Agr-6299.4
FOURTH AMENDMENT
TO
TREE MAINTENANCE SERVICES AGREEMENT
[RFP No. 156-05]
This FOURTH AMENDMENT TO TREE MAINTENANCE SERVICES AGREEMENT (“Fourth Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“Cit y”), and WEST COAST ARBORISTS , INC., a California corporation (“Contractor”), with reference to the following:
A. City and Contractor entered into a Tree Maintenance Services Agreement (Agreement No. 6299) dated January 14 , 201 6, which is incorporated herein by this reference ( “Original Agreement”); and
B. City and Contractor entered into a First Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.1) dated November 1 4, 2017 (“First Amendment”) to revise the Scope of Services and increase the compensation. The First Amendment is incorporated herein by this reference; and
C. City and Contractor entered into a Second Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.2) dated May 30, 2018 (“Second Amendment”) to revise the Scope of Services and increase the compensation. The Second Amendment is incorporated herein by this reference; and
D. City and Contractor entered into a Third Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.3) dated No vember 10, 2020 (“Third Amendment”) to revise the extension terms, exercise the First Extension, revise the insurance requirements and increase the compensation. The Third Amendment is incorporated herein by this reference; and
E. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to exercise the Second Extension and increase the compensation.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. The City and Contractor agree that all references in this Fourth Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Fourth Amendment.
Section 3. Extension of Term. Pursuant to Article 2 of the Original Agreement, the City hereby extends the Term of this Agreement to reflect the Second Extension Term, commencing on July 1, 2022, and terminating on June 30, 2023.
2 Section 4. Compensation.
A. Article 3 of the Original Agreement is hereby amended to increase the compensation for the Second Extension Term to include a 2% increase based on the Consumer Price Index and a 2.5% increase based on the additional required insurance . The total not -to-exceed compensation for the Second Extension Term (exclusive of reimbursables) set forth in Article 3 is hereby amended to provide for a total not -to-exceed compensation due to Contractor of EIGHT HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY and 00/100 ($846,320.00), which compensation may not be increased without the prior written authorization of the City.
B. Said compensation shall be payable according to Exhibit “A,” the Schedule of Compensation for Year 2022-2023, attached hereto and incorporated herein by reference.
Section 5. Integration. This Fourth Amendment, the agreements specifically referred to herein, and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect to the subject matter hereof. This Fourth Amendment amends, as set forth herein, the Original Agreement and the First, Second and Third Amendments and, except as specifically amended hereby, the Original Agreement as amended, shall remain in full force and effect. To the extent that there is any conflict or i nconsistency between the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement , as amended, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.
[Remainder of page intentionally left blank; signatures on next page]
3 IN WITNESS of this Agreement, the parties enter into this Fourth Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
WEST COAST ARBORISTS, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:
Printed Name Mark A. Murphy, Mayor
Title:
ATTEST:
*By:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
EXHIBIT “A”
SCHEDULE OF COMPENSATION FOR YEAR 2022-2023
[Behind this page.]
1 Grid Pruning
Each
$52.40
2 Routine Palm Pruning
Each
$74.25
3 Palm Skinning
Foot
$21.85
4 Ficus Topiary Pruning
Each
$194.35
5 Tree & Stump Removal
Inch
$40.40
6 Tree Only Removal
Inch
$25.15
7 Stump Only Removal
Inch
$15.30
8 Plant 15 Gallon Tree
Each
$152.90
9 Plant 24" Box Tree
Each
$278.45
10 Plant 36" Box Tree
Each
$540.55
11 Plant 48" Box Tree
Each
$868.15
12 Tree Watering
Day
$698.90
13 Root Pruning
Foot
$27.25
14 ISA Certified Arborist
Man Hour
$163.80
15 Crew Rental - 3 men
Hour
$262.05
16 Crew Rental - per man
Man Hour
$87.35
17 Emergency Response - 3 men
Hour
$360.30
18 Emergency Response - per man
Man Hour
$120.10
The proposed rates are based on a cost adjustment of 4.5% based on the maximum allowed Consumer Price Index (CPI) of 2.0%
and 2.5% to offset the cost to for the additional insurance coverage required by the City of Orange. Rates are effective 7/1/22 and
valid until 6/30/2023.
CITY OF ORANGE - Public Works
Item
Schedule of Compensation for Year 2022 - 2023
Tree Maintenance Services performed by WCA, Inc.
Description
Unit
Proposed Prices
Printed on: 5/10/2022 5:53:29 AM