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HomeMy WebLinkAboutWEST COAST ARBORISTS INC. 4D - 2011 i LERK'G rTl 'i \? v FOURTH AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES A-2011-190 THIS AMENDMENT, made and entered into this I" day of August, 2011 by and between WEST COAST ARBORISTS, INC., hereinafter referred to as "CONTRACTOR" 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, hereinafter referred to as "CITY". RECITALS The CITY and CONTRACTOR entered into that certain "Agreement for Tree Maintenance Services A-2004-116" dated June 21, 2004, hereinafter referred to as "said Agreement," setting forth the terms, scope and conditions of the services CONTRACTOR is to provide CITY. 2. By Amendments dated July 7, 2008, June 1, 2009 and June 21, 2010, the Parties agreed to adjust the unit pricing for tree trimming. 3. The parties hereto desire to amend said Agreement, adjusting the unit prices, extending the term for an additional one-year period and allocating funds to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants hereinafter set forth, and subject to the terms and conditions hereof, the parties hereto do hereby agree as follows: A. Section 1, TERM, shall be amended to reflect City's exercise of its option to extend the term for an additional one-year period, through June 30, 2012. The City retains the option to extend the term of said Agreement for up to two additional one-year periods. B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to increase total compensation by Seven Hundred Sixty Thousand, Six Hundred Twenty Two Dollars ($760, 622) to pay for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July 1, 2011, through June 30, 2012. Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B-1 hereto. C. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. /// IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: C A' '-) ltiv . 1-k? ;.,, G? MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA PAUL M. WALTERS Acting City Manager APPROVED AS TO FORM JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: A C- RA GODINEZ, I Executive Director - WEST COAST ARBORISTS, C. ?J PATRICK' MAHONEY President Public Works Agency EXHIBIT B-1 SCHEDULE OF COMPENSATION Fiscal Year 2011-2012 ITEM DESCRIPTION 1 Light Prune 2 Tree Pruning 2 Service Request Pruning 3 Palm Pruning 4 Tree and Stump Removal 5 Tree Only Removal 6 Stump Only Removal 7 Tree Planting 24"Box w/o RB 8 Arterial- Tree Planting 24" Box with RB 9 Infill- Tree Planting 24" Box with RB 10 Priority - Tree Planting 24"Box with RB 11 Tree Planting 36" Box with RB 12 Tree Well Installation 13 Root Pruning 14 Crew Rental - 3 man crew 15 Emergency Crew Rental 16 Watering UNIT PRICE Each $ 33.00 Each $ 47.00 Each $ 55.90 Each $ 24.00 Inch $ 18.70 Inch $ 13.00 Inch $ 5.90 Each $229.70 Each $280.00 Each $280.00 Each $280.00 Each $954.70 Each $272.70 L.F. $ 8.60 Hour $136.35 Hour $287.10 Day $373.40 ,J - 2c°'1-11 ? Certificate of Insurance TItiS CERTIEICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CBFLM IC/4'E HOLDER THIS CERTIFICATE IS NOT AN LIINSTDNALTHOUGH iFSIAY?INCLUD?AD I?TIQARL UBLIMIT/LI?Mf? NOOCSTED IISLAW POL]t IES LISTED EbIAW. POLICY LIDIITS ARgNO LESS THAN THOSE This is to Certify that TEST COAST ARBORISTS, INC NAME ANA 02200 EAST VIA BURTON ADDI;.FSB Libe? °F?SI >a Mutu0 ANAHEIM CA 92806 is, at the issue date of this certificate, insured by tho Cotnpany under the pollay(ics) listed below. no insurance afforded by the listed polioy(ies) i3 snbject to 211 ibeir to MI, exehutons and Conditions and is not altered by any requirement, term or condition of any contract or other dooamont with respect to which this certificate may iw issuod. RXP A ? CONTINUOUS TYPE OF POLICY ? EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM ' fVURI?EItS WORK RS 7/1/2012 WA2-66D-039499-071 COVF.BAGEAPFORDBDUNDERWC WOFTHEFOLLOWINGSTATES: ) MVLOYERSLL411 H= CO A Bodrlyl y ry STATUTORY 0 00 000 t 1 Bodily Injury By Disease $1,000,000 Bodily Injury By Disease $1,000,000 COMIERCIAL 7/112012 7132-661-039499-011 GmenlAypreyato GENERAL LIABILITY $2,00U00 OCCURRENCE Prodimts / Completed Operations Aggrogato QQ ? CLAIMS MADE Each Occurrence RETRO DATE Personal & Advertising Injury $1,000,()()0 PerPenon/Orgaoetatioa ' FIRE DAMAGES $100,000 MEDICAL PAYMENTS $5,000 AUTOMOBILE LLIBILZTX 7/1/2012 AS7-661-039499-031 Hnd P.D. ibitie l unit 1 000 000 B.I. L And .D. ombiaed OWNED Each Person ® NON-OWNED Each Accident or Occurrence M HIRED Eaeb Accident or Occurrence OTHRR Umbrella Excess Liability 711/2011 71112012 THT-661-039499-041 $5,000,000 PER OCCURRENCEIAGGREGATE APPROV ,E> AS 'F0 F'0RIM ADDITIONAL 120119IENTS See Addendum Attached. [.air€a a Ju,`';t curly f?SSl3tt)tIC'C ;it Att . -y ortt4.y - If the certificate expiradan date is Continuous or oxtcadcd Corm, you will be notified if coverage is terminated or re u" before the oerdficato expim0oa data. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BBLOW.) BEFORE THE STATED EXPIRATION DATE TUB COMPANY WILL NOT C CEL OR REDUCE THE INSURANCE AFFORDED UNDER TEE ABOVE POLICIES UNTIL AT LEAST DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: F?C7,ity of Santa Ana Public Works Agency M85 b 220 South Daisy Avenue Building-A L_anta Ana CA 92703 Liberty Afuttw Insurance Group CiC.[A,Umd L(.? Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213-624-1171 6/15/2011 OFFICE PHONE DATEISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-I0 LDI Cot 268896 02 11 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any owner, lessee, or contractor for whom you Any location listed In such agreement. have agreed in writing prior to a loss to provide liability Insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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". This endorsement is executed by the company below designated by an entry in the box opposite its name [ J LIBERTY MUTUAL INSURANCE COMPANY Premium [ X J LIBERTY MUTUAL FIRE INSURANCE COMPANY [ I LIBERTY INSURANCE CORPORATION Effective Date: 71/2011 Expiration Date: 7/1/2012 [ i Llvt INSURANCE CORPORATION [ J TBE FIRST LIBERTY INSURANCE CORPORATION For attachment to PolicyNo.: TB2-661-039499-011 Audit Basis: Issued to: Nest Coast Arborists Inc SECRFT 1RY PRESIDENT Countersigned by .................................................................................................. Authorized Representative Issued: Sales Office and No. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ? THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED 'T'his endorsement modifies insurance provided under the following: CO-AML IERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed in writing to provide liability insurance. But: The insurance provided by this amendment: 1. Applies only to "bodily injury" or "property damage" arising out of (a) "your work" or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; and 3. Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply: 1. Where the applicable written agreement requires the insured to provide liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply. 2. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. 3 11tis endorsement shall not apply to any person or organization for any "bodily injury" or "property damage" if any other additional insured endorsement on this policy applies to that person or organization with regard to the "bodily injury" or "property damage". 4. If any other additional insured endorsement applies to any person or organization and you are obligated tinder a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for that additional insured, this policy will apply solely on the basis required by such written agreement and Item 4. Other Insurance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 07/01/2011 Expiration Date 07/01/ 2012 For attachment to Policy Nto• TB2-661-039499-01 I Audit Basis Issued To West Coast Arborists Inc F.1RY PRESIDENT Countersigned by Authorized Representative Issued Sales Office and No. End. Serial No. LN 20 0106 05 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): Locatlon(s) Of Covered Operations Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability Insurance. Information required to complete this Schedule, if not shown above will be shown in the Declarations. 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 be- half; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 8. With respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply: This insurance does not apply to "bodily Injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the pro- ject (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(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 con- tractor or subcontractor engaged in performing op- erations for a principal as a part of the same project. This endorsement is executed by the company below designated by an entry in the box opposite its name I ] LIBERTY MUTUAL INSURANCE COMPANY Premium [X ] LIBERTY MUTUAL FIRE INSURANCE COMPANY [ ] LIBERTY INSURANCE CORPORATION Effective Date: 7/1/2011 Expiration Date: 7/112012 [ ] LM INSURANCE CORPORATION [ J THE FIRST LIBERTY INSURANCE CORPORATION For attachment to Policy No.: TB2-661-039499-011 Audit Basis: Issued to: West Coast Arborists Inc SECRETARY PRESIDE\T Countersigned by ................................................................................................... Authorized Representative Issued: Sales Office and No. CG 20 10 07 04 4 ISO Properties, Inc., 2004 Page 1 of 1 13