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    16.    
City Council Regular
Meeting Date: 03/09/2021  

SUBJECT:
AMENDMENT NO. 2 TO AGREEMENT A2019-203 WITH WEST COAST ARBORISTS, INC.
RECOMMENDATION:
Authorize the execution of Amendment No. 2 to Agreement A2019-203 with West Coast Arborists, Inc. (WCA) for a one-time annual contract authorization increase of $173,000 with an additional $50,000 contingency for FY 20/21 and an annual $73,000 (10%) contingency for future years resulting in a total contract not-to-exceed of $4,204,878. 
BACKGROUND/ANALYSIS:
On October 8, 2019, the City Council approved an agreement with WCA to provide Urban Forestry Management for an annual amount not to exceed $652,700. On October 13, 2020, the City Council approved Amendment No. 1 to Agreement 2019-203, increasing the annual not-to-exceed amount for tree maintenance from $652,700 to $730,497. Amendment No. 1 also included a one-time increase of $188,190 for tree removal work for two grant-funded nature park projects, increasing the Fiscal Year 2020-21 not-to-exceed amount to $918,687.  

On October 26, 2020, the City was ravaged by windstorms of over 75 miles per hour. Staff responded to nearly 140 emergency tree requests removing City trees and debris from roads, parks, and residential properties.  After the emergency requests were completed, the City’s tree maintenance contractor, WCA, concentrated their efforts on saving trees; providing extra crews to trim damaged trees, and removing those beyond saving.  The work totaled over $173,000.  The costs incurred for the emergency work exceeded normal tree maintenance and were not anticipated in the annual contract authorization.

On February 9, 2021, as part of the second quarter budget review process, the City Council approved $173,000 for the emergency tree work related to the October windstorms. Amendment No. 2 will provide contract authority to continue tree work for the remainder of the fiscal year as the October emergency drained the annual authority of the contract, leaving a minimum balance for on-going tree maintenance. Amendment No. 2 also requests a non-funded contingency amount of $50,000 for fiscal year 2020-21 and $73,000 (10%) for the following fiscal years. The contingency will allow staff to respond to future urgent tree issues should they occur when the maintenance authority is depleted.

This amendment will increase the contract by $173,000 from $918,687 to $1,091,687, increasing the total five-year authorization to $3,935,878. The $50,000 contingency for Fiscal Year 2020-21 plus $73,000 contingency per year for the following 3 years, if activated, will increase the contract amount by an additional $269,000 for a maximum contract authority of $4,204,878. The annual contingency is not a budgeted item and is not a commitment to spend, rather it is a contract authority provided that budget exists. 
 
ENVIRONMENTAL (CEQA) REVIEW:
The proposed project is categorically exempt from the requirements of CEQA pursuant to Title 14 California Code of Regulations §§15301 (h) as a Class 1 categorical exemption (Existing Landscape). This project involves maintenance of existing trees and is not anticipated to have any significant impacts with regards to traffic, noise, air quality, or water quality.
FISCAL IMPACT:
There is sufficient funding in the Streets and Parks and Landscape operating budgets to cover the Fiscal Year 2020-21 cost of this amendment. The annual contingency is not a budgeted item as it is not a commitment to spend, rather it is a contract authority provided that budget exists. All future agreement costs will be budgeted for in the appropriate fiscal year.
REVIEWED BY OTHERS:
This agenda item has been reviewed by the Finance Director.
Attachments
Amendment No. 1 A2019-203 WCA

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