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HomeMy WebLinkAboutWEST COAST ARBORIST, INCF-+ INSURANCE ON FILL o WORK MAY PROCEED UNTIl.INSURANCE EXPIRL - �?2 _e._._.._.o._ CLERK OF COUNCIL g)ATE: Cam) 2 FIRST AMENDMENT TO SERVICES AGREEMENT WITH WEST COAST ARBORIST, INC. A-2022-040 THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15' day of March 2022, by and between West Coast Arborist, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 17, 2020, the City entered into Agreement 4A-2020-228 with Consultant to provide tree maintenance services. B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to increase the annual compensation for the remainder of the term including any extension periods. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to increase compensation as follows: The total amount to be expended under this Agreement shall not exceed $16,230,750 during the term of this agreement, including any extension periods exercised under Section 3. The annual sum shall be increased by $145,000 for a total amount not to exceed $2,164,100 annually. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez (Clerk of the Council CITY OF SANTA ANA istine Ridge City Manager [Signatures continued on the following page] Page 1 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director of Public Works Agency CONSULTANT By: Patrick ahoney Title: Presi ent Page 2 of 2 Digitally signed by Francine R. Francine R. Villareal Villareal Date: 2021.07.19 17:18:52-07'00' ® ACORO Ike/ CERTIFICATE OF LIABILITY INSURANCE OATE(MMI12021 Y) 07,D,2D2, 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(ies) 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 endorsement(s). PRODUCER ADD Risk Insurance Services West, Inc. LOS Angeles CA office CONTACT NAME: PHONE (AID No. Eap: (866) 283-7122 No : (800) 363-0106 707 Wilshire Boulevard Suite 2600 E-MAIL ADDRESS: Los Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Starr Indemnity & Liability company 38318 West coast Arborists, Inc. 2200 E Via Burton INSURER B: Starr Specialty Insurance Company 16109 INSURER C: Anaheim CA 92806 USA INSUREfl D: NSURER E: INSURER F: COVEHAGES CEH IIII t: NUMBER: b/UUB621bl 40 REVISION NUMBER: 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 RESPECTTO 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 CLAIMS. Limits shown are as requested INSR LTq TYPE OF INSURANCE INSO WVO I POLICY NUMBER WDDIYYYY FWDD/YYYY LIMITS A % COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE ❑% OCCUR PREMISES Ea occurrence $1,000,000 MEO EXP(Anyone person) $$,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $4,000, 000 Y POLICPRO ❑ LOC JEGT PRODUCTS-COMPIOPAGG $4,000,0020 OTHER'. A AUTOMOBILE LIABILITY 1000198198211 071011202107/01/2022 COMBINED SINGLE LIMB E accloar $2,000,000 BODILY INJURY (Per parson) % ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per ac idenl) PROPERTY DAMAGE (Per accident UM88ELLAL148 OCCUR EACH OCCURRENCE EXCESS LIAR H CLAIMS WIDE AGGREGATE DELI RETENTION A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY v/x ANY PROPRIETOR /XCLUPARTNER /EXECMIVE EXCLUDED' El N/A 1000004229 workers Comp Az 07 61/2521 07/01/2021 07/01/2022 02/01/2022 X I PER STATUTE OTH- ER E.L. EACH ACCIDENT $1, B0D,gOO EL DISEASE -EA EMPLOYEE $1, 000,000 (Mandatory in MO (Mandatory in NI Workers Comp CA workers co If Dyes, RIPTIONe. antler DESCRIPTION OF OPERATIONS below I SEASE-POLICY UNTO $1, D00, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: All jobs performed by the named insured during the policy term. city of Santa Ana, its officers, employees, agents, volunteers and representatives are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is primary and Nan -contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. V CN ce op o n N O Z N v t dl U CERTIFICATE HOLDER CANCELLATION 0 city of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana CA 92701 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUmORRED REPRESENTATIVE ©1988.2015 ACORD COF ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD RMArugemed Division yy EEC ids RENEWED&APPROVEDBV: p Risk Management Analyst POLICY NUMBER: 1000100141211 Effective: 07/01 /2021 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 1. 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 2• 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: 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 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 contractor 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Renemm6 ApmR Sr. Ruk Management nnaNn POLICY NUMBER: 1000100141211 Effective: 07/01/2021 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Where Required By Written Contract I Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 RlekMvvgementDh&!an ReneRm 6 Arrawm By. �. - 2isk Manigemen[Matys[ *Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non -Contributory Condition Policy Number: 1000100141211 Named Insured: West Coast Arborists, Inc. This endorsement modifies insurance provided under the: Effective Date: July 1, 2021 at 12:01 A.M. Commercial General Liability Coverage Part A. SECTION IV— CONDITIONS, condition 4.Other Insurance is amended as follows: 1. The following is added to paragraph 4.a. of the Other Insurance condition: This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Signed for STARR INDEMNITY & LIABILITY COMPANY S" `mot Steve Blakey, President /A60-.Z E. Nehemiah E. Ginsburg, General jDounsel OG 107 (04/11) Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights re Includes copyrighted material of ISO Properties, Inc., used with its permission. RukMuugemmLDtM(Vn REV eMM & APPROVEDBr. Risk Management Malyst y' Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 AMENDMENT — NOTICE OF CANCELLATION FOR SCHEDULED THIRD PARTIES Policy Number: 1000100141211 Effective Date: July 1, 2021 at 12:01 A.M. Named Insured: West Coast Arborists, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Auto Dealers Coverage Form, Business Auto Coverage Form, Business Auto Physical Damage Coverage Form, Commercial General Liability Coverage Form, Contractor's Pollution Liability Coverage Form, Electronic Data Liability Coverage Form, Excess Liability Policy Form, Garage Coverage Form, Liquor Liability Coverage Form, Motor Carrier Coverage Form, Owners And Contractors Protective Liability Coverage Form -Coverage For Operations Of Designated Contractor, Pollution Liability Coverage Form Designated Sites, Products/Completed Operations Liability Coverage Form, Product Withdrawal Coverage Form, Professional Liability Coverage Form, Railroad Protective Liability Coverage Form, Site Pollution Liability Coverage Form, Special Protective And Highway Liability Policy -New York Department Of Transportation, Truckers Coverage Form, Underground Storage Tank Policy Designated Tanks. It is agreed that in the event the Insurer cancels the policy for any reason other than non-payment of premium, the Insurer will give notice of cancellation to the following certificate holder(s): SCHEDULE (Certificate Holder, contact name, address) City of Santa Ana Francine Villareal RMDOSanta-Ana.orq Risk Management Division 20 Civic Center Plaza, 4' Floor Santa Ana, CA 92701 Thirty (30) Day's Notice of Cancellation and 10 Days Non -Payment The Insurer will endeavor to provide notice of cancellation to the certificate holder(s) listed in the Schedule by email. The Insurer agrees to provide such notice of cancellation at a rate of $10 per scheduled certificate holder up to a maximum of $25,000 for this policy. This notification of a pending cancellation of coverage is intended as a courtesy only. The Insurer's failure to provide such notice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the Insurer, its agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, the cancellation of this policy or the effective date of cancellation. All other terms and conditions of this Policy remain unchanged. SIIL-101 (10/14) Copyright© Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. RuFMuugmuntDiwwi ' Rrrawm wenm&ABr. o `; ° f uwCwr R. V Uwo d Risk Managemen[Anayrt s Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 AMENDMENT - NOTICE OF CANCELLATION FOR SCHEDULED THIRD PARTIES Policy Number: 1000198198211 Effective Date: July 1, 2021 at 12:01 A.M. Named Insured: West Coast Arborists, Inc. This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully. Auto Dealers Coverage Form, Business Auto Coverage Form, Business Auto Physical Damage Coverage Form, Commercial General Liability Coverage Form, Contractor's Pollution Liability Coverage Form, Electronic Data Liability Coverage Form, Excess Liability Policy Form, Garage Coverage Form, Liquor Liability Coverage Form, Motor Carrier Coverage Form, Owners And Contractors Protective Liability Coverage Form -Coverage For Operations Of Designated Contractor, Pollution Liability Coverage Form Designated Sites, Products/Completed Operations Liability Coverage Form, Product Withdrawal Coverage Form, Professional Liability Coverage Form, Railroad Protective Liability Coverage Form, Site Pollution Liability Coverage Form, Special Protective And Highway Liability Policy -New York Department Of Transportation, Truckers Coverage Form, Underground Storage Tank Policy Designated Tanks. It is agreed that in the event the Insurer cancels the policy for any reason other than non-payment of premium, the Insurer will give notice of cancellation to the following certificate holder(s): SCHEDULE (Certificate Holder, contact name, address) City of Santa Ana Francine Villareal RMDCa.Santa-Ana.oro Risk Management Division 20 Civic Center Plaza, 41h Floor Santa Ana, CA 92701 Thirty (30) Day's Notice of Cancellation and 10 Days Non -Payment The Insurer will endeavor to provide notice of cancellation to the certificate holder(s) listed in the Schedule by email. The Insurer agrees to provide such notice of cancellation at a rate of $10 per scheduled certificate holder up to a maximum of $25,000 for this policy. This notification of a pending cancellation of coverage is intended as a courtesy only. The Insurer's failure to provide such notice will neither extend the policy cancellation nor negate cancellation of the policy; nor will this failure result in obligation or liability of any kind upon the Insurer, its agents or representatives. This endorsement does not affect, in any way, coverage provided under this policy, the cancellation of this policy or the effective date of cancellation. All other terms and conditions of this Policy remain unchanged. Risk Mwrgrn nWivislan SIIL-101 (10114) RE\n &APPRovmft Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. v �� Risk Management Analyst