1 SECOND A M E N D M E N T T O A G R E E M E N T
THIS SECOND AMENDMENT TO AGREEMENT, dated for purposes of identification only this day of , 2026 is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
WEST COAST ARBORISTS, INC., a California
corporation, hereinafter referred to as to as
"CONTRACTOR."
W I T N E S S E T H:
WHEREAS, the parties have previously entered into a written agreement dated November 24, 2020 and a First Amendment to Agreement dated June 28, 2023, for tree trimming and power line clearance services (hereinafter, the “Agreement”); and WHEREAS, the parties wish to amend the Agreement to increase the total fees to be paid CONTRACTOR.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. That Section 4.2 of the Agreement (“Compensation”) is hereby amended in its entirety to read as follows:
“4.2 It is understood by and agreed between the parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all labor, materials, equipment, permits, transportation, subcontractor fees, and reimbursable items, if any, shall not exceed Five Million, Four Hundred Twenty-Nine Thousand, One 2 Hundred Eleven Dollars and No/100 Cents ($5,429,111.00) per year for the Term of the Agreement (“Contract Amount”).”
2. That Section 4.3 of the Agreement (“Compensation”) is hereby amended in its entirety to read as follows
“4.3 Extra Work. The Purchasing Agent is authorized to approve additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount of ten percent (10%) of the Contract Amount provided above, if the Purchasing Agent determines, in their sole discretion, that the additional Extra Work is necessary for the successful completion of the Services. .01 In no event shall CONSULTANT render Extra Work
beyond the scope of this Agreement without the written authorization of the Purchasing Agent.
.02 All Extra Work approved in writing by the Purchasing Agent shall be billed at either the rates set forth in the Fee Schedule or at a fixed price, at ANAHEIM’s sole discretion. If billed at a fixed price, CONSULTANT shall provide ANAHEIM with general description of the Extra Work to be performed with a proposed price. At such time as the Purchasing Agent has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSULTANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work. .03 Except as specifically provided herein, no additional Services or Extra Work beyond the scope of this Agreement shall be rendered by CONSULTANT unless previously authorized in writing by the Purchasing Agent.
.04 As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Scope of Services and which 3 the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.”
3. Except as expressly amended hereby, all the remaining provisions of the Agreement, as amended, shall remain in full force and effect.
4. CONTRACTOR and CONTRACTOR's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Second Amendment to Agreement on behalf of CONTRACTOR and to bind CONTRACTOR hereto.
5. This Second Amendment to the Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM.
[Signatures Appear on Following Page]
4 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Agreement to be executed on the dates hereinafter respectively set forth.
CITY OF ANAHEIM,
a municipal corporation
DATE OF EXECUTION:
By_________________________________
Ed Segura, Purchasing Agent
ATTEST:
By_________________________________
City Clerk of the City of Anaheim
"ANAHEIM"
WEST COAST ARBORISTS, INC., a
California corporation
DATE OF EXECUTION: By__________________________________ Printed Name_________________________
Title________________________________
"CONTRACTOR"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By____________________________
Bryn M. Morley
Deputy City Attorney
Date_____________________
158921