RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Third Amendment With West Coast Arborists Inc.
Maintenance To Add Additional Tree Trimming And Removal Maintenance For A Total Increased Amount of $75,000, And A Total Not To Exceed Contract Amount of $735,871.
WHEREAS, the City entered into a Maintenance Tree Maintenance and Tree Removal Service Contract (Agreement) with West Coast Arborists Inc. on March 26, 2020 for various locations throughout the City, and
WHEREAS, the City and Contractor entered into a First Amendment to 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 entered into a Second Amendment to the Contract on June 28, 2023 for the purpose of increasing the contract amount and extending the termination date of the contract; and
WHEREAS, for fiscal year 2023-24, as a result of the intense 2024 winter storm season, an additional amount of $75,000 is necessary to fulfill the City’s needs until the contract expiration date of June 30, 2024; and
WHEREAS, a Third Contract Amendment to the Agreement is needed to pay for these additional services; and
WHEREAS, the approved operating budget for fiscal year 2023-24 includes sufficient funds in account 4050-77520 to cover the cost of Tree Maintenance Services; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to enter into a Third Amendment to the Tree Maintenance Service Contract with West Coast Arborists Inc., attached hereto as Exhibit A, to increase the contract amount by $75,000, for a total not to exceed contract amount of $735,871.
DocuSign Envelope ID: F5C9D7A2-A0F0-444E-8A7D-5C7DB3CF84F2 Resolution No. _____
Third Amendment to West Coast Arborists Tree Trimming & Removal Maintenance Contract City Council Meeting | March 5, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, March 5, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Professional Service Contract Third Amendment including Exhibit A – Contractor Proposal DocuSign Envelope ID: F5C9D7A2-A0F0-444E-8A7D-5C7DB3CF84F2
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
3RD AMENDMENT
THIS THIRD 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 the City and Contractor entered into a Maintenance Services Contract to provide on-going tree trimming, tree removal, stump removal, program to plant trees in, replace diseased and/or damaged trees, and provide cyclical pruning maintenance to enhanceand improve the City’s appearance and quality of life; and; and WHEREAS, The City Manager to Execute a Third Amendment to West Coast Arborist Services Inc. Maintenance Contract of $660,687 to Add Additional Tree Trimming and removal Maintenance for City of Emeryville For A Total Increased Annual Amount of $75,000.00, And A Total Not To Exceed Contract Amount of $735,871.00
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 AWCA Exhibit
A_2024-02-07-10-48-24.pdf
;
OR
DocuSign Envelope ID: 94ED03A5-EC36-417F-922F-4A91CF1BC2B8 DocuSign Envelope ID: F5C9D7A2-A0F0-444E-8A7D-5C7DB3CF84F2 City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
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.
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 SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($75,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed SEVEN HUNDRED
THIRTY FIVE THOUSAND DOLLARS AND EIGHT HUNDRED AND
SEVENTY ONE DOLLARS AND NO CENTS ($735,871.00).
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: 94ED03A5-EC36-417F-922F-4A91CF1BC2B8 DocuSign Envelope ID: F5C9D7A2-A0F0-444E-8A7D-5C7DB3CF84F2 City of Emeryville | Maintenance Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO MAINTENANCE SERVICES CONTRACT
THIRD 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 ARBORIST, INC
(Signature)
Patrick Mahoney, President
Attach:
W-9 Form
Attach:
Business License Certificate
DocuSign Envelope ID: 94ED03A5-EC36-417F-922F-4A91CF1BC2B8 02/16/2024
DocuSign Envelope ID: F5C9D7A2-A0F0-444E-8A7D-5C7DB3CF84F2 DocuSign Envelope ID: F5C9D7A2-A0F0-444E-8A7D-5C7DB3CF84F2