12-143 First Amendment to Deborah Ellis Agreement for MS, Consulting Arborist & Horticulturist /6a f7?1
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND DEBORAH ELLIS, MS FOR ARBORIST AND
HORTICULTURIST
This First Amendment to the Agreement between the City of Cupertino and
Deborah Ellis, MS, for reference dated November 30th, 2012 , is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and Deborah Ellis,
MS, Consulting Arborist & Horticulturist, whose address is PO Box 3714, Saratoga, CA
95070, (hereinafter "CONTRACTOR"), and is made with reference to the following:
RECITALS:
A. On October 17th, 2012, an agreement was entered into by and between City
and Harris & Associates (hereinafter "Agreement").
B. City and Harris &Associates desire to modify the Agreement on the terms
and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
EXHIBITS section of the Agreement is modified to read as follows:
The following attached exhibits herby are made part of this Agreement: Proposal
marked EXHIBIT "A" and EXHIBIT "A-1".
TERM section of the Agreement is modified to read as follows:
The services and/or materials furnished under this Agreement shall commence
on October 18th, 2012, and shall be completed before January 1, 2013, or as extended by
agreement.
COMPENSATION section of the Agreement is modified to read as follows:
For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump sum not to exceed $4,000.00, without City written approval,
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
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First Amendment
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IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed. •
Debbie Ellis, MS CITY OF CUPERTINO
Consulting Arborist& Hortic lturist A Municipal Corporation
By . By
Director of Public Works, Timm Borden
Title prIgUp_d____
Date 12.-3_ 201
APPROVED AS TO FORM:
By
City orney, Carol Korade
ATTEST:
By (----:)41V-
City Clerk, Grace Schmidt
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97.6, /V/07-2.
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First Amendment
I
Deborah Ellis, MS
Consulting Arborist&Horticulturist
Service since.1984
Carmen Lynaugh
City of Cupertino,Public Works Dept.
10300 Torre Avenue
Cupertino, CA 94014
November 27, 2012
McClellan Ranch, Environmental Education Center
Additional Evaluation of Trees as per my November 15, 2012 Arborist Report
Dear Carmen:
The trees that were recommended for further evaluation and my proposal for that
evaluation are below:
1) #4 valley oak X33"): Several things need to be evaluated in greater detail relative to this tree. I
can do some of this and others should complete the other items as follows:
a) Scaffold branch resting on blacksmith building-how much does building support this
branch? We will use a ladder and investigate this visually up close,and give you are best
estimate of what is going on based upon wiat we can see and feel.
b) Small cavity in above scaffold branch-We will use a ladder to insert a probe to the back
and sides of the cavity to get an idea of how large the cavity is. We will also measure the
diameter of the branch at the widest point D the cavity so that we can get an idea of how
much of the diameter is hollow, I may wane to do further testing after that, but we will start
with this simple evaluation.
c) Large scaffold branch failure location, north side of tree (opposite blacksmith shop):this is
beyond my capability and will need to be evaluated by an experienced tree service
climber,so we will leave this on hold until the tree is pruned.
d) Old wound on lower trunk and root collar o l North side of tree:we will make a shallow (e.g.
6-inch deep excavation in the soil around this wound to visually check it,and also probe it-
we may use a Resistograph to evaluate furtner. We will perform one tomographic scan
(sonic as well as electric resistance) of the lower trunk/root collar area that includes this
wound.
e) Other (not mentioned in report): there is a wound/small hole in the trunk on the north side of
the tree,just above the large scaffold branch/trunk that grows toward the blacksmith shop.
We will perform one tomographic scan including the center of this wound and capturing the
included bark between the trunk and the Icrge scaffold branch, as described above.
f) Evaluating canopy density after the tree is flly foliated (next year about mid-June). We will
have to wait until then to do this, and so I am not including that in this proposal. The tree
should not be pruned until after this is done, however.
g) Checking/adiusfing cables. We cannot do this. This should be done by a qualified tree
service after the tree is pruned. We recommend McCienahan Tree Service in Portola Valley,
PO Box 3714, Saratoga,CA 95070. 408 7254357. decah @pacbell.net. http://www.decah.com.
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•
Deborah Ellis, MS
Consulting Arborist&Horticulturist
Service since 1984
as they have a great deal of experience with installing and maintaining cabling and other
support systems in large trees. This should not be done until after the tree is pruned.
h) The cost for the above work which we are able to do ourselves will be$1500.00. We
estimate spending 6-8 hours on site plus office time to prepare the report. Additional
information on tree tomography is available from my web site at:
http://www.decah.com/picus.html. I have also enclosed a sample tomography report so
that you will know what type of report you will receive after this work is completed.
2) #29 California buckeye(20. 10&8"): portions of this tree (including the 20" trunk) are dead and
decayed. The 20" trunk should be removed, but other parts of the tree may be alive and
salvageable—it is difficult to tell much of what slse is dead or alive at this time because the tree
is leafless and still dormant. it should be evaluated next Spring (mid-April) after it is fully foliated
but before it sheds its leaves for its summer dormancy. We therefore will omit this observation
from this proposal.
3) #38 coast live oak(16"): after remedial pruning, supportive propping should be considered for
this tree. Since this work is in the future it is not included in this proposal. But after remedial
pruning on the site we are happy to meet with the tree service and discuss the possibility of
propping (again l recommend McClenahan Tree Service because of their experience in
designing and installing tree support systems).
4) Any work above which is described but is not ci part of this proposal,such as observations at a
future date can be charged at my regular hourly rate as per my current fee schedule.
Sincerely,
•
Deborah Ellis, MS.
Consulting Arborist & Horticulturist
Certified Professional Horticulturist#30022
ASCA Registered Consulting Arborist#305
I.S.A. Board Certified Master Arborist WE-457B
Enclosure: sample tomography report
PO Box 3714,Saratoga,CA 95070. 403-725-1357. decah @pacbell.net. http://www.decah.com.
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