1 West Coast Arborists, Inc.
Amendment Three
Rev. 08-2022
A
MENDMENT NUMBER THREE
TO MAINTENANCE SERVICES AGREEMENT
WITH
WEST COAST ARBORISTS, INC.
Thi
s Amendment Number Three (“Amendment”) is made and entered into this 21st day of February, 2023 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and WEST COAST ARBORISTS, INC. , a California corporation (“Contractor”).
W
HEREAS, City and Contractor entered into a Maintenance Services agreement dated October 1, 2019 for Contractor to provide tree maintenance services (the “Agreement”) by piggybacking onto the Encinitas Contract; and
W
HEREAS, the Agreement provided an initial term through November 30, 2021, with the option for the City to extend the term for one (1) successive two (2) year period, contingent upon an extension to the Encinitas Contract; and
W
EHEREAS, the Encinitas Contract was extended for a period of three (3) years, through January 8, 2025; and
W
HEREAS, on November 30, 2021, City and Contractor entered into Amendment Number One which extended the term for two (2) years, through November 30, 2023; and W
EHREAS, on February 17, 2021, City and Contractor entered into Amendment Number Two which increased prices and increased Contractor’s maximum annual compensation to an amount not to exceed Six Hundred Twenty -Eight Thousand Six Hundred Seventy -Nine Dollars and Four Cents ($628,679.04).
W
HEREAS, City now desires to increase Contractor’s maximum comp ensation by One Hundred and Fifty Thousand Dollars ($150,000.00) for a total compensation not to exceed Seven Hundred Seventy -Eight Thousand Six Hundred and Seventy -Nine Dollars and Four Cents ($778,679.04.00).
N
OW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. S
ection 2.1 of the Agreement shall be amended to reflect that Contractor ’s total compensation shall not exceed Seven Hundred Seventy -Eight Thousand Six Hundred and Seventy-Nine Dollars and Four Cents ($778,679.04.00). Contractor shall be paid according to the fee schedule set forth in the Agreement and Amendments to the Agreement.
2. A
ll terms not defined herein shall have the same meaning and use as set forth in the Agreement.
3. A
ll other terms, conditions, and provisions of the Agreement not in conflict with this Amendment shall remain in full force and effect.
ATTACHMENT 1
2 West Coast Arborists, Inc.
Amendment Three
Rev. 08-2022
4. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first written above.
CONTRACTOR
________________________________ Date: __________________________ Signature
________________________________
Name and Title
CITY OF COSTA MESA
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager
ATTEST:
__________________________________
Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
3 West Coast Arborists, Inc.
Amendment Three
Rev. 08-2022
APPROVED AS TO CONTENT:
________________________________ Date: __________________________ Robert Ryan
Project Manager
DEPARTMENTAL APPROVAL:
________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
APPROVED AS TO PURCHASING:
________________________________ Date: __________________________ Carol Molina
Finance Director