FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES FOR
STREETSCAPE MAINTENANCE
This First Amendment to the Agreement for Maintenance Services for Streetscapes (this “First Amendment”) is made and entered into on this 1st day of July, 2025, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Colts Landscape, Inc., a California corporation with its principal place of business located at 12111 Chapman Avenue, Garden Grove, California 92840 (“Contractor”).
R E C I T A L S:
City and Contractor entered into that certain Agreement for Maintenance Services for Streetscapes (the “Agreement”) on June 7, 2022.
Section 3.1.2 of the Agreement specifies an initial term of July 1, 2022 through June 30, 2025, with the option to extend the total Agreement term by up to two (2) one-year extensions.
City and Contractor desire to amend the Agreement to exercise the first one-year term extension, to provide for Streetscape maintenance services from July 1, 2025 to June 30, 2026.
Exhibit B of the Agreement (Schedule of Maintenance Services, Contractor's Bid Proposal) specifies the Total Per Year Cost of $305,072.04 for the first one-year term extension.
City and Contractor desire to amend the Agreement increasing the Total Per Year base cost from $296,186.52 for the initial term, to $305,072.00 (rounded) for the first one-year term extension of July 1, 2025 through June 30, 2026, with $46,118.00 in supplemental services for a total not to exceed contract cost of $351,190.00.
City and Contractor desire to amend the Agreement in the manner provided herein.
Covenants
The Parties hereby agree as follows:
Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:
3.1.2 Term.
The term of the Agreement shall be from July 1, 2022 and shall continue and remain in effect until June 30, 2026, unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:
3.3.1 Compensation.
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2025, shall not exceed One Million, Fifty-Three Thousand, Five Hundred Fifty-Nine DOLLARS and Fifty-Six CENTS ($1,053,559.56), which includes an annual supplement of Fifty-Five Thousand DOLLARS ($55,000.00), without prior written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first one-year term extension through June 30, 2026, shall not exceed Three Hundred Fifty-One Thousand, One Hundred Ninety DOLLARS and Zero CENTS ($351,190.00) annually, which includes an annual supplement of Forty-Six Thousand, One Hundred Eighteen DOLLARS and Zero CENTS ($46,118.00). Extra work may be pre-authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.
Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures and effective as of the date first entered above.
CITY OF SAN CLEMENTE
By: ________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
COLTS LANDSCAPE, INC.,
a California corporation
(“CONTRACTOR”)
By:
Alfredo Jose Jimenez, CEO/CFO/Secretary
Dated: _________________, 2025
Exhibit “B”
BID Proposal form
(Included on the following pages)
4926-0669-0391 v1 2 of 3
i:\cy\secure\maintservices\contracts - new 2018 & newer\- 2025 extensions\3 - streetscapes\...legistar\att. 2 - first amdt to msa - streetscapes - colts - contract c22-33 km 08.14.25.docx 08.14.25 Attachment 2