C A L I F O R N I A
M A I N T E N A N C E S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 06/ 2020
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE MAINTENANCE SERVICES CONTRACT Amendment”) is effective as of _______________ by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and WEST COAST ARBORIST INC Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS , the City and Contractor entered into a Maintenance Services Contract dated March 26, 2020 (“Contract”) for the purpose of retaining the services of Contractor to provide an on-going program to plant trees in treeless wells, replace diseased and/or damaged trees, and provide cyclical pruning maintenance to enhance and improve the City's appearance and quality of life; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-1, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.5 of the Contract is hereby amended to extend the termination date to JUNE 30, 2023.
DocuSign Envelope ID: 07C048E1- BD5E- 4714-9AAC-B949F9FACAF3 A22042E- 0119-PW04 N/
0720- 02 ST07/01/2022
City of Emeryville | Maintenance Services Contract Amendment REV 06/ 2020
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 1.3.C of the Contract by ONE HUNDRED FOURTY FOUR
THOUSAND NINE HUNDRED DOLLARS AND NO CENTS
144,900.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FIVE HUNDRED TEN
THOUSAND NINE HUNDRED DOLLARS AND NO CENTS
510,900.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. 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.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 07C048E1- BD5E- 4714-9AAC-B949F9FACAF3 City of Emeryville | Maintenance Services Contract Amendment REV 06/ 2020
6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: WEST COAST ARBORISTS
Signature)
Patrick Mahoney, President
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 07C048E1- BD5E- 4714-9AAC-B949F9FACAF3 08/17/2022
09/18/2022
1 Grid Prune Each $ 148.25
2 Service Request Prune 0-6 DSH Each $ 90.65
3 Service Request Prune 7-12 DSH Each $ 197.35
4 Service Request Prune 13-18 DSH Each $ 314.70
5 Service Request Prune 19-24 DSH Each $ 421.35
6 Service Request Prune 25-30 DSH Each $ 528.00
7 Service Request Prune 31+ DSH Each $ 741.40
8 Coco Palm Prune Each $ 133.35
9 Washingtonia Palm Prune Each $ 240.00
10 Phoenix Canariensis Prune Each $ 432.00
11 Palm Tree Skinning Foot $ 26.65
12 Tree & Stump Removal 0-36 DSH Inch $ 48.00
13 Tree & Stump Removal 37+ DSH Inch $ 69.35
14 Tree Only Removal Inch $ 52.30
15 Stump Only Removal Inch $ 21.30
16 Plant 15 Gallon Tree Each $ 213.35
17 Plant 15 Gallon w/RB Each $ 272.00
18 Plant 24" Box Tree Each $ 453.40
19 Plant 24" Box w/RB Each $ 528.00
20 Plant 36" Box Tree Each $ 1,386.85
21 Plant 36" Box w/RB Each $ 1,573.50
22 Crew Rental - per man Man Hour $ 106.70
23 Emergency Crew Rental - per man Man Hour $ 149.35
24 Specialty Equipment Rental Hour $ 181.35
25 GPS Tree Inventory Each $ 3.20
The proposed rates reflect a cost increase of 5.0% based on the Consumer Price Index for the San Francisco-Oakland-Hayward region published by the US Bureau of Labor Statistics. Upon approval, the rates will be effective beginning 7/1/22 and be valid for 12 months.
CITY OF EMERYVILLE
Item
Schedule of Compensation for Year 2022 - 2023
Tree Maintenance Services performed by WCA, Inc.
Description Unit Proposed Prices
Printed on: 5/ 16/ 2022 5:25:58 AM Page 1 of 1
Exhibit A-1
Revised Hourly Rates
DocuSign Envelope ID: 07C048E1- BD5E- 4714-9AAC-B949F9FACAF3