19-170 Amendment #4 dated 3-1-23 On call arborist services1
FOURTH AMENDMENT TO AGREEMENT 19-170
BETWEEN THE CITY OF CUPERTINO AND WEST
COAST ARBORISTS, INC. FOR ON CALL ARBORIST
SERVICES
This Fourth Amendment to Agreement 19-170 between the City of Cupertino and West Coast
Arborist, Inc. is by and between the City of Cupertino, a municipal corporation (hereinafter "City")
and West Coast Arborist, Inc., a corporation (“Contractor”) whose address is 2200 E. Via Burton,
Anaheim, CA 92806, and is made with reference to the following:
RECITALS:
A. On October 16, 2019, Agreement 19-170 (“Agreement”) was entered into by and
between City and Contractor for on call arborist services.
B. On June 22, 2021, City and Consultant entered into a First Amendment to the
Agreement.
C. On March 29, 2022, City and Consultant entered into a Second Amendment to the
Agreement.
D. On July 27, 2022, City and Consultant entered into a Third Amendment to the
Agreement.
E. City and Contractor desire to modify the Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 4 of the Agreement is modified to read as follows:
COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to
exceed $75,000 ("Contract Price"), based upon the Scope of Services in Exhibit A and the
budget and rates included. The maximum compensation includes all expenses and
reimbursements and will remain in place even if Contractor ' s actual costs exceed the capped
amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be
based on the rates set forth in the Service Order, which shall not exceed the capped amount
specified in the Service Order.
4.2 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly
invoices must state a description of the deliverables completed and the amount due for the
preceding month. Thirty days prior to expiration of the Agreement, Contractor must submit a
2
requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other
obligations under the Agreement.
2. Exhibit C-3 to the agreement is replaced with Exhibit C-4, attached hereto.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CITY OF CUPERTINO WEST COAST ARBORISTS, INC.
By By
Title Title
Date Date
APPROVED AS TO FORM
City Attorney
ATTEST:
City Clerk
Date
EXPENDITURE DISTRIBUTION
Item PO Number Amount
FY19-20 2020-434 $10,000
FY20-21 2021-090 $10,000
1st Amendment 2021-090 $5,000
FY21-22 2022-154 $10,000
2nd Amendment 2022-154 $10,000
3rd Amendment 2022-154 $20,000
4TH Amendment 2022-154 $10,000
Total $75,000
President
Mar 1, 2023
Christopher D. Jensen
Director of Community Development
Mar 1, 2023
Mar 1, 2023
JOB LOCATION
Various Locations within the City of Cupertino
SCOPE OF WORK
Consulting Arborist services as directed by City staff. Hourly rates shall remain the same.
CUSTOMER INFORMATION
Main Contact Billing Contact
ABBY AYENDE ABBY AYENDE
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014-3255
408.777.7601 abigaila@cupertino.org
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014-3255
408.777.7601 abigaila@cupertino.org
Inventory Needed Link Funds to Job #Purchase Order #DIR Project ID #
No 71120 2022-154
DESCRIPTIONQTY U/M UNIT PRICE TOTAL
Review Removal Permit - 1 hr min Man Hour $173.00 $0.00
Report Writing - 3 hr min Man Hour $173.00 $0.00
Project Inspection - 3 hr min Man Hour $173.00 $0.00
Meeting with Staff/Contractor Man Hour $173.00 $0.00
Presentation - 2 hr min Man Hour $173.00 $0.00
Planting Recommendations Man Hour $173.00 $0.00
Emergency Response Consultation Man Hour $173.00 $0.00
Laboratory Testing - cost + 15%Each $1.00 $0.00
$0.00GRAND TOTAL:
COMMENTS
Budget to be increased by $10,000 for additional services as required by City staff.
WEST COAST ARBORISTS, INC.
390 Martin Avenue Santa Clara, CA 95050
408.855.8660 Phone 408.844.8606 Fax WCAINC.COM
Proposal
# 80448
PROPOSAL FOR TREE MAINTENANCE SERVICESPROPOSAL FOR TREE MAINTENANCE SERVICES
Printed on: 2/22/2023 9:34:39 AM Page 1 of 2
CONTINUED
Exhibit C-4
DISCLAIMER: West Coast Arborists, Inc. ensures the quality of work performed, however, we do not ensure the customer's/city's entire tree population from failure. Conditions are often
hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances. The controlling authority must manage trees and accept
some degree of risk. Only work identified in the scope of the proposal and in the contract line item is included in our quote or invoice. All work will be completed in accordance with
ANSI A300 standards. Price reflects payment under prevailing wage rates under the wage determination: Tree Maintenance Laborer and report of certified payroll to the Department of
Industrial Relations as applicable in accordance with state labor laws.
CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956
JUAN ORTIZ 02/22/23
ESTIMATED BY TITLE DATE
DATETITLEACCEPTED BY
AREA MANAGER
WEST COAST ARBORISTS, INC.
390 Martin Avenue Santa Clara, CA 95050
408.855.8660 Phone 408.844.8606 Fax WCAINC.COM
Proposal
# 80448
PROPOSAL FOR TREE MAINTENANCE SERVICESPROPOSAL FOR TREE MAINTENANCE SERVICES
Printed on: 2/22/2023 9:34:39 AM Page 2 of 2
On call arborist services
Final Audit Report 2023-03-02
Created:2023-03-01
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAgQjyoXM0P_NNlIraEBt41CS2BdZBOQ6T
"On call arborist services" History
Document created by City of Cupertino (webmaster@cupertino.org)
2023-03-01 - 10:20:20 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
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Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
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Agreement completed.
2023-03-02 - 1:15:23 AM GMT