Item - 2020.IE15.6

The Infrastructure and Environment Committee recommends that:

1. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and enter into non-competitive bridging contracts with the current Arboricultural Services providers for a period of 6 months, from January 1, 2021 to June 30, 2021, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor based on the following details:

a. Davey Tree Expert Company of Canada in the amount of $2,374,689, net of Harmonized Sales Tax ($2,416,484, net of Harmonized Sales Tax recoveries);

 
b. Ontario Line Clearing and Tree Experts in the amount of $3,229,781, net of Harmonized Sales Tax, ($3,286,625, net of Harmonized Sales Tax recoveries); and

 
c. W.M. Weller Tree Service in the amount of $4,268,973, net of Harmonized Sales Tax ($4,344,107, net of Harmonized Sales Tax recoveries).

The purpose of this report is to request authority to establish non-competitive bridging contracts with the current Arboricultural Services providers Davey Tree Expert Company of Canada (Blanket Contract # 47021964), Ontario Line Clearing & Tree Experts (Blanket Contract # 47021967) and W.M. Weller Tree Service (Blanket Contract # 47021966) for the continued non-exclusive supply of all labour, equipment and material necessary to perform Arboricultural Services at various locations for the Parks, Forestry and Recreation Division from January 1, 2021 to June 30, 2021. This work is required to mitigate public liability and to maximize the tree canopy potential by ensuring healthier and long-lived trees through a proactive, systematic maintenance regime.

The consolidated value of all three (3) bridge contracts for the period of January 1, 2021 to June 30, 2021 to the City of Toronto is $9,873,443, net of Harmonized Sales Tax ($10,047,216 net of Harmonized Sales Tax recoveries). Details of the bridging contracts for each vendor are provided in the Financial Impact and Comments sections.

A negotiated Request for Proposal for Arboricultural Services (Doc # 2305234907) was issued in March 2020 and closed in May 2020 for a two (2) year term with three (3) additional one (1) year optional renewal periods commencing January 1, 2021. The bid review team, made up of Urban Forestry and Purchasing and Materials Management staff, as well as a Fairness Monitor, was underway with the review and negotiations.

At its meeting of July 28 and 29, 2020 City Council considered Infrastructure and Environment Committee Item IE14.8 "Ensuring Value for Money for Tree Maintenance Services – Update and Legal Advice". At that meeting City Council requested a further report from the City Manager to be considered at the next Audit Committee meeting scheduled for October 23, 2020. As a result, negotiations that were underway were put on hold until further notice.

Due to this delay, which impacts the award of the 2021 Contract(s), non-competitive bridge contracts are required for the current three (3) vendors from January 1, 2021 to June 30, 2021 for the continued supply of all labour, equipment and material to perform arboricultural services. This will ensure continuity of essential arboricultural services including tree pruning and maintenance until such time that the 2021 Contract can be awarded. This work is required to mitigate public liability and maximize the tree canopy potential by ensuring healthier and long-lived trees through a proactive, systematic maintenance regime.

City Council approval is required in accordance with Municipal Code Chapter 195- Purchasing, where the current request exceeds the Chief Purchasing Official's authority of the cumulative five year commitment for each vendor, under Article 7, Section 195-7.3 (D) of the Purchasing By-Law or exceeds the threshold of $500,000, net of Harmonized Sales Tax allowed under staff authority as per the Toronto Municipal Code, Chapter 71- Financial Control, Section 71-11A.