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
SECOND AMENDMENT
THIS SECOND 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 ARBORISTS 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 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 entered into a first amendment of the Contract on July 1, 2022 for the purpose of increasing the contract amount and extending the termination date of the contract; 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-Revision Number, attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: 7238F580- 202E-49EF-8454-0165054388CF N/A
A20- 02 N/
22139E-0219-PW04
06/28/2023
City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
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, 2024.
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 FORTY NINE
THOUSAND, NINE HUNDRED SEVENTY ONE DOLLARS AND NO
CENTS ($149,971.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SIX HUNDRED SIXTY
THOUSAND, EIGHT HUNDRED SEVETY ONE DOLLARS AND NO
CENTS ($660,871.00).
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: 7238F580- 202E-49EF-8454-0165054388CF City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
SECOND 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, INC
Signature)
Patrick Mahoney, President
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 7238F580- 202E-49EF-8454-0165054388CF 05/31/2023
06/28/2023