during the performance of this Agreement the following policy or policies of insurance covering its operations:
(1) Comprehensive General Liability, including contractual liability, business automobile liability, and products and completed operations, all of which shall include coverage for both bodily injury and property damage, with limits of two million dollars per occurrence or claim, and four million dollars aggregate, or a combined single limit of four million dollars. (2) Workers' Compensation coverage at statutory limits. (3) Professional Liability in the amount of one million dollars, which may be included as part of the Comprehensive General Liability coverage. (b) Contractor's liability insurance policies (Comprehensive and Umbrella or Excess) shall contain the following clauses:
(1) "The City of Vista is named as an additional insured as respects operations of the named insured performed under contract with the City."
(2) "It is agreed that any insurance maintained by the City shall apply in excess of, and not contribute with insurance provided by this policy." (c) All insurance policies required by this Section shall contain the following clause:
"This insurance shall not be cancelled, limited or non-renewed until after thirty (30) days written notice has been given to the City." (d) Certificates of insurance evidencing the coverage's required by the clauses set forth above shall be filed with the City prior to the effective date of this Agreement.
This is a condition precedent to the formation of any obligation by the City to compensate Contractor under this Agreement.
(e) If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
11. NOTICES
Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the Party to whom the notice is directed at the address of such Party set forth below or such address as the Parties may hereinafter designate by giving notice in the manner provided for herein. Any notice given by mail will be deemed given forty-eight (48) hours after such notice is deposited in the United States mail, addressed as provided, with postage fully prepaid.
To Contractor: West Coast Arborists, Inc.
Attention: Patrick O. Mahoney
2200 E. Via Burton Street
Anaheim, CA 92806
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To City: Mickey Romero
Public Works Operations Manager
1165 E. Taylor St.
Vista, CA 92084-3303
[Continued on page 5.]
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IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed as of the Agreement Date.
"City" "Contractor"
CITY OF VISTA, a chartered municipal WEST COAST RBORISTS, INC., a corporation California cor or ti n
By: By:
JUDY RI E MAYOR Name/TITLE eS I i5�I
ATTEST:
MARCI KILIAN, CITY CLERK
BY'
NAME/TITLE: t6CA /- 1'o
APPROVED AS TO F�ITORNEY
M:
DAROLD P CIT
By:
RISK MANAGEMENT REVIEW:
DOLO M!Y
CRISK MANAGER
BY:
V— y
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EXHIBIT "A"
SCHEDULE OF CHARGES
Street Tree Maintenance Services
City of Vista
Description Unit Price in Figures
Tree Planting(Per Tree)
15 Gallon(double staked per specs+root barrier) $108 24 Inch Box(double staked per specs+root barrier) $190 36 inch Box(double staked per specs+root barrier) $500 48 inch Box(double staked per specs+root barrier) $1,000 Tree Watering(per hour)
Watering of young trees,water truck/operator per hour $60 Tree Pruning(by Grid) $44
Tree Removal(per service request)
0"-6"in diameter $17
7"-12"in diameter $17
13"-18"in diameter $17
19"-24"in diameter $17
25"-30"in diameter $17
31"-36"in diameter $17
Stump grinding per stump diameter inch at grade $7 Root Pruning-(per linear foot) $10
General Labor Rates(by hour) 1 Ground man $60
Hourly rate for 1 Equipment Operator $60
Hourly rate for Trimmer $60
Hourly rate for Municipal Specialist $60
Day Rate Service Crew-(per day) $180
Emergency Services-(per hour)3 man crew $180 After Hours,Weekends&Holidays $210
Arborists Reports-(per hour) $100
GPS Tree Inventory-(per tree site) $1
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PRIOR ACTIONS
On April 8, 2014, adopted City Council Resolution No. 2014-49, approving a Third Amendment to the Agreement with West Coast Arborists, Inc., for street tree trimming services (Vote: 5-0).
On November 8, 2011, adopted City Council Resolution No. 2011-167, approving the Agreement with West Coast Arborists, Inc., for street tree trimming services (Vote: 4-1, Lopez opposed).
On October 28, 2008, adopted City Council Resolution No. 2008-213, approving the Agreement with West Coast Arborists, Inc., for street tree trimming services (Vote: 5-0).
On January 8, 2008, adopted City Council Ordinance No. 2008-02, enacting Chapter 19.20 of the Vista Municipal Code Regarding Street Trees, Shrubs and Plants (Vote: 5-0).
On December 11, 2007, introduced City Council Ordinance No. 2008-02, enacting Chapter
19.20 of the Vista Municipal Code Regarding Street Trees, Shrubs and Plants, and adopted City Council Resolution No. 2007-234, approving the City of Vista Street Tree Master Plan (Vote: 5-0).
EXHIBIT 5
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