HomeMy WebLinkAbout4th Amendment - West Coast Arborists, Inc.FOURTH AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
This Fourth Amendment to Maintenance Services Agreement ("Fourth Amendment")
is made and entered into as of June 20, 2023, by and between the City of Diamond Bar, a
municipal corporation ("City"), and West Coast Arborists, Inc. (herein referred to as the
"Contractor") with reference to the following:
A. The City and the Contractor entered into that certain Maintenance Services
Agreement dated as of June 19, 2018, which is incorporated herein by this reference (the
"Original Agreement"); and
B. The City and the Contractor entered into that certain First Amendment dated
as of March 5, 2019, which is incorporated herein by this reference ("First Amendment"),
which First Amendment and Original Agreement collectively are referred to herein as the
"Agreement");
C. The City and the Contractor entered into that certain Second Amendment
dated as of June 15, 2021, which is incorporated herein by this reference ("Second
Amendment"), which Second Amendment and Original Agreement collectively are referred
to herein as the "Agreement");
D. The City and the Contractor entered into that certain Third Amendment dated
as of June 21, 2022, which is incorporated herein by this reference ("Third Amendment"),
which Third Amendment and Original Agreement collectively are referred to herein as the
"Agreement");
herein.
E. The City and the Contractor desire to amend the Agreement as provided
NOW, THEREFORE, the parties hereby agree as follows:
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.
2, Revised Scope of Services. The Scope of Services, Exhibit "A" to the
Original Agreement and First Amendment, is hereby amended, modified and
supplemented to include the services described on Exhibit "A" attached hereto and
incorporated herein by this reference.
3. Term. The Term of the Agreement as set forth in Section 3 therein is from
July 1, 2022 to June 30, 2023. This Fourth Amendment extends the Term up to and
including June 30, 2024.
1293503.1
4 Compensation. The total noHo-exceed compensation set forth in Section 3
of the Original Agreement was the sum of three hundred fifty thousand eight hundred
thirteen dollars ($380,632) per fiscal year. Section 3 of the Original Agreement is hereby
amended to provide for an increase of forty-two thousand eight hundred sixty-eight dollars
($42,868) per fiscal year so that the total not4o-exceed compensation, as amended by this
Third Amendment shall not exceed four hundred twenty-three thousand five hundred
dollars ($423,500) per fiscal year without the prior authorization of the City.
5. Integration. This Fourth Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all prior
negotiations between the parties with respect hereto. This Third Amendment amends, as
set forth herein, the Agreement and except as specifically amended hereby, the 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 Third Amendment and the terms and provisions
of the Agreement, the terms and provisions of this Fourth Amendment shall control.
IN WITNESS hereof, the parties enter into this Third Amendment on the year and
day first above written.
"CONTRACTOR"
WEST COAST ARBORISTS, INC
Printed ame: Pa
Title: President
*By. —
Printed
Title:
ame:
"CITY"
CITY OF DIAMOND BAR
By: /
Dan Fox
City Manager
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
''NOTE: If Contractor is a corporation, the City requires fhe following slgnature(s):
-- (1) the Chairman of the Board, the President or aVice-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.
-�j
Ti ee Care Professionals Serving Communities YVho Care out Ti ees
March 16, 2023
CITY OF DIAMOND BAR
ATTN: ANTHONY JORDAN
21810 COPLEY DRIVE
DIAMOND BAR, CA 91765
RE: Tree Maintenance Services performed by WCA, Inc.
Dear Mr. Jordan,
www.WCAINC.com
We at West Coast Arborists, Inc. are committed to offering you the quality, integrity, and customer service
you expect and deserve from a tree care provider. We would like to take this opportunity to express our
gratitude to you and your staff for your commitment to a thriving urban forest. We are approaching the end
of the fifth year of the current agreement and have greatly appreciated your support and business
relationship.
Since the contract originated, we have realized substantial cost increases to our operations, particularly in
labor, fuel, recycling, and insurance premiums. As a result, we respectfully request a slight cost adjustment of
2.80% based on the Consumer Price Index (CPI) for the region from the previous calendar year, as published
by the Department of Labor's Bureau of Labor Statistics:
Effective Date:
CPI Adjustment Requested:
Region Area:
July 01, 2023
2.80%
Los Angeles -Long Beach -Anaheim
We greatly appreciate your consideration in this matter through this time of growth and change. It is our
goal to continue as your urban forest management and maintenance service provider. Should you have any
questions or require additional information, please do not hesitate to email me at vaonzalez@wcainc.com or
call meat (800) 521-3714.
Sincerely,
Victor M. Gonzalez
Vice President, Business Development
CITY OF DIAMOND BAR
Schedule of Compensation for Year 2023 = 2024
Tree Maintenance Services performed by M.A. Inc.
1 Grid Pruning Each $66.15
2 Liquidambar Pruning Each $88.85
3 Silk Oak Pruning Each $148420
4 Full Pruning 0-6 DBH Each $66.15
5 Full Pruning 7-12 DBH Each $111,70
6 Full Pruning 13-18 DBH Each $168,60
7 Full Pruning 19-24 DBH Each $225065
8 Full Pruning 25-36 DBH Each $339,75
9 Full Pruning 37+ DBH Each $567065
10 Palm Pruning Each $66.15
11 Tree & Stump Removal 0-24 DBH Each $450425
12 Tree & Stump Removal 25+ DBH Each $1,020,30
13 Tree Only Removal 0-24 DBH Each $450,25
14 Tree Only Removal 25+ DBH Each $1,020,30
15 Stump Only Removal Each $108030
16 Root Pruning Each $222630
17 Plant 15 Gallon w/o RB Each $199045
18 Plant 15 Gallon w/RB Each $227,95
19 Plant 24" Box w/o RB Each $279430
20 Plant 24" Box w/RB Each $393020
21 Plant 24" Box - City Furnished Each $165,30
22 Plant 36" Box w/o RB Each $1,083600
23 Plant 36" Box w/RB Each $1,134425
24 Tree Watering Each $28.50
25 Pest Control Application Each $222,30
26 Arborist Services Man Hour $193080
27 Specialty Equipment Rental Hour $96.90
28 Crane Rental - 15 ton Hour $227,95
29 Crew Rental - per man Man Hour $96.90
30 Emergency Call Out - per man Man Hour $114000
The proposed rates reflect a cost adjustment of 2.8% based on the Consumer Price Index-W for the LA -Anaheim -Long Beach
region. Upon approval, the new rates will be effective on 7/1/23 and valid for 12 months thereafter.
Printed on: 4/24/2023 3:56:38 PM Page 2 of 2