18-0515_WEST COAST ARBORISTS, INC._Maintenance Services Agreement 1st AmdAMENDMENT NO. 1
TO THE MAINTENANCE SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
WEST COAST ARBORISTS, INC.
1. Parties and Date.
This Amendment No. 1 to the Maintenance Service Agreement is made and entered into as of
this 15th day of May, 2018, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and West Coast Arborists,
Inc., a California Corporation, with its principal place of business at 2200 E. Via Burton, Anaheim,
CA 92806 "Contractor". City and Contractor are sometimes individually referred to as "Party" and
collectively as "Parties."
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled
"Maintenance Service Agreement" dated May 3, 2016, ("Agreement') for the purpose of retaining
the services of Contractor to provide tree maintenance and related professional services.
2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to
extend the term for an additional two-year term beginning July 1, 2018, and ending June 30, 2020,
and to increase the not -to -exceed compensation amount to $270,000 per fiscal year. The new term
will continue with new rates of compensation adjusted and increased by 2.65% based on the All
Urban Consumer Price Index (AU -CPI). All other terms and conditions will remain the same as
noted in the Agreement.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Sections
3.1.2, 3.3.1 and 3.5.9 of the Agreement.
3. Terms.
3.1 Renewal Term. The City hereby exercises its option to extend the Agreement for one
(1) additional two (2) year term commencing on July 1, 2018 and expiring on June 30, 2020 ("First
Renewal Term"), unless earlier terminated or further extended pursuant to the terms of the
Agreement.
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3.2 Renewal 'Perm Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered during the Renewal Term at the rates set forth
in Exhibit "C -I" attached hereto and incorporated herein by this reference. The total compensation
shall not exceed two hundred seventy thousand dollars ($270,000) per fiscal year without written
approval of the City Manager. Extra Work may be authorized, and if authorized, will be
compensated at the rates and manner set forth in the Agreement as amended by this Amendment No,
1.
3.3 Continuing 1:fFcct of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Page]
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND WEST COAST ARBORISTS, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
� i I
City Man er
,
Date
A C(M
Mwig Morrii,Uty Clerk
Approved As To Form:
City Attomey
WEST ARBORISTS, INC.
Si ature
Patrick Mahoney
Name
President
Title
5/22/18
Date
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61147 021001310572982
EXHIBIT "C-1"
FIRST RENEWAL TERM RATES
Item No.
Description
Al
Grid tree pruning 0" to 6" DSH - EACH
A2
Grid tree pruning 7" to 12" DSH - EACH
A3
Grid tree pruning 13" to 18" DSH - EACH
A4
Grid tree pruning 19" to 24" DSH - EACH
A5
Grid tree pruning 25" to 30" DSH - EACH
A6
Grid tree pruning 31" and over DSH - EACH
A7
Tree removal and stump grinding - PER INCH DHS
A8
Strump grinding only - PER DIAMETER INCH
A9
Tree removal only - PER INCH DHS
Scheduled Work Crew (3 staff, aerial unit, box
truck, chipper, chain saws, misc. equipment)
Regular business hours, service request pruning,
A10
extraordinary tree & stump removal - PER HOUR
Emergency Response Crew (3 staff, aerial unit,
box truck, chipper, chain saws, misc. equipment)
After business hours, weekends & city holidays -
All
PER HOUR
Bid Item Price
10.27
65.70
65.70
65.70
65.70
65.70
29.77
7.19
22.58
Units
100
100
100
100
100
25
N/A
N/A
N/A
$ 200.17 N/A
$ 261.76 N/A
Annual Total
$ 1,027.00
$ 6,570.00
$ 6,570.00
$ 6,570.00
$ 6,570.00
$ 1,642.50
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