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HomeMy WebLinkAboutWEST COAST ARBORIST, INC (5)' INSURANCE ON FILE WORK MAY PROCEED WILINSURANCE EX IIR -to A-2019-228 ` n�)or CLERK OF COUNCIL DATE' cvevKs AHIRD AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS Qf �15�w�N THIS THIRD AMENDMENT to the above -referenced Agreement is entered into on December 3, 2019, by and between West Coast Arborists, a California corporation ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into an Agreement No. A-2015-126 dated July 8, 2015 to provide tree - trimming and maintenance services ("Agreement'). The Agreement was for a two-year tern ending June 30, 2017, with two, two-year options for renewal with an annual not to exceed amount of $1,082,516,00. The Agreement included scheduled tree trimming of street trees, as well as, on -call tree maintenance services at City parks and the Civic Center. B. On June 6, 2017, the City exercised the first optional extension of the term of the Agreement from July 1, 2017 to June 30, 2019. C. On October 2, 2018, the parties entered into the First Amendment (A-2018-233) of the Agreement. The First Amendment increased the compensation for the first extension (7/1/17 to 6/30/19) by $248,251.60 for an annual not to exceed amount of $1,330,767.60. This increase included $130,000 for on -going maintenance and tree trimming; $10,000 for tree maintenance in the Civic Center; and $108,251.60 as a contingency for unforeseen circumstances. The First Amendment also increased the compensation for the optional second extension (7/1/19 to 6/30/21) by $108,251.60 for tree -trimming services for the Public Works Department. The total annual not to exceed amount for the second extension was $1,190,767.60. D. On February 19, 2019, The City exercised the second optional extension of the term of the Agreement from July 1, 2019 to June 30, 2021. E. The parties would like to amend the Agreement for a third time to increase the compensation by $250,000 annually in an effort to provide additional tree trimming services for City trees. The annual not to exceed amount would be $1,540,767.60. The Parties therefore agree: 1. Section 2a, COMPENSATION, is revised to approve the following: A. Compensation for Optional Second Two -Year Renewal July 1, 2019 to June 30, 2021: Increase the annual not to exceed amount of $1,290,767.60 by $250,000. The new total annual not to exceed amount for the optional second extension will be $1,540,767.60. 2. Except as modified by this Third Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST /DAISY GOMEZ. CMC v Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: &- (KWAPl' LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL LIDLOFF Exe6tive Director, Parks, Recreation and Community Services Agency CITY OF SANTA ANA 1(1�19`1`INE RIDGE 7 City Manager CONSULTANT NaAc: Patrick Title: President Page 2 of 2 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE BOLDER. THIS CERTIFICATE IS NOr AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THECOVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE. ADDITIONAL SUBLIMITUMnS NOT LISTED BELOW This is to Certify that t WEST COAST ARBORISTS, INC ANA EAST VIA BUR2806 ADDRESS'° Liberty Mutual. ANAHEIM CA 92806 OFINSURED L I INSURANCE ..at the issue dine of this antBcam. insured by the Company under the policytiesl listed below 1'he insurance afforded by tM: listed pulieyliesl is subject to all their terms, exclusions and Conditions end is or alrcred by any rquirament. term or condition of any contractor other document with respect to which this eenificate my be issued. TYPE OF POLICY EXP DATE ❑ EXTEND ED Dus ❑ EXTEND POLICY NUMBER LIMIT OF LIABILITY m POLICY TERM WORKERS COMPENSATION Statutory Limits 7/1/2020 WA7-66D-039499-079 CONTRAGE. AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: All Stales Except: ND, OH, WA, WY EMPLOYERS LIABILITY Bodily In en by Aeeiilem 1 000 000 Bodily Injury By Do . 1 000 000 Bodily Injury By Disease 1 000 000 . .h Pro. COMMERCIAL GENERAL LIABILITY 7/1/2020 TB2-661-039499-019 General Aggregate $2,000.000 m OCCURRENC'E Prod.,s' Completed Operations Aggregate ❑ CLAIMS MADE $z 000,000 Eaeh Oavrrcnre $2 000 000 Permnsl 3 Ad, crosinu Injury $2,000,000 Pcr Person (hpnvehon RETRO DATE Other, )they Dame a to remises rented to AUTOMOBILE LIABILITY 7/1/2020 AS7-661-039499-039 Each Aeeidc. CoSingled ran $2,000,000 B.I. And P.D. Combined t�1 IL OWNED Each Penn Each Accident or Occurrence mNON,OWNED HIRED Each Acculhm or Occurtcree OTHER ADDITIONAL COMMENTS Re: All obs performed by the named Insured during the policy term. City of tta Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers are additional Insured with regards to general liability as their interest may appear where required by written contract. The Insurance afforded by the GL policy for the benefit of the additional insured shall be primary and non-contributory, • tribe certificate expiration date is continuous or extended term you will he notified ifcoscrage is terminated or reduced before the cmificate expiration data NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Liberl 'Mutual BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE ) INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Santa Ana I ED &APPROV*a, ) &Lu,<Risk Management Divisioni ANACIEMENT UIViSIONElaine Ulan 20 Civic Center Plaza, 4th F royr Leh Angeles AUTHORIZED REPRESENTATIVE f e Santa Ana CA 92702 CJ 2019 818 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213-443-0782 11/18/2019 LOFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL 1145MWCE' kTCLYs Fcap`eds such insurance as is afforded by those Companies NM 772 07-10 S2liai3d I i aa:1 i 1:=9 1121 u!./3i 3. . 12, n-,: 1CJn:,9 oPl [ale :. _6:-2.:, ::as r, PR ':CST! 119ye : f Lot COI 268896 02 11 POLICY NUMBER: TB2-661-039499-019 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability insurance 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; SCHEDULE whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Location(s) Of Covered Operations Any location work is performed Information required to complete this Schedule, if not shown above, will be shown in the Declarations. REVIEWED & APPROVED =uWft melvl Division CG 20 10 0413 Services Office, Inc., 2012 Page 1 of 1 M. LAMBERT POLICY NUMBER: TB2-661-039499-019 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Name Of Additional Insured Person(s) B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Or Organization(s): Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement. prior to an agreement entered into prior to an occurrence or occurrence or offense, to provide additional insured offense. status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. & APPROVED 1C{EMENr DIVISION 052019 avmAWHA M � AMp CG 20 37 04 13 0 Insurance M f c R Inc., 2012 Page 1 of 1 POLICY NUMBER: T62-661-039499-019 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. & APPROVED %r.FMFNf DIVISION 2019 M. LAMBERT CG 20 01 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 ACORO" CERTIFICATE OF LIABILITY INSURANCE DAT1111W2019 11/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s). PRODUCER NgME Theresa Roque Huggins DreCkman Insurance PHONE (562)594-6541 162 594-0376 AIC No E . AIC Na: License No. 0212199 ADDRESS: theresal@hdinsure.corn 5152 Katella Ave, Suite 206 INSURER(S) AFFORDING COVERAGE NAIC4 Los Alamitos CA 90720 INSURERA: IronShoie Specialtylns.Co. 25445 INSURED INSURERS: West Coast Arborists. Inc _ INSURER C : 2200 E. Via Burton St. INSURER 0: Anaheim CA 92806 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 201912020 RFVICNTNNUMRPR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSAUULhUKN. LTq TYPEOFINSURANCE INSO POUCYNUMBER POLICY UF (MMIDDAYNY) POLICY umiuDDM/VVl UNITS COMMERCIAL GENERAL WIBILITY EACH OCCURRENCE $ PREMISES Ea me .., s CI.AIMSMADE OCCUR MEDEXP(A oneperson) S PERSONAL S AOV INJURY 5 GEN-L AGGREGATE LIMIT APPLIES PER OT LOC POLICY ❑ JEC GENERALAGGREGATE 5 PRODUCTS 5 S OTHER- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea actidenl $ BODILY INJURY (Per Pa.) $ ANYAUI O OWNED SCHEDULED AUFTOSONLY AUTOS BODILY INJURY (Per aWdsno S HIRED HAUTOS NLY AUTOS ONLY AUTOS ONLY PROPERTY AGE paraWdem $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS UAB I CLAIMS -MADE AGGREGATE S DED I I RETENTION s S WORKERS COMPENSATION PER ON' AND EMPLOYERS LIABILITY YIN TATUTE ER EL EACH ACCIDENT S ANY PROPRIETORIPARTNER EXECUTIVE OFFICERRAEMBER EXCLUDEDT NIA EL DISEASE- EA EMPLOYEE S (Mandatory In NH) If yes, desmba ios ar EL DISEASE -POLICY LIMIT 5 DESCRIPTION OF OPERATIONS below A Professional Liability Retroactive Date: July 1, 2010 003868901 07101/2019 07101/2020 Each Occurrence Aggregate 5.000,000 5.000.000 Retention 50.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks SChed^ may be attached 11 mom span Is mqulr all REVI ED & APPROVED y Ris ANAGEMEM DIVISION CERTIFICATE HOLDER 1. CANCELLATION ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Risk Management DivisiAAM A M. LA XPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN RDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th FI. AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 ( 7t,$, Jk , A!W ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 12016103) The ACORD name and logo are registered marks of ACORD