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4/29/2021
C19-0935-4
AMENDMENT NO. 2
Tree Pruning, Removal, and Other Related Services
(West Coast Arborist Inc., Contract No. C19-0935)
This Amendment No. 1 (“Amendment”) to the Tree Pruning, Removal, and Other Related
Services (“Agreement”) is made this ______ day of ________, 2021, (“Effective Date”), by
and between the City of Glendale, an Arizona municipal corporation (“City”) and West
Coasts Arborist, Inc., an Arizona corporation authorized to do business in Arizona
(“Contractor”).
RECITALS
A.
City and West Coast Arborist, Inc. (“Contractor”) previously entered into a linking
agreement, Contract No. C19-0935, dated September 24, 2019 (“Agreement”); and
B.
The City's Agreement linked to the City of Mesa S.A.V.E. Cooperative Purchasing
Agreement #2019033. The S.A.V.E. Agreement had an initial term from February 1,
2019 to January 22, 2022, with the option to renew by the mutual agreement of the
initial contracting parties for (2) additional one-year terms; The Cooperative
Purchasing Agreement may not be extended beyond January 22, 2024; and
C.
The initial term for this Agreement is from the effective date of September 24, 2019
to January 22, 2021 with the option to renew for (3) additional one-year periods until
the Cooperative Purchasing Agreement expires on January 22, 2024; and
D.
The City and the Contractor entered into Contract Extension No. 1 (C19-0935-1)
renewing the Agreement for an additional (1) one-year term on January 23, 2021 to
January 31, 2022; and
E.
The City and the Contractor entered into Amendment No. 1 (C19-0935-2) on
December 14, 2021, expanding the scope of services under the original Agreement,
and increasing the compensation by $145,000; and
F.
The City and the Contractor entered into Contract Extension No. 2 (C19-0935-3)
renewing the Agreement for an additional (1) one-year term on February 1, 2022 to
January 31, 2023; and
G.
The City is expanding the scope of services and increasing the amount of
compensation to be paid under this Agreement by $96,909.45; and
H.
City and Contractor wish to modify and amend the Agreement subject to and strictly
in accordance with the terms of this Amendment.
AGREEMENT
4/29/2021
In consideration of the mutual promises set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Contractor hereby agree as follows:
1.
Recitals. The recitals set forth above are not merely recitals, but form an integral
part of this Amendment.
2.
Term. The term of the Agreement is unchanged and shall expire on January 31,
2023.
3.
Scope of Work. The scope of work is expanded to include additional work as
outlined below:
Project:
Cost
Sahuaro Ranch Orchards - Purchase/Planting of (25) Citrus Trees
$20,000.00
Glendale Xeriscape Garden (Water Svcs. Department)
$16,289.45
Downtown Promenade - Removal and Replacement of Trees
$9,000.00
Purchase/Planting of Trees in (3) Parks in the Cholla District
$31,620.00
Contingency
$20,000.00
Total:
$96,909.45
4.
Compensation. The total compensation for this Agreement for the additional work
performed is increased by $96,909.45 for a new total not to exceed $1,034,909.45 for
the entire term of the agreement (initial term plus any renewals).
5.
Insurance Certificate. Current certificate will expire on 7/1/2022 and a new
certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.
6.
Non-discrimination. Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability.
Contractor will require any Sub-contractor to be bound to the same requirements as
stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
7.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are
applicable, the parties hereby certify that they are not currently engaged in, and agree
for the duration of the Agreement to not engage in, a boycott of goods or services
from Israel, as that term is defined in A.R.S § 35-393.
8.
Attestation of PCI Compliance. When applicable, the Contractor will provide the
City annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Contractor with oversight
responsibility.
4/29/2021
9.
Ratification of Agreement. City and Contractor hereby agree that except as
expressly provided herein, the provisions of the Agreement shall be, and remain in
full force and effect and that if any provision of this Amendment conflicts with the
Agreement, then the provisions of this Amendment shall prevail.
[Signatures on the following page.]
4/29/2021
CITY OF GLENDALE, an Arizona
municipal corporation
___________________________________
Kevin R. Phelps, City Manager
ATTEST:
____________________________________
Julie K. Bower, City Clerk (SEAL)
APPROVED AS TO FORM:
____________________________________
Michael D. Bailey, City Attorney
West Coast Arborist, Inc.,
an Arizona corporation
By:
Pat Mahoney
Its:
President