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5 - Tree Pruning and Removal Project.~owN o,~ MEETING DATE: 06/21/10 ITEM NO. ~ "'~" s COUNCIL AGENDA REPORT ~S GAO DATE: JUNE 3, .2010 T0: MAYOR AND TOWN COUNCIL -~%~~,ll FROM: GREG CARSON, TOWN MANAGER ~2~~ SUBJECT: PPW JOB NO. A10-010 -TREE PRUNING AND REMOVAL PROJECT AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT ~TO THE TREE PRUNING AND REMOVAL CONTRACT WITH TRUGREEN LANDCARE FOR THE PERIOD OF ONE YEAR IN AN AMOUNT NOT TO EXCEED $100,000. RECOMMENDATION: Authorize t11e Town Mallagerto execute an Amendment to the Tree Pruning and Removal Contract with TruGreen Landcare for the period of one year in an amount not to exceed $100,000. BACKGROUND: The adopted FY 2010/11 Operating Budget designates funding~for Tree Trimming. ,The Department of Parlcs and Public Worlcs has $100,000 in available funding with which to perform contractual tree trimming work and associated services. For FY 2009/10 tree trimmming work was originally planned for five specific areas of Town; however, due to favorable pricing, the Town was able to accomplish nearly twice the amount of tree, trimming work for the same amount of funding. Staff has reviewed the vendor's performance and has determined that it would benefit the Town to continue tree pruning services from this vendor for FY 2010/11. DISCUSSION: At the regular Town Council meeting held December 21, 2009, the Town Council awarded a contract to TruGreen Landcare for annual Tree Pruning and Removal (Attachment 3). The formal bid process for contracts over $100,000 requires staff to advertise plans and specifications and solicit bids from a minimum of three contractors. Prior to the award of the original contract (Attachment 3), bids for work were solicited and five bids received on December 2, .2009. The bid summary is attached for review (Attachment 4). ~.. PREPARED BY: TODD CAPURSO ~~, Director of Parks and Public Worlcs Reviewed 1by: Assistant Town Manager ~~wn Attorney .~~~.,W~,~~'u.,..m^w~.m,p.-'F~.N~:'...2,~,'..,yp,~,.~.N.~-m~.-.~.1~,.W .Clerk Administrator finance Community Development N:\PPW\MANAG'EMENT\COLTNCIL\COiJNCIL REPORTS\2010 Reports\June 21\Tree.Pruning.contract.amend.doc PAGE 2 JUNE 3, 2010 MAYOR AND TOWN COUNCIL SUBJECT: PROJECT A10-010 -TREE PRUNING AND REMOVAL PROJECT DISCUSSION (cont'd): As part of the December 2009 bid process, staff required each contractor to provide unit pricing that could be used to fund additional tree trimming work. Based on the December 2009 bid process and results, the Town has the ability to continue to utilize TruGreen Landcare services at the same pricing levels per the vendor proposal dated June 7, 2010 (Attaclunent 2). The lowest bid received during the bid process described above was from TruGreen Landcare, Not only was TruGreen Landcare's bid significantly below the original staff estimate, it was $30,100 below the next closest vendor bid. This significant difference in contract pricing provides the Town the opportunity to perform additional tree trimming in parks throughout Town as well as along Los Gatos Boulevard, including the median islands between Nino and Larlc Avenue. The contract extension will also allow for unanticipated emergency work during winter months ahead. CONCLUSION: In addition to the favorable unit pricing, TruGreen Landcare has a successful work history with the Town of Los Gatos as well as neighboring public agencies. Staff therefore recommends the Town Council authorize the Town Manager to execute an Amendment to the Tree Pruning and Removal Contract (Attachment 1) with TruGreen Landcare for a period of one year in an amount not to exceed $100,000. ENVIRONMENTAL ASSESSMENTS: This is not a project defined under CEQA, and no further action is required. rISCAL IMPACT: There are also sufficient funds available in the Street & Signal Program operation budget to satisfy the proposed contract. Attachments: 1. Amendment to t11e Tree Pruning and Removal Contract 2. Proposal dated June 7 2010 3. Original Contract dated January 13, 2010, awarded by Council December 21, 2009 4. Bid Summary dated December 2009 ATTACHMENT 1 AMENDMENT TO CONTRACT This AMENDMENT TO CONTRACT is entered into this the = day of , 2010, by and between the Town of Los Gatos,, herein called "Town," and TruGreen Landcare, herein called "[Contractor]." RECITALS A. Town and Contractor entered into a Contract for Tree Pruning and Removal services on ' January 13, 2010 (Contract), a copy of which is .attached hereto as (Attachment 3) and incorporated herein by reference. AMENDMENT 1. The Contract is hereby amended to extend the agreement for a period of one year from July 1, 2010 through June 3 0, 2011. 2. All other terms and conditions of the Contract dated January 13, 2010 remain in full force and effect. IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment to the Tree Pruning and Removal Contract as of the date indicated above. TOWN OF LOS GATOS, by: Greg Larson, Town Manager TRUGREEN LANDCARE, by: (Signature) RECOMMENDED BY: (Print Name) Todd Capurso Director of Parlcs and Public Works APPROVED AS TO FORM: (Address) (City, State, Zip) Michael Martello, Interim Town Attorney (Contractor's License Number) ATTEST: Jackie Rose Clerlc Administrator TRUGR~~ t,a~dCare' ATTACHMENT 2 xreen LandCare L.L.C. I'airfield Branch #61G4, 393 Watt Dr. Ste B Fairfield, CA, 94534 Phone; 707-864-5594 Fax: 707-864-5999 Steve Regan June 7-207:0 Town of Los Gatos Re: Contract Renewal Dear Steve, This is to confirm that TruGreen LandCare is committing to the renewal our contract for Tree Pruning and Removal with the Town of Los Gatos with no increase in rates from our previous proposal dated December 21., 2009. We appreciate your business and look forward to serving. you in the coming year. Sincerely, I Phil Lundy Northern California Region N.Ianager TruGreen LandCare ATTACHMENT 3 ~ p1~R ~ N`I t::i~~a~.K , _:..,.... ~GkZ + ~.......I.. ~t~~ ~ I ~ COle1~TRACT ~ ~~~r-~°~'",~.~`~~........ -~ THIS AGREIJMENT is between the Town of I,os Gatos (hereinafter refer7ed t~s'"' weer" ~,.,~,--~~•~ and TrnGreen LarzdCare (hereinafter referredto as "Contractor"). Owner and C~o~~~ia~tor'` fo tl e consideration hereinafter named, agree as follows, A. SCOPE OF WORK Contractor shall furnish all materials and perform-all of the work for the construction. of Project# A-09-2'6 -Tree Pruning Ind Removal in accordance with the Contract Documents. B. CONTRACT PRICE As full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract, also for all loss or damage arising out of the nature of the wodc aforesaid, or from the actions of the elements, or from azly unforeseen difficulties or obstructions which.may arise or be encountered in the prosecution of the work Lzntil its acceptance by Owner, and for all risks of every description connected with the Worlc, also for alI expenses incuz7ed by or in consequence of the suspension or discontinuance of work, and for well and faithfully completizlg the Worlc, and the whole thereof, in the manner and according to the Contract Documents, Owner shall pay (fifty-one-thousand seven-huzldred and sixty dollars)., $51,760, which shall supersede any other amount specified in the Contract Docuuments. C. CONTRACT DOCUMENTS All rights and obligations of Owner and Contractor are fully set forth and described in the Contract Documents. All parts of the Contract Docurrients are intended to be correlated so that any wodc called for in one part and not mentioned in the other, or vice versa, is to be executed the same as if mentioneel in all:said documents. D. BEGINNING OF WORK Following the execution of this Contract and t11e approval of bonds and insurazace policies and certificates, Owner shall issue a Notice to Proceed with the Work. Commencing wodc or the entrance of equipment or zr~aterials on the -site of the Work by Contractor before receipt of the Notice to P~°oceed is at the sole risk and expense of Contractor, and the Contractor shall be fully liable for any damage or injiuy:sustained by Owner or third persons resulting therefrom, E. TIME OF COMPLETION The Work called for 1lereiz~ shall be fully completed by June 30, 2010. ~. C0~2StECTZ01~ OX+"VV~0~2T~ ArTE~.2. ACCEPTANCE ANb FINAL PA~'MEl~1~T T3'Y TO'PVN Contractor shall remedy any defects dare to faulty materials and/or• worlanansl~ip and pay for ar~y damages to other work ar~.d/or e~cisting facilities resulting therefrom which shall appear' within a period of l year from the date of recording of the Nottce of Cor~zplettor~• WZTN~SS ~7JPiLR)~OF, the parties hereto have e~ecutedtlais Agr'eernent as of ~~~'day of • v '~~ • TO'VVN OF LOS G.ATOS, hy: TIt'(JG~EN LANDCA1;tE, by: Greg Larson, Town Manager !r~ ,.... (SignatLU•e) ' X2ECOlY1MENDED $Y': Todd Captuso Director of 1'arlcs and Public Worlcs . AP~'Tt0'VED AS TO F012M: Orzy P. Korb, Town Atlorrzey ATTEST: 1 ~ t ~~ Taclci Rose Merl Administrator (Print Narne) • (Address) ~~0~1r-~(~~ C/YC ~~IS~LI (City; State, Zip) - (Contractor's License Ntiunber) N N D 0 U 1- d U. o ro ~ ~ o U o V. d' v o ~ N ° v rn 0 ro o ~ 0 i ~ d ~ (V ~ cr W » V- O ' N~ r (6 cf' O . r ~ N M Q 0 N X 0 U T :cr: ~, '~ V 'V' (O ~O oO M O O O N O d m 0 N : ~'!! 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' C N Q lU N T "O "O ._ 'O ._ m > ~ ~ ~ 0 O ~ ~ ~ . ~ ~ ~ C O N N l6 Q ~ f- 'b C ~ Y L L U N ' J. ~ ° 'z U ~ Z Z ~ ~ o ~ ° ~ ~ E E E ~ '~ ~' Q ~ ' ' t3 ~ ~ ;ca N l ~ N m N m N m N m N m ~ Q N O N N N V 2 ~ d ~ N °1 ~ ~ o ~ •N , h X41 • t L L L L L ~ E O ~ E O m E O i a a i a i O p . N y ~ ;'~ ~- N M V ~O N N M V ~O (D ~ .r.. H E~ W H I [- ~ .a ATTACHMENT 4 Tl1is Page Intentionally Left Blanlc