AGR-6987.2_____
SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Landscape Maintenance Services for City Facilities and Rights of Way]
THIS SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2023, 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. 6987) dated June 9, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to revise the Scope of S ervices and increase the compensation by a First Amendment to Maintenance Services Agreement (Agreement No. 6987.1) dated April 20, 2023, which is incorporated herein by this reference ( the “First Amendment”); and
C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the Scope of Services 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. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment.
Section 3. Additional Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended and supplemented to include the additional 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 SIXTY THOUSAND DOLLARS and 00/100 ($60,000.00) and Section 2.a is hereby amended in its entirety to read as follow:
“Contractor’s total compensation for all services performed under this Agreement, shall not exceed ONE MILLION THREE HUNDRED THIRTY- ONE THOUSAND FIVE HUNDRED SEVENTY- SIX DOLLARS and
11/100 ($1,331,576.11) without the prior written authorization of City” 2 Section 5. Integration. This Second 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 Second Amendment amends, as set forth herein, the Original Agreement and the First Amendment and, except as specifically amended hereby, the Original Agreement and the First Amendment shall remain in full force and effect. To the extent that there is any conflict or inconsis tency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement and/or the First Amendment, the terms and provisions of this Second 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. CITY OF ORANGE, a municipal corporation a California corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Melissa M. Crosthwaite,
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”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
Alan Truong
City of Orange
300 E. Chapman Avenue
Orange, CA 92866
June 29, 2023
RE: SANTIAGO CREEK MONTHLY DEBRIS REMOVAL – Remedial Landscape Services
Dear Alan,
Nieves Landscape Inc. is pleased to submit the following updated proposal to perform monthly debris removal from Santiago Creek (see zones and acreage listed below) within the City of Orange. The scope of work and locations per the email from Alan Truong (City of Orange) dated February 8, 2023.
The proposal has been prepared per your instructions and emails. Disposal of the removed debris to be paid by the city and dumping locations to be coordinated with the city representative.
Total Labor and Equipment - ZONE 1 (Monthly Amount): $2,548.77 Total Labor and Equipment - ZONE 2 (Monthly Amount): $308.16 Total Labor and Equipment - ZONE 3 (Monthly Amount): $366.33 Total Labor and Equipment - ZONE 4 (Monthly Amount): $374.80 Total Labor and Equipment - ZONE 5 (Monthly Amount): $488.22 Total Labor and Equipment - ZONE 6 (Monthly Amount): $913.72
This bid is based on landscape maintenance prevailing wage rates. Exclusion: any forms of trimming of plant materials, removal of illegally dumped materials/ items, removal of hazardous materials. This proposal shall be valid for a period of (30) days from the date of this proposal. If you have any questions or need additional information, please call us at (714) 641-3071 or email [email protected]. If you decide to proceed with this proposal, please sign and return for prompt scheduling.
Sincerely,
Joshua Cho
Business Development
Approved: