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West Coast Arborists-2021-31 ,2oA] - 31 AMENDMENT NO.2 TO THE CONTRACT AGREEMENT BY AND BETWEEN THE CITY OF GRAND TERRACE AND WEST COAST ARBORISTS,INC. This AMENDMENT NO. 2 TO THE CONTRACT AGREEMENT BY AND BETWEEN THE CITY OF GRAND TERRACE AND WEST COAST ARBORISTS,INC. ("Amendment No. 2")by and between the CITY OF GRAND TERRACE ("City") and WEST COAST ARBORISTS,INC. ("Contractor") is effective as of the 28th day of September, 2021. RECITALS A. The City entered into that certain Contract Agreement By And Between the City Of Grand Terrace And West Coast Arborists for tree maintenance services as described more particularly therein, dated October 25, 2016 ("Agreement"). B. Total compensation to the Contractor for tree maintenance services rendered pursuant to the Agreement is $192,802.00 and the term of the Agreement is five years from the date thereof. C. The Agreement was amended on September 12, 2017, in order to add certain tree planting services, as described further therein, and to increase the Agreement's total compensation by $15,000 (total: $207,802) ("Amendment No. 1"). D. For the purposes of this Amendment No. 2,the Agreement and Amendment No. 1 shall hereafter be collectively referred to as the"Agreement." E. As of the date of this Amendment No. 2,the Agreement has $25,343 left unspent. F. Certain services under the Agreement have not been completed and the remaining unspent amount on the Agreement is not enough to complete the original Scope of Services; therefore, the total compensation of the Agreement must be increased by $23,311 in order to complete the original Scope of Services under the Agreement. G. The parties further desire to amend the Scope of Services of the Agreement to add on-call tree maintenance services, as described further in Exhibit"A" of this Amendment No. 2, at a total cost not to exceed$8,000. H. Based upon the foregoing the total compensation must therefore be increased by $31,311 (including the additional on-call services of$8,000). I. In order to complete the tree maintenance services, the term of the Agreement must be extended to June 30, 2022. J. The parties desire that the original services required to be completed pursuant to the Agreement must be completed by June 30, 2022. 01247.0006n39423.2 NDP K. The parties now therefore desire to increase Contractor's total compensation under the Agreement by $31,311 for a total of$239,113 to provide sufficient funds to complete the original Scope of Services and to carry out as-needed tree pruning services; to add as-needed tree pruning services; to require that the original Scope of Services be completed by June 30, 2022; and to extend the term of the Agreement to June 30,2022. TERMS 1. Amendments to Agreement. The Agreement is amended as provided as follows: 1.1 The Scope of Services as provided in Section 1 of the Agreement, including all documents referenced therein shall be completed by June 30, 2022. 1.2 Section 1.1 (Additional On-Call Services) is hereby added to the Agreement as provided in Exhibit"A" of this Amendment No. 2 ("On-Call Services"). 1.3 Section 2. (Term) is hereby modified in its entirety as follows: "This Agreement shall be effective on the date first written above and the Agreement shall remain in effect through June 30, 2022, or until terminated as provided herein." 1.3 Section 3. (Compensation/Payment) is hereby modified in its entirety as follows: "Contractor shall perform the Services under this Agreement for the total sum not to exceed $239,113.00. Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting for the services performed. The invoices shall be delivered to City at the address set forth in Section 4,hereof." 2. Continuing Effect of Agreement.Except as amended by this Amendment No. 2, all provisions of the Agreement, as amended by Amendment No. 2, shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 2. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement.Each party represents and warrants to the other that there have been no written or oral modifications 'to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default 01247.0006/739423.2 NDP under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment No. 2, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 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. 2. 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of the Agreement, as amended and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON THE FOLLOWING PAGE] 01247.0006/739423.2 NDP IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written. CITY: CITY OF GRAND TERRACE, a 3 u icip rpor do C G.Nficliael Milhiser, Interim City Manager aTS : " ebra Thomas"City Clerk APPROVED AS TO FORM: ALESHIRE&W ,LL ev" Adrian R. Guerra, City Attorney CONTRACTOR: West Coast r orists, Inc. By: Name: Patrick Mahoney Title: president By: N Richard Mahone Title: Secretary Address:2200 E. Via' Street Anaheim, CA 92806 NOTE: CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. 01247.0006/739423.2 NDP CALIFORNIA-ALL-PURPOSE ACKNOWLEDGMENT:. CIVIL CODE§1.189:. A.notary.public or other officer completing:this-ceftif Cate.verifies'only-the:identity.of the individual who signed'the : : document to.which this certificate.is attached'and:not the.truthfulness,.accuracy,or.validity of that document. State of California Coun of : :.Orange': ty .. ) : On 9/30/2� Amelia Mengel, Notary Public before me, . Date " ' - Here:lnsert Name and Title of the Officer. : - 7i5ersonally appeared Patrick:Mahoneyand Richard Mahoney Name(s):of$igner(s) who roved to me;on the basis of satisfacto evidence to,'be the' erso s whose nam. s p rY: p � s�e - the within instru t:and acknowledged to me Ghat executed the same'In thorized capaci ,(fes) and-that by si natur�s on the:instrument the pers sopon behalf of-whlc e:perso s acted,:executed:the-instrument.: : : I.certify.Linder-PENALTY OF:PERJURY under the laws'. .. .. of, oregoing paragraph:. - .the State of California that.ahe f Is true.and correct. E IA MENZEL Notary WITNESS my.band.and official s al.. buc-Ca lifornia Orange Coun : z = Commission#-2284387'.. : My Comm.Expires Apr 5.2013 ,Signature ' Lu - . - ignatu. of Notary Putilic . : Place Notary Seal.Above . .... . :. ::OPTIONAL . . . . . Though'this section is optional, completing-this information-can deter alteration of the document or.. fraudulent reattachment,of this form to an unintended document.,' Description.of Attached'Document: : Title or Type of Document:: C-Ira �e►�ar ' : n^zrno�liwLyc - (JD• . ::. '.. DocumenfDate: Number of Pages: ; Signer(s)::Other.:Than Named'Above: . Capacity(ies):Clair ed byZigner(s) .. Signer's, ateick-Mahoney $igner's.Name: Richard.Mahoney : ®Corporate Officer. Title(s) :President Corporate Officer --Title(s) Secretary: -Partner - p Limited,; ❑General : El Partner .❑Limited': El-Gene'al - ❑Individual'.- El Aft mey:in Fact: ❑Individual.; ❑Attomey-in Fact ❑Trustee. . .. El Guardian or Conservator QTrustee:: :.❑Guardian or Conservator El Other; El Other: Signer Is Representing: WCA,.Ina. : .: Signer.Is.Representing:: WCA; Inc:: .. ©2016:National;.Notary Association www:NationalNotary.org -:1-800=.US NOTARY(1-80M7&6827)_ Item#5907 Exhibit"A" Additional Scone of Services Section 1.1 Additional On-Call Services a) At the request of the Contract Administrator, Contractor shall provide on-call tree pruning services to the City. b) The Contractor will provide the On-Call Services which will be readily available when needed for the fixed rates set forth in Section 1.1(h)(iv). However, before any work is performed, the Contractor must provide a specific written Task Proposal for any requested On-Call Services and get written approval of the terms of the Task Proposal from the City, as such process is more fully described in the Work Request Procedure below in Section 1.1(c). Unless specifically defined, each category or type of work listed in Section 1.1(h)(iv) shall be construed broadly to include all services customarily described under such category or type. c) Work Request Procedure. Contractor must perform all On-Call Services in compliance with the following requirements: i. Each task to be performed shall be set forth in a written request ("Request") produced by the Contract Administrator with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of the Agreement. ii. Within 24 hours of receipt of the Request,the Contractor shall prepare and submit to the Contract Administrator a "Task Proposal" that includes the following components: (1) a written description of the requested task ("Task Description") including all components and subtasks, and including any clarifications of the descriptions provided in the Request; (2) the costs to perform the task("Task Budget"); (3) an explanation of how the cost was determined; and (4) a schedule for completion of the task ("Task Completion Schedule"), including a final completion date ("Task Completion Date"). iii. Contract Administrator shall approve, modify, or reject the Task Proposal in writing, and issue a Notice to Proceed when a written agreement has been reached on the Task Proposal. iv. The task shall be performed at a cost not to exceed the Task Budget. V. Contractor shall complete the task and deliver all deliverables, as 01247.0006/739423.2 NDP applicable,to Contract Administrator by the Task Completion Date. d) Contractor acknowledges that City has no obligation to request On-Call Services from Contractor under the Agreement. e) In addition to any requirements in the Agreement, during performance of the On- Call Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports: i. Periodic progress reports and/or other status reports as specified in each Task Proposal or otherwise as requested by the Contract Administrator on a task-by-task basis. f) As part of the On-Call Services, Contractor will prepare and deliver the following tangible work products to the City: i. Work products and timelines based on agreed upon scope of work for assigned projects. g) All On-Call Services are subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. h) Compensation for On-Call Services under this Section 1.1. i. Consultant shall perform the On-Call Services at the rates listed in Section 1.1(h)(iv). The rates provided in Section 1.1(h)(iv) may not be escalated during the term of the Agreement. Consultant shall be compensated based upon the time and rates of the personnel performing the tasks and itemizing materials and equipment utilized and the costs thereof, which shall conform to the requirements provided in Section 1.1. ii. The City will compensate Contractor for the On-Call Services performed upon submission of a valid invoice.Each invoice is to include: (1) Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. (2) Line items for all materials and equipment properly charged to the On-Call Services. (3) Line items for all other approved reimbursable expenses claimed, with supporting documentation. (4) Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the On-Call Services. 01247.0006n39423.2 NDP iii. The total compensation for the On-Call Services shall not exceed $8,000.00 during the term of the Agreement. iv. On-Call Services Rates Item No. Description Unit Unit Price 1 Remove trees Tree $394.00 2 Priority 1 Prune: Removal of broken or hanging Tree $294.00 limbs, hazardous deadwood; and dead, dying or diseased limbs or leaders greater than four (4) inches in diameter. 3 Priority 2 Prune: Removal of dead, diseased or Tree $94.00 weakened branches between two (2) and four (4) inches in diameter and are potential safety hazards. 4 Large Tree Routine Prune: Routine horticultural Tree $64.00 pruning to correct structural problems or growth patterns, which would eventually obstruct traffic or interfere with utility wires or buildings Trees in this category are large enough to require bucket truck access or manual climbing 5 Small Tree Routine Prune: Routine horticultural Tree $64.00 pruning to correct structural problems or growth patterns, which would eventually obstruct traffic or interfere with utility wires or buildings. These trees are small growing, mature trees that can be evaluated and pruned from the ground. 6 Training Prune: Young, large-growing trees that are Tree $44.00 still small must be pruned to correct or eliminate weak, interfering or objectionable branches in order to minimize future maintenance requirements. These trees, up to 20 feet in height, can be worked with a pole-pruner or by a person standing on the round. 7 Stump Grind/Removal:A stump that should be Stump $144.00 stump ground below grade level and/or removed. 01247.0006/739423.2 NDP