FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Landscape Maintenance Services for Santiago Hills Assessment District]
THIS FIRST AMENDMENT TO MAINTENANCE SERVICE S AGREEMENT (the “First Amendment”) is made and entered i nto ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and NIEVES LANDSCAPE INC., a California corporation (“Contractor”), with reference to the following:
A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 7167) dated April 13, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, ame nd and supplement certain por tions of the Original Agreement by amending the scope of services and increasing 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. City and Contractor hereby agree that all references in this First Amendment are deemed and construed to refer to the Original Agreement, as implemented by this First Amendment.
Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4. Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by TWO HUNDRED SIXTY-TWO THOUSAND SEVEN HUNDRED TH IRTY-FIVE DOLLARS and 00/100 ($262,735.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE MILLION FOUR HUNDRED NINETY-SIX THOUSAND EIGHT HUNDRED SEVENTY-FIVE DOLLARS and 00/100
($1,496,875.00) without the prior written authorization of City.”
Section 4. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or incon sistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Agreement, the parties enter into this Agreement on the year and day first above written.
“CONTRACTOR” “CITY”
NIEVES LANDSCAPE INC., a California CITY OF ORANGE, a municipal corporation corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary Binning
Senior Assistant City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Consultant:
-- (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”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
Nathan Bluhm April 21, 2022
CITY OF ORANGE
230 E. Chapman Ave.
Orange, CA 92866
RE: 201-51 SANTIAGO HILLS – Remedial Maintenance/Repair Work on Nine Medians
Dear Nathan,
Nieves Landscape Inc. is pleased to submit the following maintenance/repair proposal to provide scope of work described below.
1. Demo and remove existing turf and thatch to 4” below existing grade.
2. All material for demolition is to be removed off site at Contractor's expense.
3. Adjust grade to provide a 6” minimum depression/swale in center of median and mounding along perimeter of median to provide a 2’ wide ledge at 2” below top of curb.
4. Supply all equipment, material and labor necessary to modify existin g irrigation system, utilizing existing valves and moving existing sprinkler heads to provide 2’ minimum clearance from back of curb towards the center of median, and install new low -volume Spray-Rotor Nozzles at each head as necessary to provide head -to-head coverage, cap any unnecessary heads.
5. Install 1 Gallon Myoporum parvifolium (creeping Myoporum) at 3’ on center to cover a total planting area less the two-foot band away from all curbing. Total square footage of planted area is approximately 45,000 square feet.
6. Install 3” minimum layer of Forest Floor mulch to completely cover all nine medians.
7. The nine medians are as listed: three on Santiago Canyon Road, three on Chapman Avenue, two on Newport & one on White Oak. Total Square footage of all medians is approximately 58,000 square feet.
Total Material & Labor: $238,850.00
This proposal is based on landscape maintenance prevailing wage rates and pricing is valid for a period of ( 30) days from the date of this proposal. Please feel free to call our office if you require further information at (714) 641-3071 or email [email protected] . If you decide to proceed with this proposal, please sign below and send back to us for prompt scheduling.
Sincerely,
NIEVES LANDSCAPE, INC.
Walter Sato
General Manager
WS/ws
Accepted: ___________________________________________ Date: ______________________