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HomeMy WebLinkAboutWEST COAST ARBORISTS, INC. (2) - 2010A-2010-102 INSURANC4 ON FILE WORK MAY PROCEED UNTIL IN7 RAN E EXPIRES GL k 'OF G UNCIL T DATE AUG 17 2010?? THIRD AMENDMENT TO AGREEMENT FOR TREE MAINTENANCE SERVICES THIS AMENDMENT, made and entered into this 21" day of June, 2010 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 and June 1, 2009, the Parties agreed to adjust the unit pricing for tree trimming. The parties hereto desire to amend said Agreement, 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, 2011. The City maintains the option to extend the term of said Agreement for up to three additional one-year periods. B. Section 4.A., COMPENSATION AND PAYMENT TO CONTRACTOR, shall be amended to increase total compensation by Eight Hundred Sixty Five Thousand, Three Hundred Fifty Dollars ($865,350) to pay for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July 1, 2010, through June 30, 2011. 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: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM Joseph W. Fletcher City Attorney By: 111 / lulAy-Z aura Sheedy Assistant City Atto ey CITY OF SANTA ANA DAVID N. REAA? City Manager WEST COAST ARBORIS PATRICY President EXHIBIT B-1 SCHEDULE OF COMPENSATION ITEM DESCRIPTION UNIT PRICE 1 Tree Trimming Each $47.00 2 Service Request Each $55.90 3 Palm Trimming Each $24.00 4 Tree and Stump Removal Inch $18.70 5 Tree Only Removal Inch $13.00 6 Stump Only Removal Inch $5.90 7 Tree Planting 24"Box with RB Each $229.70 8 Arterial- Tree Planting 24" Box with RB Each $280.00 9 Infill- Tree Planting 24" Box with RB Each $280.00 10 Priority - Tree Planting 24"Box with RB Each $280.00 11 Tree Planting 36" Box with RB Each $954.70 12 Tree Well Installation Each $272.70 13 Root Pruning L.F. $8.60 14 Crew Rental - 3 man crew Hour $136.35 15 Emergency Crew Rental Hour $287.10 16 Watering Day $373.40 T Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE 1S NO'i AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMITILIMITS NOT LISTED BELOW. This is to Certify that FWEST COAST ARBORISTS, INC NAME AND SS ??? L? 2200 EAST VIA. BURTON ADDRESS OF INSURED ANAHEIM CA 92806 I is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ics) is. subject to all theirter=. , exclusions and Conditions and. is not altered by anv requirement term m condition. of anv contract or other document with recnlct to which rh;c.'-;f;'- - hP -'i EXP DATE El CONTINUOUS TYPE OF POLICY ? POLIO NUMBER LIMIT OF LIABILLI Y N '. EXTF.NDF.D ? POLICY TERM L .. W WORKERS 7/1/2011 WA2-66D-039499-070 COVERAGE AFFORDED UNDER WC EMPLOLIABIIITY LAW OF THE FOLLOWING STATES: COMPENSATION CA ' STATUTORY Bodily In rry by Accident 1 000 OOOeacnnccaeEt Bodily' Injury '. By Disease $1,000,000 Bodily Injury By disease $1,000,000 COMMERCIAL 7/1/2011 TB2-661-039499-010 General Aggregate GENERAL LIABILITY tau OCCURRENCE Products / Completed Operations Aggregate 2 000 000 ? CLAIMS MADE E h O ac ccurrence $1,000,000 ' REPRO DATE Personal & Advertising Injury Per Person /Organization. ' 'ft E: f E: DAMAGES $100,000 .MEDICAL PAYMENTS $S,ODfl AUTOMOBILE 7/1/2011 AS7-661-039499-030 Each Accident-Single Limit $1 000 000 LIABILITY , , B.I. And P.D. Combined ?. OWNED Each Person ? NON-OWNED Each Accident or Occurrence HIRED Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2010 711/2011 TH2-661-039499-040 $5;000,000 PER OCCURRENCE/AGGREGATE APPROVED AS TO FORM ADDITIONAL COMMENTS See Addendum Attached.' _ Laura. tt Shzetiy Assistailt City Attorriev ....., __.....__._ _,.r., .v.. ,....„ ....... ........., ??„v,a,;,, ,?..a, -11 - c vr"-- s wva:ragc m ccruunaccq or rcaucca rcrorc:Rtc. certificate. expuation date. NOTICE OF STATED E R (NOT APPLICABLE UNLESS A NUMBER DAYS IS ENTERED BE Liberty Mutual - BEFORE THE E STATED EXPIRATION DATE THE COMPANY. WILL NOT T CANCEL OR REDUCE THE THE Insurance Group INSURANCE AFFORDED UNDER THE A11OVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: u of Santa Ana Public Works' Agency: M85 Elaine Ulan Los Angeles 10503 : :. AUTHORIZED REPRESENTATIVE.. 220 South Daisy Avenue Building-A 616 w 7th Street, Suite 850 0564408 Los Angeles CA 90017 213-624-1171 6/1712010 1Santa Ana CA 92703 I' 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 +t CERTIFICATE - ADDENDUM NAMED INSURED CERTIFICATE HOLDER 6/17/2010 WEST COAST ARBORISTS, INC City of Santa Ana 2200 EAST VIA BURTON' Public Works Agency M85 ANAHEIM CA 92806 220 South Daisy Avenue Building-A Santa Ana CA 92703 RE: All jobs performed by the named insured during the policy term. Per form CG 2010 0704 and CG 2037 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. Created at www.ecertsONLINE.com IV-AD2 (2002) 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 Organ izations 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 11 - Who Is An Insured is amended to include This insurance does not apply to "bodily injury'" or as an additional insured the person(s) or organization(s) "property damage" occurring after: shown in the Schedule, but only with respect to liability 1. All work, including materials, parts or. equipment for "bodily injury", "property damage" or "personal and furnished in connection with such work, on the pro- advertising injury" caused, in whole or in part, by: ject (other than service, maintenance or repairs) to 1. Your acts or omissions; or be performed by or on behalf of the additional in- 2. The acts or omissions of those acting on your be- sured(s) at the location of the covered operations half; has been completed;, or in the performance of your ongoing operations for the 2• That portion of "your work out of which the injury or additional insured(s) at the location(s) designated damage arises has been put to its intended use by above. any person or organization other than another con- tractor or subcontractor engaged' in performing op- B. With respect to the insurance afforded to these addi- erations for a' principal as a part of the same project. tional insureds, the following additional exclusions ap- ply: This endorsement is executed by the company below designated by an entry in the box opposite its name [ l LIBERTY MUTUAL INSURANCE COMPANY Premium [X I LIBERTY MUTUAL FIRE INSURANCE COMPANY I LIBERTY INSURANCE' CORPORATION Effective Date: 7/1/2010 Expiration Date: 711/2011 [ t LIM INSURANCE CORPORATION [ } THE FIRST LIBERTY INSURANCE CORPORATION For attachment to Policy No.: TB2-661-039499-010 Audit Basis: Issued to: West Coast Arborlsts Inc lk* SGT ITARY PRESIDENT . Countersigned by ...................... ......... ....... .................... ........ .................... Authorized Representative Issued: 7/1/2010 Sales Office and No. Los Angeles, CA / 0603 CG 20 10 07 04 U ISO Properties, Inc., 2004 Page 1' of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 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 ( I LIBERTY MUTUAL INSURANCE COMPANY Premium [ X I LIBERTY MUTUAL FIRE INSURANCE COMPANY [ I LIBERTY INSURANCE CORPORATION Effective Date: 71/2010 Expiration Date: 7/112011 [ I LM INSURANCE CORPORATION [ I THE FIRST LIBERTY INSURANCE CORPORATION For attachment to Policy No.: TB2-661-039499-010 Audit Basis: Issued to: West Coast Arborists Inc 7 SECR F7ARY PRESIDENT Countersigned by......... ...... ................. Issued: 7/1/2010 Authorized Reprtzentative Sales Office and No. Los Angeles, CA i 0603 CG 20 37 07 04 ©1SO Properties, inc., 2004 Page 1 of 1 ? ADDITIONAL INSURED - OWNERS, LESSEE'S 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' Opera- tions 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. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: C0XL'\,IERCLAL GENERAL LIABILITY COVERAGE FORV1 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 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 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 07/01/2010 Expiration Date 07/01/2011 For attachment to Policy No. TB2-661-039499-010 Audit Basis Issued To West Coast Arborists Inc .Vix* Fr 4 SECRETARY Issued 07/01/2010 LN 20 0106 05 Countersigned by Sales Office and No. 0603 PRESIDENT Authorized Representative End. Serial No.