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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: December 9, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with West Coast Arborists, Inc. in the amount of $114,601 for a total contract amount not to exceed $637,301, and extending the term of the contract from January 1, 2009 to June 30, 2009.

Prepared by: Roger Stromgren, Landscape/Facilities Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with West Coast Arborists, Inc. in the amount of $114,601 for a total contract amount not to exceed $637,301, and extending the term of the contract from January 1, 2009 to June 30, 2009.

PREVIOUS ACTION
On March 22, 2005, by Resolution No. 2005-60, City Council authorized the City Manager to enter into a professional services agreement with MCE Corporation, Cagwin and Dorward, and West Coast Arborists, Inc. for citywide landscape and tree maintenance for the City of Brentwood and authorized the City Manager to approve necessary documents for the base bid, extra work and extensions as appropriate.

On January 30, 2007, pursuant to authority granted the City Manager under Resolution No. 2005-60, the Parties executed an Amended and Restated Contract with West Coast Arborists, Inc clarifying the March 22, 2005 contract terms.

On June 26, 2007, by Resolution 2007-150, City Council adopted the 2007/08 – 2008/09 Operating Budget.

On October 9, 2007 the Parties executed Amendment No. 1 to the Agreement to amend the Agreement’s scope of work to ratify additional work completed by Contractor from July 1, 2006 through June 30, 2007 without the benefit of a contract.

On October 12, 2007 the Parties executed Amendment No. 2 to the Agreement to amend and extend the Amended and Restated Contract with West Coast Arborists, Inc. from January 30, 2007 through December 31, 2008.

BACKGROUND
The Parks and Recreation Department conducted an extensive bid process for our landscape maintenance of City-owned facilities which include all parks, streetscapes and trees in early 2005. Through the bid process, the selection of bidders was narrowed down to three companies: MCE Corporation, Cagwin and Dorward, and West Coast Arborists, Inc. Staff made the recommendation to hire the three contractors based on their qualifications and competitive bids that were received. MCE would maintain all streetscapes and open space, Cagwin & Dorward would maintain our City parks and the downtown area, and West Coast Arborists, Inc. would maintain all City-owned trees. The new contracts started 30 days after Council approval.

Upon City Attorney review of the original agreement language in 2006, it was determined the original agreement did not include several standard agreement terms and an Amended and Restated Contract for Landscape Maintenance (the “Amended Agreement”) was prepared. The Amended Agreement was executed on January 30, 2007 pursuant to authority granted the City Manager under Resolution No. 2005-60.

Amendment No. 1 was executed to amend the contract scope of work to ratify additional work completed by West Coast Arborists, Inc. from July 1, 2006 through June 30, 2007 that was not covered under the existing contract. The additional work performed was within the approved budget and did not require a budget amendment.

The Amended Agreement for West Coast Arborists, Inc. was written for a term of 18 months beginning January 30, 2007. However, the contract price was based on the fiscal year 2006/07 (12 months). Amendment No. 2 clarified the cost breakdown of the contract and amended the agreement term to expire on December 31, 2008.

With plans of going out to bid for tree maintenance services in spring of 2009, City staff would like to extend the time frame of the existing contract from January 1, 2009 – June 30, 2009 due to the fact that peak tree pruning months usually take place during the winters months of November – February. To have a new contract begin on July 1, 2009 would simplify the accounting processes for City staff as it would coincide with the new City’s fiscal year budgets. With this extension, it would also be beneficial to allow a Contractor time to get acclimated to the City’s parks and LLDs to establish a tree maintenance schedule.

FISCAL IMPACT
The current contract amount is $522, 700 and Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance requires funding in the amount of $114,601 for the term of January 1, 2009 through June 30, 2009. The total amended contract amount will be $637,301. $89,601 of the contract is funded in the 2008/09 Operating Budget and $25,000 of the contract is funded in the 2008/09 Capital Improvement Program Budget, Tree Reforestation CIP Project No. 522-52320. No additional funding is required. West Coast Arborists, Inc. has agreed to the current contract prices until June 30, 2009.

ATTACHMENT
Resolution
Amendment No. 3

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 3 TO THE AMENDED AND RESTATED CONTRACT FOR LANDSCAPE MAINTENANCE WITH WEST COAST ARBORISTS, INC. IN THE AMOUNT OF $114,601 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $637,301, AND EXTENDING THE TERM OF THE CONTRACT FROM JANUARY 1, 2009 TO JUNE 30, 2009.

WHEREAS, on March 22, 2005 by Resolution No. 2005-60, City Council authorized the City Manager to enter into a professional services agreement with MCE Corporation, Cagwin and Dorward, and West Coast Arborists, Inc., for citywide landscape and tree maintenance for the City of Brentwood and authorized the City Manager to approve necessary documents for the base bid, extra work and extensions as appropriate; and

WHEREAS, on January 30, 2007, pursuant to authority granted the City Manager under Resolution No. 2005-60, the Parties executed the Amended and Restated Contract for Landscape Maintenance with West Coast Arborists, Inc. (the “Amended Agreement”) clarifying the March 22, 2005 contract terms; and

WHEREAS, on June 26, 2007, by Resolution 2007-150, City Council adopted the 2007/08 – 2008/09 Operating Budget; and

WHEREAS, on October 9, 2007, the Parties executed Amendment No. 1 to the Amended Agreement to amend its scope of work to ratify additional work completed by Contractor from July 1, 2006 through June 30, 2007 without the benefit of a contract; and

WHEREAS, the Amended Agreement was written for a term of 18 months beginning January 30, 2007; and

WHEREAS, the Amended Agreement’s price was based on the fiscal year 2006/07 (12 months); and

WHEREAS, Amendment No. 2 to the Amended Agreement clarifies the cost breakdown of the Amended Agreement and amended the Agreement to expire on December 31, 2008; and

WHEREAS, in order for it to be competitively bid and for work under a new contract to commence during the summer months, City Staff wishes to go out to bid in the Spring of 2009; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute Amendment No. 3 to the Amended and Restated Contract for Landscape Maintenance with West Coast Arborists, Inc. for a total contract price of $637,301 and to extend term from January 1, 2009 to June 30, 2009.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on December 9, 2008 by the following vote:

 
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