AGR-6299.5 - WEST COAST ARBORISTS INCDocuSign Envelope ID:72B67829-A3FB-4EFD-8E33-2F3CA6F62DOF FAGR-6299.5
FIFTH AMENDMENT
TO
TREE MAINTENANCE SERVICES AGREEMENT
RFP NO. 156-05]
THIS FIFTH AMENDMENT TO TREE MAINTENANCE SERVICES
AGREEMENT (the "Fifth Amendment") is made and entered into as of February 15
2023 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), 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, 2016, which is incorporated herein by this reference (the
Original Agreement"); and
B. City and Contractor amended the Original Agreement to revise the Scope of
Services and increase the compensation by a First Amendment to Tree Maintenance Services
Agreement (Agreement No. 6299.1) dated November 14, 2017, which is incorporated herein by
this reference (the"First Amendment"); and
C. City and Contractor amended the Original Agreement to revise the Scope of
Services and increase the compensation by a Second Amendment to Tree Maintenance Services
Agreement (Agreement No. 6299.2) dated May 30, 2018, which is incorporated herein by this
reference(the"Second Amendment"); and
D. City and Contractor amended the Original Agreement to revise the Scope of
Services, extend the term, revise the insurance requirements, and increase the compensation by a
Third Amendment to Tree Maintenance Services Agreement (Agreement No. 6299.3) dated
November 10,2020,which is incorporated herein by this reference (the"Third Amendment"); and
E. City and Contractor amended the Original Agreement to extend the term and
increase the compensation by a Fourth Amendment to Tree Maintenance Services Agreement
Agreement No. 6299.4) dated June 14, 2022, which is incorporated herein by this reference (the
Fourth Amendment"); and
F. City and Contractor desire to further amend the Original Agreement to modify,
amend and supplement certain portions of the Original Agreement to 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.
DocuSign Envelope ID:72B67829-A3FB-4EFD-8E33-2F3CA6F62DOF
Section 2. Cross-References. City and Contractor agree that all references in this
Fifth Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this Fifth Amendment.
Section 3. Compensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Article 3 of the Original Agreement is increased by TWENTY-NINE
THOUSAND EIGHT HUNDRED SEVENTY-FOUR DOLLARS and 00/100 ($29,874.00) and
the first paragraph of Article 3 is hereby amended in its entirety to read as follows:
For the Second Extension Term, the Contractor agrees to receive and accept
payment based on the costs presented in each monthly invoice and as defined in the
Contractor's proposal which is part of this Agreement. The annual amount of this
Agreement shall not exceed the amount of EIGHT HUNDRED SEVENTY-SIX
THOUSAND ONE HUNDRED NINETY-FOUR DOLLARS and 00/100
876,194.00) as full compensation for furnishing all materials and doing all the
Work contemplated and embraced in this Agreement on an annual basis; also for all
loss or damage arising out of the nature of the Work aforesaid; or from the acts of
the elements, or from any unforeseen difficulties,or obstructions which may arise or
be encountered in the prosecution of the Work until its acceptance by City, and all
risks of every description connected with the Work, also for all expenses incurred
by or in consequence of the suspension or discontinuance of the Work, and for well
and faithfully completing the Work, and for the whole thereof, in the manner and
according to the plans and specifications, and requirements of the Authorized City
Representative under them."
Section 4. Authority of City Manager. Pursuant to Chapter 3.08 of the Orange
Municipal Code, the City Manager is authorized to approve and execute amendments to the
Contract to adjust the compensation as provided herein.
Section 5. Integration. This Fifth 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 inconsistency between
the terms and provisions of this Fifth Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this Fifth Amendment shall control and govern the rights
and obligations of the parties.
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IN WITNESS of this Fifth Amendment, the parties enter into this Fifth Amendment on
the year and day first above written.
CONTRACTOR" CITY"
WEST COAST ARBORISTS, INC., CITY OF ORANGE, a municipal corporation
a California corporation DocuSigned by: .
Docusig fled by:
ew as C. CS,I.
a
By ` C1COGi"4JODD3405...
By. \--324C79FBEE1F4Fc. Tom Kisela, Interim City Manager
Printed Name:Patrick Mahoney
Title:President
DocuSigned by:
By: C a Q "APPROVED AS TO FORM:
CC9F9
RD MAHONEYPrintedName: DocuSigned by:
Title: Secretary 51v
07Br 1 e2A2S n 1451...
Mary E. Binning, 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.
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