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AGENDA BILL Agenda Item No. 5(E) Date: August 19, 2014 To: El Cerrito City Council From: Stephen Prée, Environmental Programs Manager/City Arborist Garth Schultz, Operations + Environmental Services Manager Yvetteh Ortiz, Public Works Director/City Engineer Subject: Agreement with West Coast Arborists, Inc. for Tree Pruning and Removal Services ACTION REQUESTED Adopt a resolution authorizing the City Manager to execute an Agreement (Attachment 2) with West Coast Arborists, Inc in an amount not to exceed $100,000 for tree pruning and removal services, effective July 1, 2014 through June 30, 2015. BACKGROUND AND ANALYSIS The City of El Cerrito (the City) is responsible for maintaining approximately 10,000 trees on streets, in parks and on City properties. In the spring of 2013, each tree was inspected and assessed for maintenance needs by Davey Resources Group as a component of the Cal Fire/US Forest Service grant funded tree inventory. The assessment classified 684 of the trees as requiring priority pruning or removal work and 9,269 additional trees in need of routine pruning. On November 19, 2013, the Council approved a tree pruning and removal agreement with West Coast Arborists, Inc. (WCA) in an amount not to exceed $100,000 (Resolution No. 2013-62). El Cerrito’s agreement with WCA was derived from a competitive bid process conducted by the City of Union City in 2013; WCA extended this same pricing to the City of El Cerrito as a “piggy back” to Union City’s agreement. WCA is a California-based company that has been in business since 1972. WCA maintains trees in the Bay Area cities of Alameda, Atherton, Berkeley, Concord, Dublin, Palo Alto, Pleasanton, Menlo Park, Milpitas, Sunnyvale Union City and others. WCA has successfully provided the City with tree pruning and removal services since 2011 when they acquired the previous City tree service provider and assumed their existing time and materials contract. In Fiscal Year (FY) 2013-2014, WCA pruned and maintained 1,140 City trees including about 50% of the trees in pruning Zone One, much of the San Pablo Avenue commercial corridor, and nearly all of the highest priority trees identified in 2013 by Davey Resources Group, at about half the per tree cost previously incurred by the City ($87 per tree in FY 2013-2014 vs. $162 - $201 per tree in prior years). This reduction in per tree cost was made possible by utilizing a grid pruning approach to street tree maintenance. ---PAGE BREAK--- Agenda Item No. 5(E) Page 2 Grid pruning is the most cost effective near and long-term pruning management strategy for City tree maintenance because every tree in a given maintenance area is pruned in each pruning cycle. When each tree, small or large, is inspected and structurally pruned on a regular cycle, maintenance costs are reduced due to efficiencies in mobilization and scheduling and service tracking; both preventative and reactive maintenance are performed in one operation and the need for future priority pruning is minimized. The need for regular City tree maintenance is ongoing as evidenced by the high number of City tree-related service requests the City receives each year. The City received over 200 requests for tree pruning and maintenance in calendar year 2013. These requests represent a fraction of the trees that have not historically received the regular periodic pruning that a full-grid pruning program cycle would provide. Certain tree species require more frequent pruning than others and sometimes exhibit dangerous limb failure when maintenance is delayed, other trees that have not received adequate structural pruning when young are now failing. Historically, the City has planned to maintain its 10,000 trees on a four-year pruning rotation cycle (Attachment which requires approximately 2,500 trees to be pruned annually. At the competitive pricing secured with WCA, it would cost approximately $220,000 per year to stay on track with a four-year pruning rotation (or $175,000 per year if a five year pruning cycle were implemented). However, given the FY 2015-16 deficit projected in the City’s Landscaping and Lighting Assessment District Fund, which has historically funded the entirety of tree pruning and maintenance expenses, and given that there are no other financial resources presently identified to fund additional tree pruning and maintenance expenses, $100,000 is the maximum amount of tree maintenance expenses that the City can afford in FY 2014-15. Funding tree pruning and maintenance services at this level will allow the City to continue to address hazardous tree conditions, respond to new priority tree pruning needs as identified by staff or requested by the community, and complete grid pruning efforts in tree maintenance Zone One. Although the most urgent tree needs will be met, the current level of funding is not sufficient to promote and maintain the health and benefits derived from all of the City’s trees. Additional funding will need to be identified if the City is to maintain all City trees on a four to five year cycle which is the industry standard. Given the current uncertainty about what level of financial resources will be available for tree pruning and maintenance services after the present fiscal year, staff plans to continue tree pruning and maintenance work in order of the established tree maintenance zones currently in place. However, it should be noted that there is currently a one year delay such that the City will complete Zone One in Fall 2014 and will plan to start Zone Two in the subsequent year. Staff plans to make necessary adjustments to the rotation cycle (i.e. from a four year cycle to five years or more) once more is known about what resources will be available for these activities in future years. STRATEGIC PLAN CONSIDERATIONS Approval of the proposed Amendment to the Tree Pruning Contract with WCA would help fulfill the following City of El Cerrito Strategic Plan goals: ---PAGE BREAK--- Agenda Item No. 5(E) • Goal A: Deliver exemplary. government services with the strategy of increased productivity and efficiency by utilizing data driven analysis to ensure appropriate resources allocation. Grid pruning is an excellent example of this. • Goal E: Ensure the public's health and safety by minimizing tree hazards. ENVIRONMENTAL CONSIDERATIONS Healthy city trees contribute aesthetically, add to property values and contribute to the environment by sequestering carbon, retaining stormwater and improving air quality. Fossil fuels are used during tree service, however, vehicle miles are significantly reduced because each tree in a given block is pruned in the same rotation. The City utilizes the chipped trees as landscape mulch which is also available to the public; wood chip mulch builds healthier soils and suppresses weeds. WCA provides supervisors with hybrid cars and the company repurposes some of the lumber from tree removal (see benches at City Hall 2nd floor elevator and Recycling+ Environmental Resource Center lobby). FINANCIAL CONSIDERATIONS WCA's bid was the most cost competitive compared to the other bids received and reviewed by the City of Union City, as discussed above. Funding of $100,000 is available in the City's Adopted FY 2014-15 Budget in allocations from the Landscape and Lighting Assessment District Fund in the amount of $25,000 and the General Fund in the amount of $75,000 for Landscape Maintenance Services. LEGAL CONSIDERATIONS The City Attorney has reviewed proposed actions and found that legal considerations have been addressed. The final Agreement will be substantially in the form attached and approved by the City Attorney. Scott Hanin, City Manager Attachments: 1. Accompanying Resolution 2. Draft FY 2014-2015 Tree Pruning and Removal Agreement with WCA 3. El Cerrito's Tree Trimming Rotational Map Page 3 ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 Page 1 RESOLUTION 2014-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE PRUNING AND REMOVAL SERVICES FOR FISCAL YEAR 2014-2015 WHEREAS, the City of El Cerrito is responsible for maintaining approximately 10,000 trees on streets, in parks, and at City facilities; and WHEREAS, all of these trees require regular pruning and maintenance in order to prevent and mitigate hazards and promote the healthy lives of the trees; and WHEREAS, in Fiscal Year (FY) 2014-15, the City entered into tree pruning and removal agreement with West Coast Arborists, Inc. (WCA) based on the results of Union City’s public bidding process, and Union City’s subsequent agreement with WCA; and WHEREAS, WCA pruned 1,140 El Cerrito trees in FY 2013-14, at an average cost of approximately $87 per tree, nearly half the average cost per tree in the preceding year; and WHEREAS, this reduction in per tree expenses is attributable to the competitiveness of WCA’s Union City “piggy back” pricing secured in FY 2013-14 by the City, and a cost effective grid pruning approach, wherein every tree in a given maintenance area is pruned, thereby reducing per tree mobilization and administration costs; and WHEREAS, approximately 8,860 public El Cerrito trees remain to be pruned in order to maintain the health and safety of all of El Cerrito’s trees; and WHEREAS, the City’s current tree trimming rotation is set to occur every four years, based on established best management practices for tree pruning and maintenance; and WHEREAS, pruning all 10,000 public El Cerrito trees every four years (2,500 trees per year) would cost approximately $220,000 annually; and WHEREAS, per the City’s FY 2014-15 Adopted Budget, the Landscape and Lighting Assessment District (LLAD) Fund – which has historically funded the entirety of tree pruning and maintenance expenses is projected to have a deficit starting in FY 2015-2016, assuming that LLAD provided services remain as they are today; and ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 Page 2 WHEREAS, currently there is significant uncertainty about what level of financial resources will be available for tree pruning and maintenance services after the present fiscal year; and WHEREAS, City maintenance budgets can only bear up to $100,000 in tree pruning and maintenance costs in the current Fiscal Year; and WHEREAS, extending the Agreement with WCA will allow the City to continue to address priority tree pruning and removal needs in the current Fiscal Year; and WHEREAS, funding of $100,000 is available in the City’s Adopted FY 2014-15 Budget in allocations from the Landscape and Lighting Assessment District Fund in the amount of $25,000 and the General Fund in the amount of $75,000 for Landscape Maintenance Services. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of El Cerrito, that it hereby authorizes the City Manager to execute an agreement with West Coast Arborists Inc. for tree pruning and removal services from July 1, 2014 through June 30, 2015, in an amount not to exceed $100,000. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon its passage and adoption. I CERTIFY that at a regular meeting on August 19, 2014 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on August XX, 2014. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor ---PAGE BREAK--- City of El Cerrito 2014-15 Tree Pruning & Removal Agreement 1 City of El Cerrito 10890 San Pablo Avenue El Cerrito, California 94530 TREE PRUNING & REMOVAL AGREEMENT The City of El Cerrito, (“City”) enters into this agreement, dated for reference purposes only, with West Coast Arborists, Inc. (“Contractor”). AGREEMENT TERMS The City and the Contractor agree as follows: 1. THE WORK. The Contractor shall furnish all equipment, tools, apparatus, facilities, material labor, and skill necessary to perform and complete in a good and workmanlike manner Pruning and Removal of hazardous or priority trees City trees as directed by City Arborist. 2. LOCATION OF WORK. The Work will be performed in El Cerrito as directed by the City Arborist. 3. TIME FOR COMPLETION. The Contractor must complete the Work in accordance with the Contract Documents and as agreed upon with the City’s Arborist, by June 30, 2015. 4. REMEDIES FOR FAILURE TO TIMELY COMPLETE THE WORK. If the Contractor fails to fully perform the Work in accordance with the Contract Documents by the Time for Completion, as such time may be amended by change order or other modification to this agreement in accordance with its terms, and/or if the Contractor fails, by the Time for Completion, to fully perform all of the Contractor’s obligations under this agreement that have accrued by the Time for Completion, the Contractor will become liable to the City for all resulting loss and damage in accordance with the Contract Documents and applicable law. The City’s remedies for the Contractor’s failure to perform include, but are not limited to, assessment of liquidated damages of $300 per day in accordance with California Government Code Section 53069.85 and the Contract Documents, and/or obtaining or providing for substitute performance in accordance with the Contract Documents. 5. CONTRACT PRICE AND PAYMENT. As full compensation in consideration of completion of the Work in accordance with the Contract Documents and in Agenda Item No. 5(E) Attachment 2 ---PAGE BREAK--- City of El Cerrito 2014-15 Tree Pruning & Removal Agreement 2 consideration of the fulfillment of all of the Contractor’s obligations under the Contract Documents, the City will pay the Contractor an amount not to exceed one hundred thousand dollars ($100,000). Payment to the Contractor under this agreement will be for Work actually performed in accordance with the Contract Documents and will be made in accordance with the requirements of the Contract Documents and applicable law. Payment to the Contractor under this agreement will furthermore be for Work actually performed at the unit costs specified below: Grid Pruning All trees in grid section Structural Pruning $64 each Single Tree Pruning 14.1” – 25” DBH (Diameter at Breast Height) Medium Tree Structural Pruning $80 each 25” – 36” DBH Large Tree Structural Pruning $175 each Tree Removals 14.1” – 25” DBH Medium Tree Removal $150 each 25” and larger DBH Large Tree Removal $750 each Stump Removals 14.1” – 25” DBH Medium Stump Removal $50 each 25” – 36” DBH Large Stump Removal $190 each 36” and larger DBH Very Large Stump Removal $225 each Tree Planted 15 gallon size (tree furnished by City) $125 each 15 gallon size (tree furnished by contractor) $ 50 each 24” box size (tree furnished by City) $190 each 24” box size (tree furnished by contractor) $ 285 each Additional Services – Work Time and Materials Emergency Call out – Two Persons per hour $160/hour Crew Rental – One Person per hour $60/hour The City will have no obligation to pay the Contractor any amount in excess of the Contract Price unless this agreement is first modified in accordance with its terms. The City’s obligation to pay the Contractor under this agreement is subject to and may be offset by charges that may apply to the Contractor under this agreement. Such charges include but are not limited to, charges for liquidated damages and/or substitute performance in accordance with the Contract Documents. 6. PREVAILING WAGES. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed ---PAGE BREAK--- City of El Cerrito 2014-15 Tree Pruning & Removal Agreement 3 as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work. 7. INSURANCE. Contractor shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, public liability, property damage, owned and non-owned and hired automobile and liability, insurance coverage relating to services of Contractor, its agents, representatives, employees or subcontractors to be performed hereunder covering City’s risks in form subject to the approval of the City Attorney. The cost of such insurance shall be included in Contractor’s bid. The minimum amounts of coverage corresponding to the aforesaid category of insurance per insurable event, shall be as follows: Insurance Category Minimum Limits Workers’ Compensation Statutory minimum, as required of under the Labor Code of the State of California Public Liability $1,000,000 per occurrence Property Damage $1,000,000 per occurrence Commercial General $1,000,000 per occurrence Liability and $2,000,000 aggregate for bodily injury, personal injury and property damage. Automobile Liability $1,000,000 per accident, $2,000,000 aggregate for bodily injury and property damage (coverage required to the extent applicable to Contractor’s vehicle usage in performing services hereunder). ---PAGE BREAK--- City of El Cerrito 2014-15 Tree Pruning & Removal Agreement 4 The following coverages or endorsements must be indicated on the certificate provided to the City: A. The City, its directors, officers and employees are additional insureds in the policy as to the work being performed; regards to Company’s negligence; B. The coverage is primary to any other insurance carried by the City; C. Thirty (30) days prior written notice shall be given to the City in the event of cancellation or non-renewal of the policy. 8. THE CONTRACT DOCUMENTS. This agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made a part of this agreement as if set forth in full. These documents may be originals, or copies where applicable. A. This agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor. B. The Contractor’s completed Contractor License Information. C. The Contractor’s completed List of Proposed Subcontractors. D. The Contractor’s Workers Compensation Insurance Certification. E. The Contractor’s completed Certificates of Insurance and Endorsement. F. The Contractor’s completed City of El Cerrito Business License. G. The Contractor’s letter offering the City the same competitively bid pricing offered to the City of Union City in that City’s Agreement for City Project No. 12-15. H. Standards. All trees shall be pruned according to the most current editions of the following benchmark standards for tree pruning: a. American National Standards Institute (ANSI ) A3000 Pruning Standards. b. ANSI Z133.1 Safety Standards. c. ISA Best Management Practices: Tree Pruning I. Pruning Objectives, Goals & Terms a. Improve structural strength and reduce failure potential b. Improve safety and security for residents and visitors c. Provide clearance for vehicles, pedestrians and structures d. Repair structural damage e. See Exhibit to this Agreement – Pruning Goals and Terms. 9. ASSIGNMENT PROHIBITED. The Contractor may not assign part or all of this agreement, or any moneys due or to become under this agreement, or any other right or interest of the Contractor under this agreement, or delegate any obligation or duty of the Contractor under this agreement without the prior written approval of an official authorized to bind the City and an authorized representative of Contractor’s surety or sureties. Any such purported assignment ---PAGE BREAK--- City of El Cerrito 2014-15 Tree Pruning & Removal Agreement 5 or delegation without such written approval on behalf of the City and the Contractor’s sureties will be void and a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 10. CERTIFICATION RE CONTRACTOR’S LICENSE. By signing this Agreement the Contractor certifies that the Contractor holds a valid Type A license issued by the California State Contractors Licensing Board, and that the Contractor understands that failure to maintain its license in good standing throughout the performance of the Work may result in discipline and/or other penalties pursuant to the California Business and Professions Code, and may constitute a material breach of this agreement subject to all available remedies under this agreement and at law and equity. 11. NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contracts Code section 9201, the City shall provide the Contractor with notice of claims relating to this Contract filed by third parties no later than ten (10) business days from the date of receipt of the claim. The Contractor shall be responsible for reimbursing the City for its reasonable costs in providing the notification. 12. SEVERABILITY. If any term or provision or portion of a term or provision of this Agreement is declared invalid or unenforceable by any court of lawful jurisdiction, then the remaining terms and provisions or portions of terms or provisions will not be affected thereby and will remain in full force and effect. 13. TERMINATION. In the event that either Party fails to perform its obligations under this Agreement, the other Party may, after thirty (30) days written notice and opportunity to correct, terminate this Agreement. ---PAGE BREAK--- City of El Cerrito 2014-15 Tree Pruning & Removal Agreement 6 Executed on by CONTRACTOR APPROVED AS TO FORM: West Coast Arborists, Inc. City Attorney By: CITY OF EL CERRITO, a Municipal Corporation Title: By: Scott Hanin Title: City Manager ATTEST: By: Cheryl Morse, City Clerk Date: ---PAGE BREAK--- ' I Tree Care Prifessionals Serving Communities Who Care About Trees August 4, 2014 City of El Cerrito ATTN: Stephen Pree 10890 San Pablo Avenue El Cerrito, CA 94530 RE: TREE MAINTENANCE AGREEMENT Dear Mr. Pree, www.WCAINC.com West Coast Arborists, Inc. (WCA) appreciates the work that you and your staff have provided during the past to help make the tree maintenance program a success for the residents of El Cerrito. We are proud to have created a successful partnership in the care of your urban forest. In an effort to promote stability, and to guarantee citizens with quality tree care & customer service for years to come, we would like to express our interest in entering into a new contract under the "piggyback" approach. In 2013, the City of Union City conducted a formal request for bid for tree maintenance & management services and WCA was ultimately awarded a contract. WCA agrees to provide such services to El Cerrito for FY 2014-2015 consistent with Union City's price schedule with the following clarifications: 1) At no cost to the City, WCA will provide access to our tree inventory program called ArborAccess with unlimited software support & training while under contract (valued at $3,600 annually.) 2) Both parties agree that the new Agreement will contain a provision that allows either party to terminate the contract upon 30-day written notification. We appreciate your ongoing efforts to make this Agreement a success for both the City and WCA and look forward to continuing our successful business relationship. Should you have any questions, or require additional information please do not hesitate to contact me at (800) 521-3714. Patrick tMahoney President West Coast Arborists, Inc. 2200 E. Via Burton Street • Anaheim, CA 92806 • [PHONE REDACTED] • [PHONE REDACTED] • Fax 714.956.37 45 ---PAGE BREAK--- EXHIBIT TO WEST COAST ARBORITS TREE PRUNING AND REMOVAL AGREEMENT PRUNING GOALS A. Pruning Standards - All pruning cuts and operations are to be in accordance with ANSI A300 Pruning Standards. B. Pruning Wound Size - Average pruning cut size is 1 ½ inch and no larger than 3 inches without City Arborist approval. C. Pruning Locations - Pruning will be confined to lateral stems unless otherwise noted. The goal of this pruning is to reduce branch end-weight through a number of small pruning cuts. D. Water sprout Removal - Pruning will remove all small growth up to a height of 12 feet. E. Provide Clearances - Pruning will provide 15 ft clearance over the street, 8 ft over sidewalk, 10 ft from residences and street light clearance. Visual corridors to street signs are to be clear of obstruction. F. Report Unsafe Conditions - Personnel performing the pruning are expected to report any additional needs and provide any necessary pruning deemed necessary to assure tree safe. This includes pruning of decayed stems, included bark attachments or any additional stems that require safety pruning. PRUNING TERMS G. Branch End-Weight Reduction: Most trees require end weight reduction on heavy lateral stems. This treatment entails the reduction in lateral weight by the use of numerous pruning cuts averaging 1 ½ inches and up to 3 inches in diameter. H. Crown Reduction Pruning: Crown reduction pruning, as defined in ANSI A300 guidelines, is designated for trees deemed to have excessive decay or weak attachments. The size of a crown reduction pruning cut can be larger than the 3 inch maximum due to the given location of a suitable stem to cut back to. Three trees were noted for crown reduction pruning and a qualified arborist must be available to consult during this pruning procedure. I. Structural Pruning: Structural pruning is designated for young and structurally defective trees and must address codominance, included bark attachments, unbalanced lateral stems and limbs weakened by decay. Codominance and included bark attachments require that one of the two stems be reduced ---PAGE BREAK--- significantly by thinning and/or stem reduction pruning. Structural pruning is also used for crown restoration after a significant stem failure has occurred. J. Clearance Pruning: This refers to pruning needed to provide street clearance, sidewalk clearance, stop sign visibility, street light, and clearance from structures. K. Deadwood Removal: All dead stems greater than ½ inch in diameter are to be removed. ---PAGE BREAK--- Tree Trimming Rotational Map Four Year Pruning Cycle to Occur Each Fall of Each Listed Year Zone Four Fall 2016 Zone Three Fall 2015 Zone Two Fall 2014 Zone One Fall 2013 Revised Schedule Dated August 11, 2014: Zone One scheduled for grid pruning completion in Fall / Winter 2014-2015. Zone Two currently scheduled for grid pruning Fall / Winter 2015-2016. Zones Three and Four currently projected to receive pruning in 2017-2019, depending on future budget allocations for tree maintenance expenses. Agenda Item No. 5(E) Attachment 3