Approved for use 2/15/20
2034384v3.doc City of MB Form
AMENDMENT NO. 1 TO THE TREE MANAGEMENT SERVICES AGREEMENT
BETWEEN THE CITY OF MANHATTAN BEACH AND WEST COAST
ARBORISTS, INC.
This First Amendment (“Amendment No. 1”) to that certain agreement by and between the City of Manhattan Beach, a California municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation (“Contractor”) (collectively, the “Parties”) is hereby entered into as of April 5, 2022 (“Effective Date”).
RECITALS
A. On December 18, 2019, the City and Contractor entered into an agreement for tree management services for the Consultant to provide citywide tree trimming and maintenance services (“Agreement”);
B. The Parties now desire to amend the Agreement to increase the Extras with a one-time addition of $300,000 to restore and elevate the citywide tree canopy to pre-COVID levels.
NOW, THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereby agree as follows:
Section 1. Section 7 of the Agreement is hereby revised to include a one-time amount of $300,000 for “Extras ,” as described above, to be expended and additional work to be performed by June 30, 2023.
Section 2. Except as specifically amended by this Amendment No. 1, all other provisions of the Agreement shall remain in full force and effect.
IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 1 on the day and year first shown above.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: B7B7851F-B662-4FA8-8798-C757E6A50C85
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Approved for use 2/15/20
2034384v3.doc City of MB Form
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
Consultant:
West Coast Arborists, Inc.,
a California company
By:
Name: Patrick Mahoney
Title: President
By:
Name: Richard Mahoney
Title: Secretary
DocuSign Envelope ID: B7B7851F-B662-4FA8-8798-C757E6A50C85 7/19/2022
7/20/2022
7/26/2022
7/26/2022
8/3/2022
8/3/2022
8/3/2022
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AMENDMENT NO. 3 TO THE TREE MANAGEMENT SERVICES AGREEMENT BETWEEN THE CITY OF MANHATTAN BEACH AND WEST COAST ARBORISTS, INC. and West Coast Arborists, Inc., a California corporation Contractor. The date the City Manager executes this Amendment shall be the date this Amendment is effective RECITALS A. On December 18, 2019, the City and Contractor entered into an Agreement for the Contractor to provide tree management services; B. On April 5, 2022, the Parties amended the Agreement to add a one-time additional compensation of $300,000 in order to restore the City tree canopy to pre-Covid levels; C. On July 20, 2023, the Parties amended the Agreement to extend the term of the Agreement through June 30, 2024 and increase the annual maximum compensation by $8,940.00 for a total annual maximum compensation of $306,940; and D. The Parties now desire to amend the Agreement to increase the total Maximum Compensation for as-needed Extra Work, extend the term, and modify the Fee Schedule based on Amendment No. 2. promises, covenants, and conditions stated herein, the Parties hereby agree as follows: Section 1. Pursuant to Section 3, Term, of the Agreement, the City can extend the Agreement for two additional one-year terms. The Agreement is hereby revised to extend the term of the Agreement through December 31, 2024, unless sooner terminated as provided in Section 12 of the Agreement. Section 2. Section 7, Compensation, of the Agreement is hereby revised to increase the total Maximum Compensation amount by $65,960.00 for as-needed Extra Work, for a new total Maximum Compensation of $2,171,840.00. Section 3. Exhibit B, Fee Schedule of the Agreement shall be amended and restated as attached hereto and incorporated herein as Exhibit B-1. Section 4. Except as specifically amended by this Amendment No. 3, all other provisions of the Agreement shall remain in full force and effect.
-2- Approved for use 6/1/23 2817434v1.doc City of MB Form [SIGNATURE PAGE FOLLOWS]
-3- Approved for use 6/1/23 2817434v1.doc City of MB Form IN WITNESS THEREOF, the Parties hereto have executed this Amendment No. 3 on the day and year first shown above. City: City of Manhattan Beach, a California municipal corporation By: Name: Bruce Moe Title: City Manager ATTEST: By: Name: Liza Tamura Title: City Clerk APPROVED AS TO FORM: By: Name: Quinn M. Barrow Title: City Attorney APPROVED AS TO FISCAL IMPACT: By: Name: Steve S. Charelian Title: Finance Director APPROVED AS TO CONTENT: By: Name: Erick Lee Title: Public Works Director Contractor: West Coast Arborists, Inc. a California corporation By: Name: Patrick Mahoney Title: President By: Name: Richard Mahoney Title: Secretary
-4- Approved for use 6/1/23 2817434v1.doc City of MB Form EXHIBIT B-1 Fiscal Year Not to Exceed Annual Compensation 2019/2020 $ 298,000 2020/2021 $ 298,000 2021/2022 $ 298,000 2022/2023 $ 298,000 2023/2024 $ 306,940 2024/2025 $ 306,940 Extra Work Restore/elevate canopy to pre-COVID level $ 300,000 Extra Work As-needed $ 65,960 Grand Total $2,171,840 FEE SCHEDULE*
-5- Approved for use 6/1/23 2817434v1.doc City of MB Form Contractor may submit a written notice of new billing rates with justification for 31, 2024. Written notice must be provided to the City thirty (30) days prior to any increases in rates. *The above fee schedule rates are associated with the 3% CPI increase approved as part of Amendment No. 2 but was not reflected in Exhibit B.