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HomeMy WebLinkAboutWEST COAST ARBORISTS INC 4D - 2012A- 2012 -136 SUH04(,:F Ora -kl; WORK MAY PRA K"EE:. T UN I_ nE` CLERK "'� FIFTH AMENDMENT TO AGREEMENT OATS q FOR TREE MAINTENANCE SERVICES THIS AMENDMENT, made and entered into this 18`h day of June, 2012 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 G4 1. 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," by which CONTRACTOR has provided tree maintenance services for the City's Urban Forest. 2. By Amendments dated July 7, 2008, June 1, 2009, June 21, 2010, and August 1, 2011 the Parties agreed to adjust the unit pricing for tree trimming and extend the term of said Agreement. 3. The parties hereto desire to again amend said Agreement to extend the term for three _. additional one -year periods and allocate funds to pay for services during the extended �J 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 extend the term for an additional three -year period, through June 30, 2015. B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to increase total compensation by Seven Hundred Sixty -Five Thousand Dollars ($765,000.00) annually, to pay for the services rendered in conformance with standards set forth in the Contract Documents. Payment shall be made in accordance with the Schedule of Compensation attached as Exhibit B -1 hereto. If Council fails to appropriate funding for tree maintenance during any annual budget process, City may terminate this Agreement upon thirty day notice to Contractor. C. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. • Certificate of Insurance FPS CERTIFICATES IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICAFF HOLDER- THIS CERTIFICATE IS NOT A7 NSURANCE POLICY AND DOES NorAh4END, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES; LISTED BELOW.. POLICY LMTS ARE, THAN LESS THA THOS) ,ISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBI- MT/LIMITS NOT LISTED BELOW. This is to Certify that I ST COAST ARBORISTS, INC NAME AND •`� 2200 EAST VIA BURTON ADDRESS Liberty OF INSURED mutudie ANAHEIM CA 92806 his, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies is subject to all their terms, exclusions and . .,ter ahe,.�d h­ rrnnirement term or condition of anv contract or other document whit respect to which this: certificate tnav V issued • tr we cemncam expiranon sate is continuous or extenaea term, you will tie notitied it coverage is terminated or reduced before the certificate expiration date. EXP DATE Liberty hiutitai NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUM NUMBER OF DAYS IS ENTERED BELOW_) TYPE OF POLICY ❑ CONTINUOUS EXTENDED POLICY NUMBER LIMIT OF LIABILITY DAYS NOTICE ® POLICY TERM OF SUCH CANCELLATION HAS BEEN MAILED TO: WORKERS COMPENSATION STATUTORY 7/1 /2013 WA2 -66D- 039499 -072 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWLINiG STATES: CA EMPLOYERS LIABILITY Bodily ln'iuy by Accident 1 000 0�0 Each Accident Bodily Injury By Disease Los Angeles 10603 AUTHORIZED REPRESENTATIVE d x 220 South Daisy Avenue Building -A 818 W 7th Street, Suite 850 0564408 v Los Angeles CA 90017 $1,000,000 ' r Injury By Disease OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 $1,000,000 Each P r COMMERCIAL GENERAL LIABILITY 7/112013 TB2 -661- 039499 -012 General Aggregate $2,000,000 OCCURRENCE Products I Completed Operations Aggregate El CLALVIS MADE 2.040 000 Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Per Person 1 Organization RETRO DATE - ;;hh 'KE DAMAGES $100,000 "' U DICAL PAYMENTS $5,000 AUTOMOBILE LIABILITY 7/1/2013 A57 661- 039499 -032 Each Accident—Single Limit $1, 090 000 13.1. And P.D. Combined ri�att iJ OWNED Each Person Each Accident or Occurrence NON- OWNF,D d HIRED Each Accident or Occurrence OTHER Umbrella Excess Liability 7/112012 7/1/2013 TH7 -661- 039499 -042 $5,000,000 PER OCCURRENCE /AGGREGATE APPROVED AS TO FORM ADDITIONAL COMMENTS See Addendum Attached. Laura Silt . 'heedy Assistant City Attorney • tr we cemncam expiranon sate is continuous or extenaea term, you will tie notitied it coverage is terminated or reduced before the certificate expiration date. Liberty hiutitai NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUM NUMBER OF DAYS IS ENTERED BELOW_) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 60 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Santa Ana GLr1 Public Works Agency M85 ` Elaine Ulan Los Angeles 10603 AUTHORIZED REPRESENTATIVE d x 220 South Daisy Avenue Building -A 818 W 7th Street, Suite 850 0564408 v Los Angeles CA 90017 213 -624 -1171 6/6/2012 .Santa Ana CA 92703 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON ANAHEIM CA 92806 3y'^°i r ,�.._,t�C�?�Y�C4.,x�..�z GUMFICATE H01 -0hK City of Santa Ana Public Works Agency M85 220 South Daisy Avenue Building -A Santa Ana CA 92703 6/6/2092 RE: All jobs performed by the named insured during the policy term. Per form CG 2010 0704 and CG 2.037 0704 the City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured under the General Liability policy if required by a written contract with the Named Insured, but only for the coverages and limits provided by the policy and the additional insured endorsement. This insurance shall be excess over any other coverage available to the additional insured, unless a written agreement obligates the named insured to provide insurance to the additional insured on another basis. In that event, this policy will apply on the basis required by the written agreement. T.B15 ENDORSEMENT Ct- N%GaS THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL UASILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(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 Il — Who is An Ensured 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 2 r 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged 'in performing operations for a principal as a part of the same project. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium a° Effective Date Expiration Date For attachment toPoficyNo. TB2 -6$1- 039499 -012 Audit Basis Issued To Issued Page 2 of 2 Countersigned by Authorized Representative Sales office and No. End. Serial No. © ISO Properties, Inc., 2004 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAM 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 lia- bility insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sdhed- ule of this endorsement performed for that additional insured and included in the "products - completed operations hazard ", This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date Expiration Date For attachment to Policy No. T82- 661 - 039499 -012 Audit Basis Issued To Countersigned by Authorized Representative issued Sales Office and No. End. Serial No. CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMIERCIAL GENER.hL LLABILITY C017ER.AGE FORM SECTION H -'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 requited 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 This 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 under a written agreement to provide liability inseus<ace 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 TV 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 endo =emrnt is esecuted by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium 5 Effective Drac For aund=em to Policy No. Audit Basis Issued To Issued IN 20 0106 05 Exoiotion Date T132- 661 - 039499 -012 Countersigned by Auduxiud Aep==Mtive Sales Office and No. End Serial No.