HomeMy Public PortalAboutC-18-097 - WEST COAST ARBORISTS 2023 FEB 23 AMENDMENT NO. 5AMENDMENT NO. 5
TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
("Amendment No. 5") by and between tine CITY OF CARSON. a California municipal
corporation ("City") and NEST COST ARBORISTS, INC.. a California corporation
("Contractor") is effective as of the � day of 2023. City and Contractor
are sometimes hereinafter individually referred to as "Party" an hereinafter collectively referred
to as the "Parties."
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated October 1. 2018, ("Agreement") whereby Contractor agreed to provide professional tree
maintenance services for public parks, various civic facilities, streets and medians in the City,
including tree pruning and maintenance services. mitigation services for risks from tree hazards,
and emergency tree maintenance services ("Services").
B. in August 2017, City was awarded a grant of up to $267.915 from the California
Department of Forestry and Fire Protection ("CAL Fire") for the Carson Tree Expansion &
Improvement Project (;'Tree Planting Project") as part of the Urban & Community Forestry
California Climate Investment Gants program.
C. In furtherance of such grant, CAL Fire and the City entered into a grant agreement.
identified as Grant Agreement 8GG 16422, which was twice subsequently amended (collectively.
"Grant Agreement").
D. Under the Grant Agreement. the Tree Planting Project consists of the planting of
trp to 1,440 trees by March 30, 2021, as part of tine City's mitigation efforts to decrease GHG
emissions, as well as for the promotion of urban forestry through educational community outreach.
Under this program. City is to be paid grant monies on a reimbursement basis. which means any
compensation paid by City to any contractor under the Tree Planting Project up to $267,915 is
subject to reimbursement under the Grant Agreement. However, Contractor was to perform
services under the Tree Planting Project triggering payment of up to $76,440 of the $267,915 grant
monies.
E. The City and Contractor entered into that certain Amendment No. I to Agreement
for Contract Services dated January 28, 2020, to implement the Tree Planting Project to add the
Tree Planting Project services to the Services provided for in the Agreement and to increase the
Contract Sum from $1,969.764.09 to $2.046.204.09.
F. The Agreement term is for three (3) years. from October 1. 2018 through September
30, 2021, and provides City with options to extend for up to three (3) years. either all at once or
incrementally, at City's election. City's exercise of the full allotment of the three (3) year extension
would result in expiration of all extended terms on September 30, 2024.
EXHIBIT NO. 1
0 I (H)7 0006/750575.1
G. The City and Contractor entered into that certain Amendment No. 2 to Acreenlent
for Contract Services dated September ?,I . 2021. to extend the Agreement term by an additional
two (2) months, thereby extending the term to November 30.2021.
H. City and Contractor entered into that certain Amendment No. 3 to Aureemcnt for
Contract Services dated March 16. 2022 to further extend the Agreement for thirteen (13) months
starting frorn December 1. 2021 through December 31. 2022. and increase the Contract Sum by
an additional $656.588.03 to bring the new Contract Sum from $2,0=16,20=1.09 to $2.702.792.12.
1. City and Contractor entered into that certain Amendment No. 4 to Agreement dated
October 18. 2022, to further extend the Term for one (1) month starting from January 1. 2023
through January 31, 2023. and increase the Contract Sum by an additional $199.000.00 to cover
such extension period bringing the new Contract Sum to $2.901.792.12.
J. City and Contractor now seek to again extend the Term for an additional twenty
(20) months, from February 1. 2023 through September 30. 2024 ("Final Extension Period").
K. On December 9, 2022, Contractor submitted a request to the City for a 7.5% cost
of living Increase pursuant to Section 3.5 of the Agreement (equivalent to all annual contract slue
increase of $49,244.16). effective February 1. 2023 and continuing through expiration of the Final
Extension Period.
L. The City has reviewed Contractor's request and supporting documentation
submitted by the Contractor, and has determined that the requested 7.5% CPI increase is accurate
and appropriate pursuant to Section 3.� of the Agreement. City now sees fit to approve of same.
resulting in an increase of $49,244.16 of the Contract SLIM per annuls as a direct result of the CPI
increase, thereby increasing the total Contract Sum during the Final Extension Period as a direct
result of the CPI increase by $82,073.5 1. When accounting for the increase to Contract Sum of
$82,073.51 together with the increase to the Contract Sum needed to approve Contractor's
continued provision of Services until expiration of the Final Extension Period. the Contract Sum
will increase by an amount of $1,176.386.91 bringing the adjusted Contract Sum from
$2.901,792.12 to $4.078.179.03.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new test is
identified in bolil italics, deleted text in stri�,�11reugh):
A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to
read in its entirety as follows:
2.1 Contract Sllln.
Subject to any limitations set forth in this Agreement. City agrees to pay Contractor
the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C"
and incorporated herein by this reference, The total compensation.including
reimbursement for actual expenses, shall not exceed FourT-we Million Seventy Eight Ni+e
Hai �'•�� Thousand Otte Seveti Hundred Seventy Nine Nitiety Twe Dollars and 3/100
0 100TWO017:0575. I
121100 Cents ($'4,078,179.03 52.901.792.12) (lhe "Contract Sum''), unless additional
compensation is approved pursuant to Section 1.10."
B. Section 3.5 (Term) of the Agreement is hereby amended to read in its
entirety as follows:
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement. this
Agreement shall continue in full force and effect until completion of the services but not
/Wer than exeeeding
resuking iii e: pii-atien eT thisgizeement aii September 30, 2024Janaary ' k 2 "- except
as otherwise provided in the Schedule of Performance (Exhibit "D"). Citj,
1
0) days wi-ittei:i notiee pi-iei- te the ---j PC 9.14P euFFeiit eafeenietit tei'm e� its desii-e5
to extend the agFeement. Contractor agrees to provide the services specified in the Scope
of Services, adjusted to the rates that are based upon changes in the Consumer Price Index
(CPI). All Urban Consumers, for Los Angeles -Lon- Bench -Anaheim Riyei-side AFea. as
published by the United States Department of Labor, Bureau of Labor Statistics. for said
additional periods, should the City give the required notice."
C. Exhibit "C" (Schedule of Compensation) of the Agreement is hereby
amended to read in its entirety as follows:
41
1. Contractor shall perform the following tasks at the following rates provided
herein (Contractor to provide all materials, supplies. personnel, etc., inclusive with the rates
provided below unless otherwise expressly specified):
ROUTINE TREE TRIMMING BY ZONE RATE
A. Per tree, small 0-6" DSH $52.654:00
B. Per tree, medium 7-18" DSII $105.35$15:00
C. Per tree, large; over 18"DSH $181.65.40
D. Date palms $99.95:08
E. Mexican fan palms $80.60V5-90
P. Queen, ]Majesty. Kentia. other (King palms .852.65:49-80
are excluded from trimmina as they are self-
cleaning)
REMOVALS
01007 00(ki750575.1
QTY ITEM COST
1,311 PER UNIT
2.109 PER UJVIT&2�,00
1.617 PER UjV171,'?73 2 '
32 PER UNITS2-9W5-90
215 PER UNIT
33 PER UNIT gO
G.
Per inch DSI, complete tree and stump
$'41.909-89
per City
PER UNIT
Request
H.
Per inch DSH. tree removal only
$31.15.$?9-99
per City
PER UNIT
Request
I.
Per inch Dia., stump removal only
$10.75$4-8:88
per City
PER UNIT
Request
TREE PLANTING LABOR ONLY
J.
Per tree. 15 gallon
$52.65-.$498
per City
Request
PER UNIT
K.
Per tree, 24 inch box
$106.40&944- 8
per City
Request
PER UNIT
L.
Per tree, 36 inch box
$267 654P-41)-.00
per City
Request
PER UNIT
Ivl.
Per tree. 48 inch
$375.15Sj4-9-88
per City
Request
PER UNIT
TREE WATERING
N.
Per day, watering of planted trees
$387.00$8-88
per City
PER DAY
Request
CREW RENTAL
0.
Per hour.. 3 people, aerial unit_ dump truck
$96.75 98:881
per City
PER MAN HOUR
& chipper (day call out)
Request
P.
Per hour, emergency work. pursuant to
$129.00W4,001
per City
PER CREW HOUR
Section I(D) of Exhibit A.
Request
NON-ZONE YEAR TRIMMING
Q.
Per tree, Queen Palms
$5165S49,W
457
PER UNI?' ??
(dead fronds and Fruit stalks only)
Inclusive of all labor, tools, equipment.. disposal fees and materials necessary for completing the
emergency work.
4
01M7.0006/7-50575 I
R. Per tree. Ficus benjamina
S. Per tree. Coral trees (crown reduction to
reduce limb loss)
TREE PLANTING PROJECT
T. Per tree. 5aallon
U. Per tree. 15 gallon
TOTALS
552.65$9 88 ;79
$310.65&2-89-08 7;
$50 420
$110 501
All trees a< 7 zones per year, plus 5% Q''33.0 2•
removals, plus non -zone year trimming for
Queen Palms, Ficus benjamina. and Coral
Trees, plus Tree Planting Project.
Total Contract Amount
PER UtVIY I x-48
PER UNIT&+9958
PER UNIT
PER UNITS}x'
PER -; APS
$4,078,179.03 CONTRACT''FERti1
11. Within the budgeted amounts for each Task, and with the approval oi�the Contract
Officer, funds may be shifted from one Task sub -budget to another, with the exception of funds
allotted for the Tree Planting Project, so long as the Contract Sum is not exceeded per Section 2.1.
unless Additional Services are approved per Section I.S.
111. The City will compensate Contractor for the Services performed upon submission
of valid invoice. Each invoice is to include:
A. Line items describing the work performed (including a listing of completed
work by street address, tree species, work performed. and date the work was performed), the
number of hours worked, the hourly rate, and other data as requested by the City.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with
supporting documentation.
D. Line items for all approved subcontractor labor, supplies. equipment, materials.
and travel properly charged to the Services.
E. Each invoice shall include all recycling receipts or proof of reusing and
reducing operations.
0 1007.O0W3/750 i 75. I
IV. The total compensation for the Services shall not exceed 5'4,078,179.03
as provided in Section 2.1 of this Agreement."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 5,
all provisions of the Agreement, Amendment No. 1. Amendment No. 2. Amendment No. 3 and
Amendment No. 4 shall remain unchanged and in full force and effect. From and atter the date of
this Amendment No. 5, whenever the term "Abreement" appears in the Agreement, it shall mean
the Agreement, as amended by this Amendment No. 5. Amendment No. 4. Amendment No. 3.
Amendment No. 2 and Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Abreement. Amendment No. 1, Amendment No. 2. Amendment No. 3 and
Amendment No. 4. 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 and Amendment No. I;
Amendment No. 2, Amendment No. 3 and Amendment No. 4. Each party represents and warrants
to the other that the Agreement, as amended by Amendment No. 1, Amendment No. 2. Amendment
No. 3. Amendment No. 4 and this Amendment No. 5, is currently an effective, valid, and binding
obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 5,
City is not in default of any material term of the Agreement and that there have been no events
that, with the passim of lime or the giving of notice, or both, would constitute a material default
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 5.
Consultant is not in default of any material term of the Agreement and that there have been no
events that, with the passim 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. 5.
5. Authority. The persons executing this Amendment No. 5 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. 5 on behalf of said party, (iii) by so executing this
Amendment No. 5. such party is formally bound to the provisions of this Amendment No. 5, and
(iv) the entering into this Amendment No. 5 does not violate any provision of any other agreement
to which said party is bound,
[SIGNATURES ON FOLLOWING PAGE]
01007 0006/750575. 1
IN WITNESS WHEREOF. the parties hereto have executed this Amendment No. 5 on
the date and year first -above written.
CITY:
CITY CARSUN, a municipal corporation
��% Lt Davis -I lolmes, iVla} or
17
A TES :
c -K -I D
Dr. K ialeah R. Bradshaw. City Clerk
APPROVED AS TO FORM;
ALESHIRE & WYNDER. LLP
Sunny K. Soltani. City Attorney
(0l)
r ON,
;r
CONTWTOR:
NEST CORS RB RI 'TS. INC. a California
corporation
By:
Name: atrick Mahoney
Title: Presid nt
By:
Nat . ichard IVlahoi y
T' e: Assistant Seer ary
Address: 2200 E. �� urton Street
Anaheim; CA 92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULL' NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
NIAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
7
01007.00LA/750i75 I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL
CODE
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 1/19/23
Date
before me, Amelia Menzel, Notary Public
Here Insert Name and Title of the Officer
personally appeared Patrick MahoneV and Richard Mahoney
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persol& whose nam is ar, ,
subscribed to the within instrument and acknowledgeg-Agme tha h ey executed the same in
his/her�t . it authorized capaci fes" -y, and that by.Ws/heQheir`signatur 'on t e instrument the person{&
or the entry upon behalf of which the person(s) acted, executed the instrument.
AMELIA MENZEL
Notary Public - California
4—#.. Orange County >
'
Commission .; 2284387
My Comm. Expires Apr 5, 2023
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my h@r d and offici�l seal.
Signature d, I� Ci.
/ � Signatur
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:
Document Date:
Signer(s) Other Than Named Above;
Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney
® Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: WCA, Inc.
Number of Pages:
Signer's Name: Richard Mahoney
® Corporate Officer — Title(s): Secretary
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: WCA, Inc.
02016 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
AMENDMENT NO.4
TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
("Amendment No. 4") by and between the CITY OF CARSON, a California municipal
corporation ("City") and WEST COAST ARBORISTS, INC., a California corporation
("Contractor") is effective as of the 18th day of October, 2022.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated October 1, 2018, ("Agreement") whereby Contractor agreed to provide professional tree
maintenance services for public parks, various civic facilities, streets and medians in the City,
including tree pruning and maintenance services, mitigation services for risks from tree hazards,
and emergency tree maintenance services ("Services").
B. In August 2017, City was awarded a grant of up to $267,915 from the California
Department of Forestry and Fire Protection ("CAL Fire") for the Carson Tree Expansion &
Improvement Project ("Tree Planting Project") as part of the Urban & Community Forestry
California Climate Investment Grants program.
C. In furtherance of such grant, CAL Fire and the City entered into a grant agreement,
identified as Grant Agreement 8GG16422, which was twice subsequently amended (collectively,
"Grant Agreement").
D. Under the Grant Agreement, the Tree Planting Project consists of the planting of
up to 1,440 trees by March 30, 2021, as part of the City's mitigation efforts to decrease GHG
emissions, as well as for the promotion of urban forestry through educational community outreach.
Under this program, City is to be paid grant monies on a reimbursement basis, which means any
compensation paid by City to any contractor under the Tree Planting Project up to $267,915 is
subject to reimbursement under the Grant Agreement. However, Contractor will perform services
under the Tree Planting Project triggering payment of up to $76,440 of the $267,915 grant monies.
E. The City and Contractor entered into that certain Amendment No. 1 to Agreement
for Contract Services dated January 28, 2020, to implement the Tree Planting Project to add the
Tree Planting Project services to the Services provided for in the Agreement.
F. The Agreement term is for three (3) years, from October 1, 2018 through September
30, 2021, and provides City with three (3) one (1) year options to extend at City's election.
G. The City and Contractor entered into that certain Amendment No. 2 to Agreement
for Contract Services dated September 21 , 2021, to extend the Agreement term by an additional
two (2) months, thereby extending the term to November 30, 2021.
H. City and Contractor entered into that certain Amendment No. 3 to Agreement for
Contract Services dated . March Ica. , 202 _ to further extend the Agreement for (1)
1
01007.0006/826223.1
one year from December 1, 2021 through December 31, 2022, and increase the Contract Sum by
an additional $656,588.03 to bring the new Contract Sum to $2,702,792.12.
I. Now, City and Contractor desire to further amend the Agreement to further extend
the Term for one (1) month from December 31, 2022 through January 31, 2023, and increase the
Contract Sum by an additional $199,000.00 to cover such extension period bringing the new
Contract Sum to $2,901,792.12.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in st-141e ihfeugh):
A. Section 2.1, "Contract Sum," of the Agreement is hereby amended to
read in its entirety as follows:
"Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement
for actual expenses, shall not exceed Two Million Nine Seven Hundred One Two
Thousand Seven Hundred Ninety Two Dollars and 12/100 Cents
($2,901,792.12$2,70-2,792.12) (the "Contract Sum"), unless additional compensation is
approved pursuant to Section 1.10."
B. Section 3.5, "Term," of the Agreement is hereby amended to read in its
entirety as follows:
"3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding
four twee (43) years and three two (33) months from the date hereof, thereby resulting in
expiration of this Agreement on January 31, 202313eeember 34—, 2 ?2, except as otherwise
provided in the Schedule of Performance (Exhibit "D"). City may exercise in its sole
discretion an option to extend this Agreement for an additional term of twenty one INve
(213-?) months, either all at once or incrementally at discretion of City, providing
Contractor thirty (30) days written notice prior to the end of the current agreement term of
its desire to extend the agreement. Contractor agrees to provide the services specified in
the Scope of Services, adjusted to the rates that are based upon changes in the Consumer
Price Index (CPI), All Urban Consumers, for Los Angeles -Anaheim Riverside Area, as
published by the United States Department of Labor, Bureau of Labor Statistics, for said
additional periods, should the City give the required notice."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 4,
all provisions of the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3
shall remain unchanged and in full force and effect. From and after the date of this Amendment
No. 4, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as
2
01007.0006/826223.1
amended by this Amendment No. 4, Amendment No. 3, Amendment No. 2, and Amendment No.
1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement, Amendment No. 1, Amendment No. 2 and Amendment No. 3. 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 and Amendment No. 1, Amendment No. 2 and
Amendment No. 3. Each party represents and warrants to the other that the Agreement, as amended
by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4, is currently
an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No, 4,
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
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 4,
Consultant 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. 4.
5. Authority. The persons executing this Amendment No. 4 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. 4 on behalf of said party, (iii) by so executing this
Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and
(iv) the entering into this Amendment No. 4 does not violate any provision of any other agreement
to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01007.0006/826223.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 on
the date and year first -above written.
A TEST:
, — j 4 0 -
Dr. Khaleah R. Bradshaw, City Clerk OIk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[rill
CITY:
CIT O CARS N, a municipal corporation
a Davis -Holmes, M
D/ -
M
UPvIEx'
CONTRACTOR:
WEST COAST F
corporation
By:
Name. Pteni
ck
Title: P
By:
, INC., a California
Name: Richard Mabne /
Title: Assistant Se e r:rt�on
Address: 2200 E. V' Street
Anaheim, CA 92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 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.
4
01007.0006/826223.1
CALIFORNIA
•.
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 1/13/23
before me, Amelia Menzel, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Patrick Mahoney and Richard Mahoney
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the perso s hose nameC pis'ar
subs c�Hbtgouithhoe within instrument and acknowledged time that #tesla hey executed the same—taisf etrized capaci�lesf,)and that r signatur, i t einstrument the personta}�or thepon behalf of whictffhe perscr6g)(�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.
AMELIA MENZEL WITNESS my hand and official p'al.
'.(♦��.j'^��y Notary Public . California Orange CountyCommission � 2284387 SignatureA,--,Pv;j
My Comm. Expires Apr 5, 2023
Signa ure 4Notary Public
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: 02n o -F 04AMr, -qV,,t -Jyw VV4- } Jb
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney
® Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: WCA, Inc.
Signer's Name: Richard Mahoney
2 Corporate Officer — Title(s): Secretary
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: WCA, Inc.
cc^u^usxcsc �ccc�rrz^ec
02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
AMENDMENT NO.2
TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
("Amendment No. 2") by and between the CITY OF CARSON, a California municipal
corporation ("City") and WEST COAST ARBORISTS, INC., a California corporation
("Contractor") is effective as of the 21 st day of September, 2021.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated October 1, 2018, ("Agreement") whereby Contractor agreed to provide professional tree
maintenance services for public parks, various civic facilities, streets and medians in the City,
including tree pruning and maintenance services, mitigation services for risks from tree hazards,
and emergency tree maintenance services ("Services").
B. In August 2017, City was awarded a grant of up to $267,915 from the California
Department of Forestry and Fire Protection ("CAL Fire") for the Carson Tree Expansion &
Improvement Project ("Tree Planting Project") as part of the Urban & Community Forestry
California Climate Investment Grants program.
C. In furtherance of such grant, CAL Fire and the City entered into a grant
agreement, identified as Grant Agreement 8GG16422, which was twice subsequently amended
(collectively, "Grant Agreement").
D. Under the Grant Agreement, the Tree Planting Project consists of the planting of
up to 1,440 trees by March 30, 2021, as part of the City's mitigation efforts to decrease GHG
emissions, as well as for the promotion of urban forestry through educational community
outreach. Under this program, City is to be paid grant monies on a reimbursement basis, which
means any compensation paid by City to any contractor under the Tree Planting Project up to
$267,915 is subject to reimbursement under the Grant Agreement. However, Contractor will
perform services under the Tree Planting Project triggering payment of up to $76,440 of the
$267,915 grant monies.
E. The City and Contractor entered into that certain Amendment No. 1 to
Agreement for Contract Services dated January 28, 2020, to implement the Tree Planting Project
to add the Tree Planting Project services to the Services provided for in the Agreement.
F. The Agreement term is for three (3) years, from October 1, 2018 through
September 30, 2021, and provides City with three (3) one (1) year options to extend at City's
election. City has opted not to exercise any of such options to extend.
G. Now, the City and Contractor desire to further amend the Agreement tern by an
additional two (2) months, thereby extending the term to November- 30, 2021.
EXHIBIT 1
01007.0006/739584.1
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in strip):
Section 3.5, "Term," of the Agreement is hereby amended to read in its entirety
as follows:
"3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but
not exceeding three (3) years and two (2) months from the date hereof, thereby
resulting in expiration of this Agreement on November 30, 2021, except as
otherwise provided in the Schedule of Performance (Exhibit "D"). City may exercise
in its sole discretion an option to extend this Agreement for an additional term of one
(1) to (3) three years, either all at once or incrementally at discretion of City,
providing Contractor thirty (30) days written notice prior to the end of the current
agreement term of its desire to extend the agreement. Contractor agrees to provide the
services specified in the Scope of Services, adjusted to the rates that are based upon
changes in the Consumer Price Index (CPI), All Urban Consumers, for Los Angeles -
Anaheim Riverside Area, as published by the United States Department of Labor,
Bureau of Labor Statistics, for said additional periods, should the City give the
required notice."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2,
all provisions of the Agreement and Amendment No. 1 shall remain unchanged and in full force
and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement"
appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2
and Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Consultant each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement and Amendment No. 1. 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 and Amendment No. 1. Each party represents and warrants to the other that the
Agreement, as amended by Amendment No. 1 and this Amendment No. 2, is currently an
effective, valid, and binding obligation.
Consultant 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
under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment No. 2,
Consultant is not in default of any material term of the Agreement and that there have been no
EXHIBIT 1 2
01007.0006n39584.1
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 this Amendment No. 2, 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 FOLLOWING PAGE]
EXHIBIT 1
01007.0006/739584.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date and year first -above written.
CITY:
CITY O CARSON, a municipal corporation
L a Davis -Holmes, Ma
AIEE
W. Carroll, Sr. _
Chief Deputy City Clerk �4r
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP,
Sunny K. Soltani, City Attorney
[rill
CONTRACTOR:
WEST COAST ARBORIST ,) INC., a California
corporation /� ' A
Name: 4trick Mahoney
Title: President
By:
Name: Richard Mahoney
Title: Assistant Secreta
Address: West Coast Al
Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Two corporate officer signatures required when Contractor is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. 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.
EXHIBIT I
01007.00061739584.1
4
•RNIA. ALL-PURPOSE ACKNOWLEDGMENT•D
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 1/26/23 before me, Amelia Menzel, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Patrick Mahoney and Richard Mahoney
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persor& whose nam (s ' ae,
subscri the within instrument and acknowledged me that executed the same in
`bi Lh f3eir a horized capacitCes) nd that�`his`h r/their ignatur (� o� strument the perso�
or the y upon behalf of wh'i`clh e perso60cted, executed the instrument.
AMELIA MENZEL
v
'� + '. NOW Public - California
__ ma y t l
,;__i Orange County
Commission A" 228.1387
My COMM. Expires Apr 5, 2023
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my he nd an offici "I se
r/
Signature '�
Signature' of Votary Public
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney
® Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: WCA, Inc.
Number of Pages:
Signer's Name: Richard Mahoney
0 Corporate Officer — Title(s): Secretary
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing: _WCA, Inc.
Q 1 • • • . • • • • • • i•• • i•� i • •i ••