Item 12 - Tree Maintenance
PREPARED BY: Steve Regan
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/20/2019 ITEM NO: 12
DATE: August 7, 2019
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the
Agreement for Services with Brightview Tree Care Services, Inc. to provide for
an additional $100,000 for FY 2019/20
RECOMMENDATION:
Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with
Brightview Tree Care Services, Inc. to provide for an additional $100,000 for FY 2019/20
(Attachment 1).
BACKGROUND:
The Town of Los Gatos utilizes contractual tree trimming and removal services to maintain the
urban forest. On June 5, 2018, the Town Council authorized the Town Manager to execute a
five-year Agreement for Services with BrightView Tree Care Services, Inc. for tree trimming and
maintenance services (Attachment 2). The original agreement included $100,000 for year two
of the agreement (Fiscal Year 2019/20), plus consumer price index adjustments.
DISCUSSION:
On May 21, 2019 Town Council approved the FY 2019/20 Operating and Capital Budget. Base
funding for tree trimming and maintenance services were allocated in the Streets and Signal
Program in the amount of $100,000. An additional one-time funding of $100,000 was approved
by Council, increasing the annual compensation for tree trimming and maintenance services to
$200,000 for FY 2019/20. With the threat of the fire season upon us, staff will concentrate the
additional tree trimming efforts on the removal of a number of dead trees in median islands,
along trails, and in residential areas that were identified in last year’s update to the Town’s tree
inventory system.
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to provide for an additional $100,000 for FY 2019/20 DATE: August 7, 2019
CONCLUSION:
Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with
Brightview Tree Care Services, Inc. to provide for the Council approved one-time addition of
$100,000 for FY 2019/20.
FISCAL IMPACT:
The Adopted FY 2019/20 Operating Budget includes $200,000 for tree maintenance. This action
will have no additional fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. First Amendment to Agreement for Services
2. Agreement for Services
ATTACHMENT 1 1
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT is dated for identification this 20th day of August
2019 and amends that certain Agreement for Services dated June 5, 2018, made by and between
the Town of Los Gatos, ("Town,") and BrightView Tree Care Services Inc. (“Service Provider”).
RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 5, 2018,
(“Agreement”), a copy of which is attached hereto and incorporated by reference as
Attachment 1 to this Amendment.
B. Town desires to amend the Agreement for Services to provide additional funds for FY
2019/20.
AMENDMENT
1. 2.6 Compensation shall read: Compensation for the first year shall not exceed $247,000,
inclusive of all costs. Payment shall be based upon Town approval of each task.
Compensation for year two of this agreement shall not exceed $200,000 and shall be
adjusted upward annually for the remaining term of this agreement by the change, if any,
in the San Francisco – Oakland – San Jose Metropolitan Area Consumer Price Index for All
Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published
on December 31 of the preceding year.
Compensation for years three through five of this agreement shall not exceed $100,000
annually and shall be adjusted upward annually for the remaining term of this agreement
by the change, if any, in the San Francisco – Oakland – San Jose Metropolitan Area
Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be
based upon the CPI published on December 31 of the preceding year. If the CPI indicates
a downward adjustment, compensation would remain at the base amount of $100,000.
2. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1 2
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos BrightView Tree Care Services Inc. by:
By: _______________________________ ______________________________
Laurel Prevetti, Town Manager Name/Title
______________________________
Department Approval:
_______________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________
Robert Schultz, Town Attorney Shelley Neis, CMC, Town Clerk
AGREEMENT FOR SERVICES
AGR I 8: IY.'t
IHH ____ _
THIS AGREEMENT is dated for identification this 5th of June 2018 and is made by and between
TOWN OF LOS GATOS, a California municipal corporation, ("Town") and BrightView Tree Care
Services, ("Service Provider"), whose address is 530 Aldo Avenue, San Jose, CA 95054. This
Agreement is made with reference to the following facts.
I.RECITALS
1.1 The Town desires to engage Service Provider to provide tree trimming maintenance
services.
1.2 The Service Provider represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Service Provider warrants it possesses the distinct professional skills, qualifications,
experience, and resources necessary to timely perform the services described in this
Agreement. Service Provider acknowledges Town has relied upon these warranties to retain
Service Provider.
2.1
2.2
2.3
2.4
2.5
II.AGREEMENT
Scope of Services. Service Provider shall provide services as described in that certain
Proposal sent to the Town on April 25, 2018, which is hereby incorporated by reference and
attached as Exhibit A.
Term and Time of Performance. The effective date of this Agreement shall begin on July 1,
2018 and will continue through June 30, 2023, subject to appropriation of funds,
notwithstanding any other provision in this agreement.
Compliance with Laws. The Service Provider shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Service Provider
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Service Provider to practice
its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant
to Chapter 14 of the Code of the Town of Los Gatos.
Sole Responsibility. Service Provider shall be responsible for employing or engaging all
persons necessary to perform the services under this Agreement.
Information/Report Handling. All documents furnished to Service Provider by the Town and
all reports and supportive data prepared by the Service Provider under this Agreement are
the Town's property and shall be delivered to the Town upon the completion of services or
Page 1 of 8
Agreement for Services -BrightView Tree Care Services
ATTACHMENT 2
2.6
2.7
2.8
2.9
at the Town's written request. All reports, information, data, and exhibits prepared or
assembled by Service Provider in connection with the performance of its services pursuant
to this Agreement are confidential until released by the Town to the public, and the Service
Provider shall not make any of these documents or information available to any individual
or organization not employed by the Service Provider or the Town without the written
consent of the Town before such release. The Town acknowledges that the reports to be
prepared by the Service Provider pursuant to this Agreement are for the purpose of
evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Service Provider in connection with other projects shall be solely at Town's
risk, unless Service Provider expressly consents to such use in writing. Town further agrees
that it will not appropriate any methodology or technique of Service Provider which is and
has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
/
Compensation. Compensation for services shall not exceed $247,000 for the first year,
inclusive of all costs. Payment shall be based upon Town approval of each �k.
Compensation for years two through five of this agreement shall not exceed $100,000 and
shall be adjusted upward annually for the remaining term of this agreement by the change,
if any, in the San Francisco -Oakland -San Jose Metropolitan Area Consumer Price Index
for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI
published on December 31 of the preceding year. If the CPI indicates a downward
adjustment, compensation would remain at the base amount of $100,000.
Failure to Perform. It is mutually agreed by SERVICE PROVIDER and TOWN that in the event
that performance of the work by SERVICE PROVIDER under this Agreement is not completed
as scheduled, TOWN will suffer damages and will incur other costs and expenses of a nature
and amount which is difficult or impractical to determine. The Parties agree that by way of
ascertaining and fixing the amount of damages, costs and expenses, and not by way of
penalty, SERVICE PROVIDER shall pay to TOWN the sum of one hundred dollars ($100.00)
per location per scheduled service in liquidated damages for every missed service beyond
three missed services in a month in addition to reducing the monthly payment by the cost
of that service. In the event that the liquidated damages are not paid, SERVICE PROVIDER
agrees that TOWN may deduct the amount of unpaid damages from any money due or that
may become due to SERVICE PROVIDER under this Agreement.
Schedule. Service Provider shall provide a schedule to the Town prior to beginning work.
The schedule shall identify dates of service for each location. Schedule changes shall be
approved by the Town with 24-hour notice. Each missed location shall be considered a
failure to perform, unless the contractor provides advance notice of schedule change.
Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Page 2 of 8
Agreement for Services - BrightView Tree Care Services
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.10 Availability of Records. Service Provider shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement. Service
Provider shall make these records available to authorized personnel of the Town at the
Service Provider offices during business hours upon written request of the Town.
2.11 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Service Provider. No portion of these services shall be assigned
or subcontracted without the written consent of the Town.
2.12 Independent Service Provider. It is understood that the Service Provider, in the performance
of the work and services agreed to be performed, shall act as and be an independent Service
Provider and not an agent or employee of the Town. As an independent Service Provider,
he/she shall not obtain any rights to retirement benefits or other benefits which accrue to
Town employee(s). With prior written consent, the Service Provider may perform some
obligations under this Agreement by subcontracting but may not delegate ultimate
responsibility for performance or assign or transfer interests under this Agreement. Service
Provider agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. Service Provider shall be compensated for its costs and
expenses in preparing for, traveling to, and testifying in such matters at its then current
hourly rates of compensation, unless such litigation is brought by Service Provider or is
based on allegations of Service Provider's negligent performance or wrongdoing.
2.13 Conflict of Interest. Service Provider understands that its professional responsibilities are
solely to the Town. The Service Provider has and shall not obtain any holding or interest
within the Town of Los Gatos. Service Provider has no business holdings or agreements with
any individual member of the Staff or management of the Town or its representatives nor
shall it enter into any such holdings or agre-ements. In addition, Service Provider warrants
that it does not presently and shall not acquire any direct or indirect interest adverse to
those of the Town in the subject of this Agreement, and it shall immediately disassociate
itself from such an interest, should it discover it has done so and shall, at the Town's sole
discretion, divest itself of such interest. Service Provider shall not knowingly and shall take
reasonable steps to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person Service Provider discovers
it has employed a person with a direct or indirect interest that would conflict with its
performance of this Agreement Service Provider shall promptly notify Town of this
Page 3 of 8
Agreement for Services -BrightView Tree Care Services
employment relationship, and shall, at the Town's sole discretion, sever any such
employment relationship.
2.14 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Service Provider nor its subService Providers do and neither shall
discriminate against persons employed or seeking employment with them on the basis of
age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental
disability, national origin, religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
Ill. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i.Service Provider agrees to have and maintain, for the duration of the
contract, General Liability insurance policies insuring him/her and his/her
firm to an amount not less than: one million dollars ($1,000,000) combined
single limit per occurrence for bodily injury, personal injury and property
damage.
ii.Service Provider agrees to have and maintain for the duration of the contract,
an Automobile Liability insurance policy ensuring him/her and his/her staff
to an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii.Service Provider shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Service Provider agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
General Liability:
i.The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Service Provider; products and completed operations of Service
Provider, premises owned or used by the Service Provider.
ii.The Service Provider's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers. Any
insurance or self-insurances maintained by the Town, its officers, officials,
employees or volunteers shall be excess of the Service Provider's insurance
and shall not contribute with it.
Page 4 of 8
Agreement for Services - BrightView Tree Care Services
It.Any failure to comply with reporting provisions of the policies sha ll not affect
coverage provided to the Town, its officers, officials, employees or
volunteers.
The Service Provider's insurance shall apply separately to each insured
against whom a claim is made, or suit is brought, except with respect to the
limits of the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. ln addition to these policies, Service Provider shall have and
maintain Workers' Compensation insurance as required by California law and shall provide
evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subservice Providers employed by Service
Provider provide the required Workers' Compensation insurance for their respective
employees.
3.4 lndem nification. The Service Provider shall save , keep, hold harmless and indemnify and
defend the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal iniury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Service Provider, or any of the Service Provider's officers, employees, or agents or any
su bService Provider.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governins Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
ABreement shall be in the Superior Court ofthe County of Santa Clara.
4.3 Termination of Asreement. The Town and the Service Provider shall have the right to
terminate thls agreement with or without cause by giving not less than fifteen days (15)
written notice of termination. ln the event of termination, the Service Provider shall deliver
to the Town all plans, files, documents, reports, performed to date by the Service Provider.
ln the event ofsuch termination, Town shall pay Service Provider an amount that bears the
Page 5 of 8
Agreement{or Services- BriBhtview Tree Care Services
same ratio to the maximum contract price as the work delivered to the Town bears to
completed services contemplated under this Agreement, unless such termination is made
for cause, in which event, compensation, if any, shall be adjusted in light of the particular
facts and circumstances involved in such termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Service
Provider.
4.5 Disputes. ln any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Prevailins Wases. ln accordance with the provisions of Sections 1770 et seq., of the Labor
Code, the Director of the lndustrial Relations of the State of California has determined the
general prevailing rate of wages applicable to the work to be done. Service Providerwill be
required to pay to all persons employed on the project by the Service Provider sums not less
than the sums set forth in the documents entitled "General Prevailing Wage Determination
made by the Director of lndustrial Relations pursuant to California Labor Code, part 7,
Chapter 1, Article 2, Sections 1770,7773,1-1-13.1." These documents may be obtained from
the State of California.
Pursuant to Labor Code section 7725.5, no Service Provider or subService Provider may be
awarded a contract for public works on a public works project unless registered with the
Department of lndustrial Relations.
This project is subject to compliance monitoring and enforcement by the Department of
lndustrial Relations and/or the Town of Los Gatos.
The Service Provider is required to post notices on Public Works requirements
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
BrightView Tree Care Services
530 Aldo Avenue
San Jose, CA 95054
4.8
or personally delivered to Service Provider to such address or such other address as
Service Provider designates in writing to Town.
Order of Precedence. ln the event of any conflict, contradiction, or ambigu ity between the
terms and conditions of this Agreement in respect of the Products or Services and any
ASreement for Services - BriShtview Tree Care Services
Page 6 of8
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Service Provider. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
Agreement for Services - BrightView Tree Care Services
Page 7 of 8
lN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by:Tree Care Services, lnc. by:
Town
Mike Carter
Recommended by:
Vice President / General Manager
Title
Morley, Director of Parks and Public
Works
Approved as to Form:
Robert Schultz, Town
Agreement fo. Services - Brightview Tree Care Services
PaBe E of 8
a\',
de
ATTACHMENT D
BID PRICE SHEET
For all services described below, unless excluded by the Town in description of services below,
the Town shall consider unit prices below to include all labor, equipment, fees of any kind,
overhead, insurance, fuel, materials, surcharges, disposal fees, and any ofier costs associated with
and necessary for the Bidder to perform such service. No qualifications, exemptions, or alterations
of services descdbed be low will be allowed. Failure to comply will result in disqualification of'
bid.
A. CENERAL SERVICES
OESCRIPf ION, 1YITH I.'NIT
PRICE rN WORDS. (PRTCE
IS INCLUSIVE OT ALL
APPL'CABLI TAXSS AND
FEfS)
UNIT
PRICE
ESTIMATED
UNITS
EXTENDED PRICE
I
Annoal routrae trirnming based
on tre0 trrmming in pre-dcsigned
rli.stricts, gnds or parks on a sct
r:ycle, and includes all (rces
small. medium. and larae-siz-edl.
Per-tree 7{Xl 6 tsseeor $ 66,500.00
2.
Servrcc reque$t uee trimnring
consist of trimming trerx outside
the grrd trimrning cycle.
0"*6"
7" - t2*
t3'' - 18"
I 9" -. 24"
25" and ovcr
Per tree
Per lrec
Per tree
Per trec
Pcr trcc
3 @ 3ze arctr
I0 gtsseacrr
l0 @ ltca "
a"tt2o6trsoeorl0O2roc.ct!
21e
950
1,450
4,700
850
l
Tree removal (cxcludes stump
removal)
0"-6"
7- - 12"
t3--18.
19" - 24"
25" aod over
Per tree
Per tree
Pcr trce
Per tree
5 esgs€ach
l5 6szrzeacrr
20 @ssazeacrt
l0 @tr760sacn
5 eit,920eacrr
475
3,555
r0,440
600
9.SO
4.
Stump renroval
0--6'
7" - 12"
I3"* t8"
t 9- - 2.1"
2J" arrd over
Pcr stump
Per stump
Pcr stump
Pcr stump
Pcr stump
5 g $l eactr
l5 @tttleact,
20 6 Srrt oa*r
l0 @seas*n563slzeartr
285
1.7!0
3.420
2,28A
710
A.SUB-TOTAL _ CENERAL
SERVICES $
t rz,rtr.oo
P.a. ^
16
of-tt
EXHIB]T A
B.CREW RENTAL AND EMERGENCY SERVICES
fully equipped crew as defined. Includes
all labor, equipment, tool, traffic: control,
disposal costs, and zero maltrial markups
STRAIGHT TIME
I. 4 Man crew with Equipment
2. 3 Man crew with Equipmenr
3. 2 Man crew with Equipment
OVERTIME/WEEKENDS/EMERGENCY AFTER HOURS CALL OUT
4. 4 Man crew with Equipment
5. 3 Man crew with Equipment
6. 2 Man crew with Equipment
B. SUB-TOTAL-CREW RENTAL&
EMERGENCY SERVICES
C. OTHER COSTS
DESCRIPTION, WITH UNIT UNIT PRICE IN WORDS. (PRICE IS PRICE INCLUSIVE OF ALL
APPLICABLE TAXES AND
.JEE�
Cost for .::rown. trees requiring
trimming more than 25�i, of
foliage at one lime, or crown
shaping or crown reduction.
I. 0-6''Per tree
7-12" Per tree
13-18" Per lrce
19-24" Per tree
25" and over Per tree
Specialty equipment - 50-ton Per hour 2. crane per hour Per hour -95-foot aerial rower oer hour
Tree planting and insiallation
services:
(Pnce includes labor, equipment,
root irrigation device, and
staking; assume trees to be
3. provides by the Town)
-15'' gallon Per tree
Per tree -24" box Per tree -36" box Per tree - 48'' box
4. Arborist services & repor t Per hour
1---···---.�i:i.�Ll!!l..££r hour
Tree watering per day
5. (Assume I worker watering 8 Per day
hours}
I 6. GPS tree inventory data Per tree
collection site
C.SUB -TOTAL-OTHER COST
!----�·-��-··· GRANO TOTAL IA+B+C)
UNIT ESTIMATED EXTENDED PRICE UNITS PRICE
Per hour 20
Per hour 40
Per hour 20
Per hour 10
Per hour 10
Per hour 20
ESTIMATED
UNITS
3 @$72 eaci>
10 @S95 each
10 @$14Seach
10 @$2350..t,
20 @$2S5Hci>
5 @ $265 eacll
15 @ $250 each
40 @ S130 each
20 @ $260 ·-
l O @ $390 each
5 @$650each
l O @$120 each
40 @ $600 each
14,000@Sl each
@$;JOO S6,000
@$225 $9,000
@$150 $3.000
@$380 $3,800
@$285 $2.850
@$190 $3,800
s 28.450.00
EXTENDED PRICE
$ 216
$ 950
$ t.450 s 2,350 s 5.700
s 1,325 s 3,750
s 5.200
$ 5,200 s 3,900
$ 3.250
S 1,200
S 24,000
S 42,0QO
S 100 491.00
S 246 682.00
--
. ..
·-
h� !7 ofJS
EXHIBIT A