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HomeMy Public PortalAboutAgreement_2021-09-07 to 2023-06-30_West Coast Arborists_City tree maintenance_21-006CFIRST AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES by and between the CITY OF TEMPLE CITY and WEST COAST ARBORISTS, INC. Dated September 7, 2021 RN #4840-1328-2571 vl FIRST AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES This First Amendment to Agreement for Tree Maintenance Services ("First Amendment"), which is dated for September 7, 2021, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and West Coast Arborists, Inc., a limited liability company ("Contractor"), (collectively the "Parties") as follows: RECITALS A. City and Contractor entered in an Agreement for Tree Maintenance Services on May 1, 2018 ("Agreement"). Per the Agreement, the Contractor agrees to perform for the City those tree maintenance services specified in the Scope of Services. Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately perform and complete the services. B. Section 1.1 (Term) provides subject to the provisions of Section 9 (Termination), may be renewed for up to an additional two (2) years upon mutual consent of the Parties. C. Exhibit "C" outlines the compensation schedule for services rendered by Contractor. D. This First Amendment amends Section 1.1 (Term) extending the Agreement through June 30, 2023 and replaces Exhibit "C" with updated compensation schedule reflecting a 5% increase in rates. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Term. Section 1.1 of the Agreement is hereby amended as follows: Subject to the provisions of Section 9 (Termination) the term of this Agreement is extended for two additional years, through June 30, 2023. 1.2 Compensation. Exhibit "C" of the Agreement is hereby amended to reflect a 5% increase in rates. RIV 44840-1328-2571 vl -2- GENERAL PROVISIONS. 1.3 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 1.4 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 1.5 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Manager and executed by the appropriate authorities of the City and Contractor. 1.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 1.7 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY ATTEST: NPeggy u ity Clerk RIV #4840-1328-2571 vI By: -3- Cook, City Manager APPROVED AS TO FORM Greg Murph, , City Atto CONTRACTOR: WEST COAST ARBORISTS, INC. By: I/�f Name: Patrick Mahoney Title: President By: Name: ,,r. M.hone Title: 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 CONTRACTOR'S BUSINESS ENTITY. RIV #4840-1328-2571 vl -4- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate 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 County of Orange On av k err Date personally appeared before me, } Janet Casas "Notary Public" Here insert Name and Title of the Officer Patrick Mahoney Name(s) of Signer(s) Richard Mahoney who proved to me on the basis of satisfactory evidence to be the person whose name •#s/are subscri to the within instrument and acknowledged t me that-W&'ie/ ie executed the same in Jais/q authorized capacity es and that by hi hei signatureOS on the instrument the persortJ or the entity upon behalf of which the persortf acted, executed the instrument. z IttrI JANE— CASAS Notary Public • California Orange County Commission # 2365914 My Comm. Expires Jul 20. 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a d o ic' Is Signature OPTIONAL S .n blic 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — El Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer Is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 A notary public or other officer completing this certificate 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. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 20 before me, Date Name And Title Of Officer (e.g. "Jane Doe. Notary Pubilc ) personally appeared Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner(s) DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title or Type of Document ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entitydes) Number Of Pages Date Of Document Signer(s) Other Than Named Above A notary public or other officer completing this certificate 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. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 20 before me, Dale Name And Title Of Officer (e.g. 'Jane Doe, Notary Public') personally appeared Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner(s) DESCRIPTION OF ATTACHED DOCUMENT Title(s) Title or Type of Document ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Number Of Pages Date Of Document Signer(s) Other Than Named Above LA #4842-7229-1141 v I 0 t¢ EXHIBIT C CITY OF TEMPLE CITY Schedule of Compensation for Year 2021 - 2023 Tree Maintenance Services performed by WCA, Inc. Item Description 1 Grid Prune 2 Block Prune 3 Full Prune 0-6 DSH 4 Full Prune 7-16 DSH 5 Full Prune > 16 DSH 6 Clearance Prune 0-6 DSH 7 Clearance Prune 7-16 DSH 8 Clearance Prune > 16 DSH 9 Palm Prune 10 Ficus/Crown Reduction/Crown Shaping 11 Tree and Stump Removal 0-36 DSH 12 Tree and Stump Removal > 36 DSH 13 Stump Only Removal 14 Plant 15 Gal w/RB 15 Plant 15 Gal w/out RB 16 Plant 24" Box w/RB 17 Plant 24" Box w/out RB 18 Canopy Spraying - ground level 19 Canopy Spraying - aerial tower 20 Insecticide/Fungicide Tree Banding 21 PGR Trunk Banding 22 Insecticide/PGR Soil Application 23 Soil Drenching Fertilization 24 Insecticide/Fungicide Soil Application 25 Soil Injection Fertilization 26 Trunk Injection - insecticide/miticide 27 Trunk Injection - fungicide 28 Trunk Injection - insecticide/fungicide combo 29 Avermectin Class Insecticide Injection 30 Arborist Services 31 GPS Tree Inventory 32 Specialty Equipment Rental 33 Crew Rental - per worker 34 Emergency Response - per worker Unit Proposed Prices Each $80.85 Each $147.00 Each $63.00 Each $126.00 Each $252.00 Each $21.00 Each $31.50 Each $42.00 Each $80.85 Each $351.75 Inch $34.65 Inch $40.95 Inch $21.00 Each $178.50 Each $157.50 Each $283.50 Each $262.50 Inch $2.10 Inch $4.20 Inch $5.25 Inch $2.10 Inch $4.20 Inch $2.10 Inch $2.10 Inch $3.15 Inch $4.70 Inch $3.65 Inch $8.40 Inch $6.30 Man Hour $157.50 Each $3.15 Hour $105.00 Man Hour $84.00 Man Hour $94.50 Printed on: 4/12/2021 3:02:26 PM Page 1 of 2 CITY OF TEMPLE CITY Schedule of Compensation for Year 2021 - 2023 Tree Maintenance Services performed by WCA, Inc. Item Description Unit Proposed Prices The current rates have been in place since July 1, 2018. The proposed rates reflect a 5% increase to help offset the increase in prevailing wage. The proposed rates shall remain firm for a 2 -year period through June 30, 2023. Printed on: 4/12/2021 3:02:26 PM Page 2 of 2