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22-0503_WEST COAST ARBORISTS, INC._Amd 1 to Maintenance Services AgreementAMENDMENT 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 Services Agreement is made and entered into as of this 3rd day of May 2022, 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 SERVICES AGREEMENT” dated May 5, 2020 (“Agreement”) for the purpose of retaining the services of Contractor to provide professional Citywide Tree Maintenance Services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Maintenance Services Agreement for Citywide Tree Maintenance Services at the pricing shown on Exhibit A for an additional two-year term beginning July 1, 2022 and ending June 30, 2024. 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 Section 3.1.2 and 3.5.9 of the Agreement. 3. Terms. 3.1 Renewal Term. The term of the Agreement is hereby extended for one (1), two (2) year renewal commencing July 1, 2022 to June 30, 2024, i.e., the First Renewal Term unless earlier terminated as provided herein. 3.2 Renewal Term Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Amendment during the First Renewal Term at the rates set forth in Exhibit “A” (attached hereto and incorporated herein by reference). 3.3 Continuing Effect 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] 5/17/2022 Item Description Unit 2022-2024 1 Grid Pruning Flat rate price per tree Each 77.00$ Full Prune per Service Request 2 0"-12" DSH Each 77.00$ 3 13"-18" DSH Each 104.00$ 4 19"-24" DSH Each 128.00$ 5 25"-30" DSH Each 149.00$ 6 31"-36" DSH Each 303.00$ 7 36"+ DSH Each 510.00$ Crown Raise per Service Request - Hardwood tree -$ 8 0"-12" DSH Each 42.00$ 9 13"-18" DSH Each 47.00$ 10 19"-24" DSH Each 78.00$ 11 25"-30" DSH Each 98.00$ 12 31"-36" DSH Each 149.00$ 13 36"+ DSH Each 231.00$ Crown Cleaning per Service Request - Hardwood tree -$ 14 0"-12" DSH Each 77.00$ 15 13"-18" DSH Each 104.00$ 16 19"-24" DSH Each 128.00$ 17 25"-30" DSH Each 200.00$ 18 31"-36" DSH Each 231.00$ 19 31"-36" DSH Each 283.00$ Crown Reduction per Service Request - Hardwood tree -$ 20 0"-12" DSH Each 211.00$ 21 13"-18" DSH Each 303.00$ 22 19"-24" DSH Each 355.00$ 23 25"-30" DSH Each 407.00$ 24 31"-36" DSH Each 458.00$ 25 36"+ DSH Each 541.00$ Palm Pruning -$ 26 Prune Date Palm (Phoenix spp.)Each 231.00$ 27 Clean Trunk for Date Palm (Phoenix spp.)Each 231.00$ 28 Prune Fan Palm (Washingtonia spp.)Each 66.00$ 29 Clean Trunk for Fan Palm (Washingtonia spp.)Each 97.00$ 30 Prune all other Palm Species Each 66.00$ Tree and Stump Removal -$ 31 0"-12" DSH Each 231.00$ 32 13"-18" DSH Each 334.00$ 33 19"-24" DSH Each 516.00$ 34 25"-30" DSH Each 773.00$ 35 31"-36" DSH Each 876.00$ 36 36"+ DSH Each 1,031.00$ Tree Removal -$ 37 0"-12" DSH Each 231.00$ 38 13"-18" DSH Each 334.00$ 39 19"-24" DSH Each 516.00$ 40 25"-30" DSH Each 773.00$ 41 31"-36" DSH Each 876.00$ 42 36"+ DSH Each 1,031.00$ Stump Removal -$ 43 Stump Removal per Stump Diameter Inch at Grade Dia Inch 15.00$ Tree Planting and Skating -$ 44 15 gallon (double skated per specs) - Labor, Equipment, Tree and Materials Each 200.00$ 45 24" inch box (double skated per specs) - Labor, Equipment, Tree and Materials Each 407.00$ 46 36" inch box (double skated per specs) - Labor, Equipment, Tree and Materials Each 984.00$ General Labor Rates -$ 47 Rate for 1 Ground-person Hour 92.00$ 48 Rate for 1 Equipment Operator Hour 92.00$ 49 Rate for 1 Trimmer Hour 92.00$ Day Rate -$ 50 Day Rate Service Crew Day 2,202.00$ 51 Specilaty Equipment Day Rate Day 1,009.00$ Emergency Services -$ 52 During normal business hours (based on 3 person crew)Hour 309.00$ 53 After hours, weekends &/or holidays (based on 3 person crew)Hour 462.00$ General Arborist Services -$ 54 Arborist Reports Hour 180.00$ 55 Level 1, 2, 3 Risk Assessments Hour 180.00$ Other Charges -$ 56 Traffic Control Hour 92.00$ 57 Plant Health Care Hour 92.00$ EXHIBIT A -- CITY OF SAN JUAN CAPISTRANO