Ebix Insurance No. S200000417
AMENDMENT NO. 2
TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
DAVEY TREE SURGERY COMPANY
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Davey Tree Surgery Company a Delaware corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and befinreen the City of Santa Clara, California and Davey Tree Surgery Company dated on or about December 5, 2017 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated on or about January 23, 2020, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide tree trimming services near electric utility lines, and the Parties now wish to amend the Agreement as Amended t4 extend the term and modify the fee schedule and not to exceed value of the Agreement.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 3 of the Agreement as Amended, entitled "Term" is amended to read as follows: Unless otherwise set forth in the Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement as Amended, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate five (5) years from the Effective Date.
2. Exhibit B to the Agreement as Amended, entitled "Fee Schedule" is deleted and replaced with the attached Exhibit B to the Agreement Amended.
Amendment No. 2 to Agreement/ Davey Tree Surgery Page 1 Rev. 04/2020
3. Except as set forth herein, all ether terms and conditions ~f the Agreement as Amended shill remain in full force and effect. 1n case of ~ conflict in the terms ofi tine Agreement as Am~nd~d and this Amendment Na. 2, the provisions of this Amendment N~. 2 shall corrtro).
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the fio!lowing signatures of their duly authorized representatives. ~!~`Y t~F ~AN'~~ CI.ARA, ~~►LIFOf~NSA
a charterer! California municipal corporation
Approved as to Form:
~ (`--"
BRIAN DOY
City Attorney
Dated: ~ i ~ ~1~1rO
;fir DEANN , ~ . SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
CITY"
DAVEY TREE SURGERY COMPANY
a Delaware corporafiion
Dated: April 14, 2020
8Y Signature);
^. . `
Name; Larr~r__ ans,. _.
Title: President/„General. Manager _ ___
Principal Place of
Business Address: 2617 South Vasco Rd. Livermore CA 94550.
Email Address: [email protected]
Telephone: ~9~ 443-1723--- - ------ - -- -
Fax: ~2~_443 ,1751.-- -- - - -- - _
"CONTRACTOR"
Amendment No. 2 to Agreement/ Davey Tree Surgery Page 2 Rev. 04/2020
AMENDMENT NO. 2
TO THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
DAVEY TREE SURGERY COMPANY
EXHIBIT B
COMPENSATION AND FEE SCHEDULE
1. Compensation: The amount billed to City by Contractor for services under this Agreement as Amended will not exceed ten million eight hundred fifty thousand dollars ($10,850,000).
a. Contractor is responsible for notifying City in a timely manner when changes in process such as, but not limited to, additional crews or staff on a single crew or changes in regulations, may result in increased hours or cost. Contractor shall provide reason for the change.
b. Contractor shall notify the City 60 days in advance of any changes anticipated to affect future rates. At such time, Contractor and City will enter into negotiations to amend this agreement to reflect proposed updated rates.
2. Fee Schedule
a. Composite Billing Rate (Time and Materials): The Composite Billing Rates (per person} listed below are used for all Regular Time and Overtime work in the City of Santa Clara.
Com osite Billin Rate
Period
Regular
Time* Overtime
Double
Time
12R/2017 - 6/30/2018 $61.25 $73.50 $86.97
7/1/2018 - 6/30/2019 $63.08 $75.70 $89.58
7/1/2019 - 12/31/2019 $64.98 $77.97 $92.26
1/1/2020 - 5/31/2020 $103.92 $161.07$161.07
6/1/2020 - 5/31/2021 $107.04 $165.90$165.90
6/1/2021 - 5/31/2022 $110.25 $170.88$170.88
6/1 /2022 - 12/31 /2022 $113.56 $176.01$176.01
b. General Foreperson: For Regular Time, the general foreperson is included in the Composite Billing rate for regular hours. For overtime hours, the overtime rate in the Component Schedule in this Amendment is applied for hours worked.
Amendment No. 2 to Agreement/ Davey Tree Surgery Page 3 Rev. 04/2020
General Fore erson Rate
12/7/2019 - 6/1/2020 - 6/1/2021 -
5/3112020 5/31/2021 5/31/2022 6/1/2022 - 12/31/2022
Straight Straight Straight Straight
Time OvertimeTime OvertimeTime OvertimeTime Overtime
General
Foreperson $114.60$177.63$118.04 $182.96$121.58$188.45$125.23 $194.10 c. Pass-Through Costs: In some cases, Contractor may pass-through cost such as, but not limited to: dump fees, subcontracted activities (such as third party traffic control), rental of equipment (such as heavy equipment including cranes, or log loaders), or receive other services (such as debris box rental) to complete activities required by the City. When these Pass- Through Costs occur, Contractor will invoice SVP for these costs with a markup not to exceed 5%. Contractor shall provide supporting documentation such as invoices or receipts for all Pass-Through costs.
Except in the case of emergency, Contractor will notify the City in advance when these costs are anticipated.
d. Reporting: Included in the Composite Billing Rates specified above, Contractor will reasonably support SVP in transition to a vegetation management program and, once implemented, will provide data in a format that can be used by the selected program. SVP will include Contractor where practical in selection of system to assure compatibility with Contractor's systems and activities. Contractor will provide currently available reports where requested to support SVP's vegetation management planning activities.
Amendment No. 2 to Agreement/ Davey Tree Surgery Page 4 Rev. 04/2020