HomeMy WebLinkAbout2001-07-24; City Council; 16291; Annual Tree Trimming AgreementAB# Ib,acti
MTG. 7/24/01
DEPT. PCH
CITY OF CARLSBAD -AGENDA BILL
TITLE-
EXTENSION AND AMENDMENT NO. 1 TO ANNUAL TREE
TRIMMING AGREEMENT CITY ATTY.
I CITY MGR w-
RECOMMENDED ACTION:
Adopt Resolution No. mo/ - 823 approving Extension and Amendment No. 1 to the
annual tree trimming agreement with Henderson Tree Service.
ITEM EXPLANATION:
The City requires contractual tree maintenance to service large specimen trees throughout the
city. In addition, this service is used to supplement the street tree assessment program during
overload work periods. This contract ensures the street tree program is performed at the
preventative maintenance level. Also, trees located at public facilities also are serviced by the
contractor if deemed necessary. The Parks Supervisor schedules the maintenance and staff
will monitor the contractor for compliance of the agreement.
A number of factors occurred this year which necessitate amending the contract to increase
total allowable expenditures to $75,000 per year. This contract was originally used solely for
services funded from Landscape Assessment District funds. However, this year the Water
District and Parks Division requested additional services at several reservoirs and park
facilities using Water District and General Fund revenues. In addition, citizen generated
requests for services have increased significantly. When the original agreement was signed in
August 2000, the Fees To Be Paid To Contractor paragraph did not include a not to exceed
dollar limit and staff inadvertently failed to submit it for Council approval. Staff requests Council
approve the extension and amendment.
FISCAL IMPACT:
Sufficient funds are available for services in the respective budgets of the Parks Division, and
Maintenance and Operations Division for the remainder of this fiscal year as well as the
proposed budgets for the 2001-02 fiscal year.
EXHIBITS:
1. Resolution No. am-a23
2. Extension and Amendment No. 1 to Tree Trimming Services Agreement
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RESOLUTION NO. 2001-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING EXTENSION AND AMENDMENT NO. 1 TO
THE ANNUAL TREE TRIMMING SERVICE AGREEMENT
WHEREAS, on August 8, 2000 the City of Carlsbad entered into an agreement
with Henderson Tree Service for tree trimming services; and
WHEREAS, the proposed extension and amendment sets the not to exceed
amount at $75,000; and
WHEREAS, the proposed extension and amendment extends the term of the
agreement to August 8,2002; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That Extension and Amendment No. 1 to the professional services agreement
attached hereto as Exhibit 2 is approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad held on the 24th day of July , 2001, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: None.
G&m
OOD, City Clerk
EXTENSION AND AMENDMENT NO.1 TO AGREEMENT
HENDERSON TREE SERVICE
This Amendment is entered into and effective as of the /52 Tti day
of yilq ,200d I amending the agreement dated August 9, 2000 by and
betwgen the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”,
and Henderson Tree Service, a corporation, hereinafter referred to as, “Contractor” for
tree trimming services.
RECITALS
WHEREAS, the City and Contractor desire to extend the term of the agreement
dated August 9,200O for a period of one year ending on August 8,2002; and
WHEREAS, the City and Contractor wish to set a limit on fees per contract year
to $75,000; and
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor hereby agree as follows:
1. The term of the agreement shall end on August 8,2002.
2. That Paragraph 3 of the Agreement, entitled “Fees to Be Paid to Contractor, is
hereby amended in its entirety to read as follows:
“3. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed shall be
$25.00 per hour per man. The cumulative total for all work allowed
pursuant to this Agreement shall not exceed $75,000 per fiscal
year. No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph 6,
“Changes in Work “.
Incremental payments, if applicable, should be made as outlined in
attached Exhibit “A.”
Revised: 9/l ‘l/96
3. All other provisions of the aforementioned agreement entered into on August
9,2000, by and between City and Contractor shall remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor shall
include coverage for the amended assignment and scope of work for the extension
period.
Acknowledged and Accepted:
CONTRACTOR: CITY CF CARLSGAD, a municipai
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(print namehle) SEE ATTACHMENT FOR OFFICIAL NOTARIZATION
(Proper notarial acknowledgment of execution by Contractor.must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal
empowering the officer(s) signing to bind the corporation.)
APPROV D AS TO FORM:
Revised: 9/l I/96
State of c ,_, - &/FO~/djA
County of s&l -l f ,ccG-d
O# ’ -‘;7,u before me, Dal0
personally appeared
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D ~~~ &am wd Tii of Gffh hw.. U$ 000. Man PubH97
NEulleltI cl siQrPx(d
0 personally known to me - OR -&&ved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authprized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
SIpWe 01 N0kty Public
CALIFO’RN1A ALL-PURPOSE ACKNOWLEDGMENT
Though the information below is not required bylaw, it may prove valuable m persons relying on the document and could prevent
fraudulent removal and reanachment of this form m another document
Description of Attached Document
Title of Type of Document:
Document Date; Number of Pages: c_
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Signer(s)
Signer’s Name:
Cl individual
0 Corporate Officer
-llitle(s); -
0 Partner-n Limited fYl General
Cl Attorney-in-Fact
.
•i Trustee- q Guardian or Conservator
Cl Other:
Signer Is Representing:
Signer’s Name:
LII Individual
0 Corporate Officer
rile(s):
III Partner-Cl Limited 0 General
!I Attorney-in-Fact
U Trustee Cl Guardian or Conservator
Kl Other:
Signer Is Representing:
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