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HomeMy Public PortalAboutC-18-097 - West Coast Arborists, Inc. (WCA) Amendment No. 1, Tree ServicesAMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES OX3 ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and WEST COAST A�tSTS, I7td� li ornia Corporation ("WCA" or �1 "Contractor") is effective as of the day of , 2020. RECITALS A. City and WCA entered into that certain Agreement for Contractual Services dated October 1, 2018, ("Agreement") whereby WCA agreed to provide professional tree maintenance services for public parks, various civic facilities, streets and medians in the City, which services are more fully described in Exhibit" A" of the Agreement. B. The Agreement provided for tree pruning and maintenance services, mitigation services for risks from tree hazards, and emergency tree maintenance services ("Services"). C. In August 2017, City was awarded a grant of up to $267,915 from the California Department of Forestry and Fire Protection ("CAL Fire") for the Carson Tree Expansion & Improvement Project ("Tree Planting Project") as part of the Urban & Community Forestry California Climate Investment Grants program. D. In furtherance of such grant, CAL Fire and the City entered into a grant agreement, identified as Grant Agreement 8GG 16422, which was twice subsequently amended (collectively, "Grant Agreement"). E. Under the Grant Agreement, the Tree Planting Project consists of the planting of up to 1,440 trees by March 30, 2021, as part of the City's mitigation efforts to decrease GHG emissions, as well as for the promotion of urban forestry through educational community outreach. Under this program, City is to be paid grant monies on a reimbursement basis, which means any compensation paid by City to any contractor under the Tree Planting Project up to $267,915 is subject to reimbursement under the Grant Agreement. However, Contractor will perform services under the Tree Planting Project triggering payment of up to $76,440 of the $267,915 grant monies, as more particularly described in Exhibit "C" of the Agreement. F. The City now desires to implement the Tree Planting Project using WCA's services, where the services for the Tree Planting Project would be in addition to the current Services provided for in the Agreement. G. The City and WCA now desire to amend the Agreement for professional tree maintenance services to include the additional tree planting services in accordance with the grant terms agreed to for the Tree PIanting Project. 01 007 0006/618290 3 TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in Gold italics, deleted text in Wig#): A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Nundr-ed Sixty Feur and 091100 Dellar-s (S 1,969,764.09) Two Million Forty Six Thousand Two Hundred Four Dollars and 091100 Cents ($2,046,104.09) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.10." B. Section I of Exhibit "A" (Scope of Services) of the Agreement is hereby amended to read in its entirety as follows: "West Coast Arborist, Inc. ("WCA" or "Contractor") will perform the following tree maintenance Services in various public parkways, medians, parks, and civic facilities in the City of Carson. The following Specifications and this Agreement do not guarantee any specific amount of work; as the scope, inventory -tom, trimming and planting frequency of trees may increase or decrease annually depending upon public policy or available funding resources. A. Standards. In all cases, the City's femme -Contract Officer shall have the sole discretion in determining conformance and acceptability of trees #ififlied planted and maintained by WCA. wed Serviced trees rejected by the City's r-eppese Fie Contract Officer shall be excluded from payment, or redone at no cost, to the reasonable satisfaction of the Gity's mpresentafiN,eContract Officer. B. Schedule. i. Tree Pruning and Maintenance. WCA shall perform tree pruning and maintenance duties in accordance with the grid schedule approved by the Contract Officer and set forth in Section VI of this Exhibit "A." ia. The City of Carson is divided into a grid of twenty-one (21) Tree Maintenance Zones, as referenced in Section 3914 (Pruning Cycles) in the Carson Municipal Code and provided in Section VI herein, which shall be used to schedule routine tree maintenance in the City. WCA shall perform tree maintenance services for seven (7) zones annually within a three (3) year trim cycle. 4b. WCA shall perform, as needed, additional tree maintenance on the Queen Palms (dead fronds and fruit stalks only), Ficus benjamina (raise for street clearance), and Coral trees (crown reduction to reduce limb loss) every year, including zone and non -zone years. 2 01007.000&618290$ ii. Tree Planting. WC4 shall perform tree planting services as directed by the Contract Officer and in accordance with the Grant Agreement and objectives of the Tree Planting Project. a. WCA shall be given the time period, specific location, and type of tree species to be planted for each tree planted as part of the Tree Planting Project by the Contract Officer. The Contract Officer will coordinate with WCA regarding site and/or community preparation prior to the time for planting. b. Planted trees shall be inspected and approved by lire Contract Officer, and shall be included in the Urban Forest Inventory maintained by WCA, as provided in Section II of lit is Exit ib it "A." C. Tree Hazards. i. In the event that WCA determines, or is made aware, that a tree is a risk to public safety deelining-er- dead) and the is creating a foreseeable risk of personal injury or property damage, reasonable measures shall be taken to remedy the condition of the tree in order to eliminate or substantially limit the risk ofpersonal injury or property damage to the public -and The following trees may pose a risk to public safety that create a foreseeable risk of personal injury or property damage. a. " tree that i Trees in poor condition lashaving one or more conditions that include but are not limited to: large decay pockets, severe insect or disease problems, twig and branch problems, poor vigor, serious structural defects and/or similar conditions. b. Poorly structured trees that have hazardous cracks or structural problems that the have a potential for tree failure which cannot be mitigated through pruning. c. Diseased or declining trees that are beyond any management strategy available to recover them. d. Dead trees that require immediate removal shouldhemmeved as seen pessible. ii. If in the performance of its duties, WCA determines, or is z,=ade awafe-informed by the Contract Officer, that a tree is in poor condition and/or posing an immediate or potential risk to public safety, WCA shall -pr-a ly immediately and in no event later than within twenty-four (24) hours after making such determination or being made aware, inform the Contract Officer of the steps to be taken and an estimated time frame to address the risk through structural pruning, or the prescription and application of authorized treatment procedures, and/or removal. iii. In the event tree removal is the recommended response, WCA shall immediately and in no event later than within twenty-four (24) hours notify the City's Contract Officer of the recommendation and simultaneously secure the tree and the (potential) hazard so as to 3 010070006/618290 5 prevent any immediate threat to public safety. Any removal must be authorized in writing by the Contract Officer. D. Emergency / On -Call Work. i. The Contractor shall be required to provide emergency / "on-call" response to tree -related hazards such as hanging limbs, wind damaged, or down trees. This may be at night or during storm conditions. The Contractor shall be given specific locations and the work to be done at each location via telephone call from the Contract Officer. The Contractor shall be required to start the work indicated within ninety (90) minutes of the initial telephone call and report back to the Contract Officer upon completion of the work specified. ii. The Contractor is required to provide 24 hour emergency phone numbers and names of a minimum of two (2) contact individuals within one week of start of contract term. Should the phone number or contact person change during the course of the contract those changes must be provided to the City. iii. The Contractor shall be required to provide all traffic control required during his emergency operations. Should the work involve any high voltage lines, the contractor shall be required to notify the responsible utility company. iv. Work performed under the emergency provision of this contract shall be paid on a per "crew hour" basis in accordance with Item P in Section 1 of Exhibit C (Schedule of Compensation). This shall include all labor, tools, equipment, disposal fees, and materials necessary for completing the emergency work. E. Genera! Specifications. Services shall be performed in accordance with the following Specifications: i. All work shall conform to: the Pruning Standards of the Western Chapter International Society of Arboriculture (ISA) in ANSI A300 (2017 Pruning); specifications set forth in Article [I] (Public Safety), Chapter 9 (City Tree Preservation and Protection) of the Carson Municipal Code; the WCA Contract Tree Trimming Services Proposal (No. P17-25) to City of Carson dated January 3, 2018, which is incorporated herein by reference and made a part of this Agreement thereby, and which shall be superseded by this Agreement in the event of conflict; and, the Specifications contained herein. ii. WCA shall comply with Standards of CAI. OSHA and the American National Standard Institute (ANSI), Z I33.1-1988 (or most recent) Safety requirements including any City special conditions. iii. WCA shall provide and post "No Parking" signs 48 hours in advance of the work on streets which have trees which are to be trimmed, while considering and coordinating with the street sweeping predetermined schedules. Nails, staples, screws, or tacks shall not be used to post signs. It is acceptable to use string, wire, or tape. iv. WCA shall maintain good public relations at all times. Work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work 4 01D07 00061618290 5 shall be performed by competent employees and supervised by an experienced supervisor in tree trimming operations. WCA shall maintain at least one (1) bilingual (English and Spanish) speaking foreman, on site, at all times. WCA shall be responsible for notifying residents at each location of the intended tree operations in the form of posting at WCA's expense at least two (2) days prior to beginning work at such location. V. WCA shall exercise precautions as necessary when working adjacent to aerial or underground utilities. In the event that aerial utility wires present a hazard to WCA's personnel or others near the work site, work is to immediately cease and WCA shall immediately notify the appropriate utility company and the City. Work shall then commence in accordance with instruction from the utility company, and WCA shall notify City of such instructions. WCA is responsible to notify Underground Services Alert (USA) at 1-5004224133. vi. No hooks, gaffs, spurs or climbers shall be used by anyone employed for trimming. Plants or other material growing on or attached to the trees shall be removed to ground level at time of tree trimming. All visible nails, screws, staples, wire, or tacks shall be removed if possible without further damaging the tree. vii. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callous growth, but not flush cut. viii. When trimming fungus, disease or fire blight -infested limbs or fronds, all pruning tools shall be cleaned after each cut with approved disinfectant. ix. Unless otherwise approved in writing by Contract OfficerGity, trees shall are to be trimmed block by block, subject to the instructions of the Contract Officer or his or her authorized representative. X. Topping is not permitted on any tree, except by specific direction from the Contract Officer. "Rounding off' shall be considered topping. Restoration pruning shall be done on formerly topped trees as a regular part of work. F. Additional Requirements. i. The specific techniques employed shall be consistent with industry practice as previously stated, for the size and species of the tree being trimmed. ii. Contractor shall raise lower limbs on the street side and to the sidewalk side, where practical, to a minimum height of 13'6" from the top of the curb, and 9' from the sidewalk, without detracting from the natural shape of the tree. Contractor shall trim to clear streets lights within 10 feet. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. Crown reduction cuts shall be done to minimize branch end weight load. Trees must be trimmed to clear all structures by at least 5'. iii. Palm Trim shall consist of. removing all dead or drooping fronds and fruiting structures as close to the trunk as possible without cutting into outer trunk line, leaving, at least, all healthy fronds above a horizontal plane at the head of the palm tree. All dead frond sheaths shall be removed along the entire Iength of the tree. On all Date Palms, pruning tools and live cut 5 01007 00061618290 5 surfaces shall be disinfected with a ten (10) percent chlorine bleach solution after each cut and between trees where there is danger of transmitting disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. iv. Contractor shall ensure that private property and vehicles at work locations are not endangered or damaged during the course of work. City will serve as mediator between Contractor and the owner of damaged property in the event damage occurs during the course of work pursuant to this Agreement. V. Contractor shall be responsible for the protection of all improvements adjacent to work areas, including, but not limited to, sprinkler systems, drain pipes, lawns, plantings, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, Iawns, and paving located on public or private property. If any improvements are removed or damaged by Contractor, other than those scheduled for removal, such improvements shall be replaced in kind at no cost to City, and to the satisfaction of the Contract Officer Gity and the affected property owner no later than five (5) working days after the date of damage or removal. Plywood or better is to be provided by Contractor and used to protect any lawns from damage. vi. Brush and debris shall be removed, sidewalks swept, parkways raked out and gutters cleaned daily. Cut branches ("hangers") shall not be left in the trees. No brush, leaves, debris, trucks, or equipment shall remain on the street overnight without the written authorization of the Contract Officer Gity's ___::'.c'_:. _. The Contract Officer City's ___n±ati _ shall be the soleseld judge as to the adequacy of clean up and shall have the authority to direct further clean up with results the same day. This may include use of City staff on overtime, which will result in costs deducted from Contractor's billing. vii. In cases where it is determined that the trees scheduled for removal have died due to Eucalyptus Longhorn Borer, Turpentine Beatle, Polyphagus Shot Hole Borer, or other pests or diseases, the wood shall be disposed of by hauling to an appropriate disposal station. At no time shall any wood from trees having died from the above be hauled anywhere other than the appropriate disposal station. The Contract Officer CityRcp-c__nta±ive must approve the disposal station or method prior to any disposal taking place. While in transport, the Contractor shall make sure that no debris spills out of any truck. If debris does spill out, Contractor shall-,ed+f se; take appropriate and all necessary steps to clean Ofem it up at Contractor's expense. Cost of transportation and dumping fees will be the responsibility of the Contractor. viii. Trees with known pathogens that can be spread with pruning tools shall be pruned using additional caution. All significant pest, disease or structural weaknesses or defects observed by the Contractor while performing this work shall be promptly reported to the Contract Officer-Gity. Contractor must avoid pruning on windy days, as determined by the Contract Officer, to reduce the transmission of spores. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. Acceptable sterilization methods include a ten percent (10%) bleach solution for ten (10) minutes or handheld butane/propane torch heating for 15 seconds per side. All major diseases and/or pest problems shall be promptly reported to the Contract Officer. 6 01047 00061616240 5 ix. Wood with known wood -boring insect infestations shall be chipped into pieces smaller than four (4) inches. Wood that is infected with disease shall be handled and disposed of in a manner that minimizes the possibility of transmission of the disease. This might entail not working on windy days, as determined by the Contract Officer, to reduce transmission of spores and transporting green waste in covered containers. G. Specifications for Tree Removal. L Tree removal is an integral part in the maintenance of the community forest. ii. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent an eighteen inch (18") depth in which event the stumps shall be ground to lire maximum depth allowed by the utilities. Grinding of stumps shall be completed within twenty-one (21) days of tree removal, and the parkway area within twelve feet (12') in either direction of the removed tree shall be consistently level to plus or minus one inch from adjacent curb top and sidewalk. iii. Contractor must comply with all underground service alert requirements and reporting. iv. All excavation as a result of this process shall be back filled and/or consistently level with surrounding soil and hardscape, compacted and fine graded, but allowing for some settling consistent with industry standards. V. The trees to be removed shall be marked by the Contract Officer with an orange band of paint around the tree trunk. Only those trees so marked by the Contract Officer shall be removed by the Contractor. In the event that it is unclear to the Contractor whether a tree has been marked for removal by lire Contract Officer, Contractor shall obtain written confirmation from the Contract Officer prior to the removal of such tree. vi. Trees shall be felled in a manner consistent with industry practice with the primary emphasis on the safety of the public and the protection of adjacent property. vii. The Contractor shall be responsible for contacting Underground Service Alert (USA) at 1-800422-4133 for the locating of underground utilities prior to stumping operations. H. Disposal of Materials / Recycling. i. All green waste produced as a result of the Contractor's operations under this contract will be reduced, reused, recycled, and/or transformed. Weight slips will be required as proof of final disposal and must be submitted with each demand for payment. ii. Reducing shall include but not be limited to chipping, grinding, and/or shredding operations. Disposal shall is-te be at a recycling yard for use in a tub grinding and mulching, or composting program and proof of such will be provided with each demand for payment. iii. Reusing will include, but not limited to using chipped, ground or shredded tree materials as mulch. If the Contractor has a location outside the City of Carson where such mulch 7 01007 00061618240 5 may be applied, Contractor is to provide to the City documentation (with each demand for payment) from the property owner indicating location and amount of material that will be used at that location. Tree chips diverted for mulch within the City shall be reported by approximate tonnage. iv. Recycling will include, but not be limited to, firewood that is too large to be chipped, ground or shredded for use as mulch. Transformation will include, but not be limited to, firewood that is too large to be chipped, ground or shredded for use as mulch. If wood is to be kept for firewood by Contractor, the Contractor must provide to the City proof of such an operation with each demand for payment. I. Clean Up. i. Each day's scheduled work shall be completed and all debris, cuttings, and trimmings shall be removed from the site. UNDER NO CIRCUMSTANCES SHALL ANY BRUSH, LEAVES, DEBRIS, TRUCKS, OR EQUIPMENT REMAIN ON THE STREET OVERNIGHT WITHOUT AUTHORIZATION FROM THE CONTRACT OFFICER. ii. The Contract Officer shall be the sole judge as to the adequacy of the clean-up and will have the authority to direct further clean up with results expected that same day. This may include use of City personnel on an overtime basis, which will result in costs deducted from contractor's billing. iii. Contractor shall be responsible for the protection of all improvements adjacent to the work areas, including but not limited to, sprinkler systems, drain pipes, lawns, plantings, brick or masonry work, mailboxes, lights, fences, walls, sidewalks, street paving, etc. located on either public or private property. Any improvements removed or damaged, other than those scheduled for removal, shall be replaced in kind at contractor's expense without cost to the City, and to the entire satisfaction of the Contract Officer eta€€ and/or property owner. Replacement shall be no later than five (5) working days from date of damage, unless extended by the Contract Officer." C. Subsection B of Section II of Exhibit "A" (Scope of Services) of the Agreement is hereby amended to read as follows: "Tree Hazards. A detailed summary of any and all actions taken by WCA pursuant to Section I(C) and (P) of this Exhibit "A" concerning trees posing an immediate or potential risk to public safety, as well as a detailed summary of the risk, within three (3) working days of the action taken. This summary shall be provided to both the City's Contract Officer as well as the City's Director of Risk Management. D. Exhibit "C" (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows: "Contractor shall perform the following tasks at the following rates provided herein (Contractor to provide all materials, supplies, personnel, etc., inclusive with the rates provided below unless otherwise expressly specified): 8 01007 00061618290 5 REMOVALS G. Per inch DSH, complete tree and stump $39.00 per City PER UNIT Request H. Per inch DSH, tree removal only $29.00 per City PER UNIT Request I. Per inch Dia., stump removal only $10.00 per City PER UNIT Request TREE PLANTING LABOR ONLY ROUTINE TREE TRIMMING BY ZONE RATE QTY ITEM COST A. Per tree, small 0-6" DSH $49.00 1,311 $64,239.00 B. Per tree, medium 7-18" DSH $98.00 2,109 $206,682.00 C. Per tree, large, over 18"DSH $169.00 1,617 $273,273.00 D. Date palms $93.00 32 $2,976.00 E. Mexican fan palms $75.00 215 $16,125.00 F. Queen, Majesty, Kentia, other (King palms $49.00 33 $1,617.00 are excluded from trimming as they are self- cleaning) REMOVALS G. Per inch DSH, complete tree and stump $39.00 per City PER UNIT Request H. Per inch DSH, tree removal only $29.00 per City PER UNIT Request I. Per inch Dia., stump removal only $10.00 per City PER UNIT Request TREE PLANTING LABOR ONLY J. Per tree, 15 gallon $49.00 per City Request PER UNIT K. Per tree, 24 inch box $99.00 per City Request PER UNIT L. Per tree, 36 inch box $249.00 per City Request PER UNIT M. Per tree, 48 inch $349.00 per City Request PER UNIT TREE WATERING N. Per day, watering of planted trees $360.00 per City PER DAY Request 9 01007 0006/618290 5 1 Inclusive of all labor, tools, equipment, disposal fees and materials necessary for completing the emergency work. 10 01007 0o0G1618290.5 CREW RENTAL O. Per hour, 3 people, aerial unit, dump truck & $90.001 per City PER MAN chipper (day call out) Request HOUR P. Per hour, emergency work, pursuant to $120.001 per City PER CREW Section I(D) of Exhibit A. Request HOUR NON -ZONE YEAR TRIMMING Q. Per tree, Queen Palms $49.00 457 $22,393.00 (dead fronds and fruit stalks only) R. Per tree, Ficus benjamina $49.00 379 $18,571.00 S. Per tree, Coral trees (crown reduction to $289.00 reduce limb loss) 73 $21,097.00 TOTALS.6.11 trees @ 7 zones PeF year-, plus 594 QQ� ������ 4�77�� ��}}!�1 �5 9Y,FFT7 0 PER V E;'lTfD'c All trees a 7 zones per year, plus 5% $656,588.03 PER YEAR removals, plus non -zone year trimming for Queen Palms, Ficus benjamina, and Coral Trees Subtotal $1,969,764.09 CONTRACT TERM TREE PLANTING PROJECT T. Per tree, 5 gallon, per Grant Agreement $50 420 $11,000 (1X) U. Per tree, 15 gallon, per Grant Agreement $110 504 $55,440 (1X) Subtotal T -9T417 $76,440 1 Inclusive of all labor, tools, equipment, disposal fees and materials necessary for completing the emergency work. 10 01007 0o0G1618290.5 Total Contract Amount 1,969,264 00 CONTRACT TERM $2.046.204.09 491. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another, with the exception offunds allotted for the Tree Planting Project, so Iong as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. VVIII. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items describing the work performed (including a listing of completed work by street address, tree species, work performed, and date the work was performed), the number of hours worked, the hourly rate, and other data as requested by the City. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. E. Each invoice shall include all recycling receipts or proof of reusing and reducing operations. VIi! The total compensation for the Services shall not exceedS1,969,44.09 $2,046,204.09 as provided in Section 2.1 of this Agreement." E. Exhibit "D" (Schedule of Performance) of the Agreement is hereby amended to read in its entirety as follows: 1. Weekly Work Schedule. a. Contractor shall, prior to commencing performance of the Services, eltain provide a en—appl=eN,ed weekly work schedule indicating the order, location and completion of work, to € &w the Contract Officer for approval. The approved weekly work schedule is subject to change by the Contract Officer upon reasonable notice to Contractor. b. Contractor shall perform all Services timely in accordance with the weekly work schedule. 01007 0006/618290 5 11. Weekly Meetings a. Contractor, field leadperson or foreperson shall meet with the Contract Officer, at place of Contract Officer's designation, each Monday between 7:00 and 7:30 a.m. for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job during the previous week. b. At sole discretion of Contract Officer the time and place of the weekly meetings are subject to change upon written notice to Contractor Ill. Changes to Schedule of Performance. a. Contractor shall notify the City in writing of any changes in start date of each tree maintenance operation at least 24 hours in advance or either the scheduled start date, or the new start date, whichever is earlier in time. b. Should the Contractor discontinue work for any reason, the City must be notified immediately as to the rationale behind the shut -down and the restarting date of operations. IV. Hours of Performance a. The general hours of operation shall be 7:00 a.m. to 4:30 p.m. with respect to any chipping, cutting or other operations generating harsh or unusual noise. b. The days of operations shall be Monday through Thursday. However, at the sole discretion of the City, some areas within the City may require that work be completed at night and on Fridays or weekends. c. The Contractor shall schedule operations with the Contract Officer to accommodate the City's 4110 work plan. d. NO WORK SHALL BE PERFORMED WITHOUT THE WRITTEN APPROVAL OF OR A WRITTEN REQUEST FROM THE CONTRACT OFFICER. V Tree Planting Project All tree planting shall be completed in accordance with the Grant Agreement and Tree Planting Project as and when directed by the Contract Officer. VI. Contractor shall deliver the following tangible work products to the City Contract Officer and Risk Manager within the following timelines: A. Urban Forest Inventory. WCA shall provide an ongoing tree site inventory, which shall serve as a database of the City's Urban Forest, as referenced in the Technical Approach section of the WCA Contract Tree Trimming Services Proposal (No. P 17-25) to City of Carson dated January 3, 2018, which is incorporated herein by 12 01007 0006/618290 5 reference and made a part of this Agreement thereby. WCA shall continue to maintain and update the inventory throughout the term of this Agreement, by area as it is billed. The data will be collected in fields that represent each individual tree. The records include Tree Species, Condition, Diameter (DBH/DSH), GPS Location, Date of last maintenance, and inspection Comments. City may modify the foregoing fields to accommodate City's needs. B. Tree Hazards. A detailed summary of any and all actions taken by WCA pursuant to Sections I(C) of Exhibit "A " and (D) concerning trees posing an immediate or potential risk to public safety, as well as a detailed summary of the risk, within three (3) working days of the action taken. This summary shall be provided to both the City's Contract Officer as well as the City's Director of Risk Management. C. Photographs. When requested, Contractor shall supply the Contract Officer with photographs of "Before and After" trimming that are suitable for reproduction. Contractor shall supply the Contract Officer with photos of sites where damage has occurred to public and/or private property or person (s). VII. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 2. Continuing Effect of Agreement. Except as amended by this Agreement, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 1 01007 0006161 6240 5 5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 14 01007 000616 k 8290 5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. AT"T"EST: APPROVED AS TO FORM. ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [ltf and rel] CITY: CITY OF CARSON, a Mayor CONTRACTOR: kipal corporation WEST COAST ARBORISTS, INC., a California Corporation By: Name:atricic LMahoney Title: President - ------- By- --- By_ `—.-' Richard Mahoney Title: Secretary Address: West Coast Arb 2200 E. Via Burton StreJ Anaheim, CA 92806 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each or the following groups: 1) Chairman of the Baard, President or any Vice President, and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 15 0107 0006&616290 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of Califomia County of ORANGE On 418120 Date before me, Amelia I. Menzel, Notary Public , Here Insert Name and Title of the Officer personally appeared Patrick Mahoney andRichardMahoney Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso s whose nams are subscri to the within instrument and acknowledge a that t xecuted the same�in bi their thorized capaci les and that by he' ignatur on the nstrument the persas , or the en ty upon behalf of whit he persoracted, executed the instrument. AMELIA MENZEL Notary Public . California r orange County Commission ' 2284381 My Comm, Expires Apr 5. 2 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd an (ficial al. Signature Signature f Not Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: City of Carson Amendment No, 1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity[ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney N Corporate Officer — Title(s): Presidpnt ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WCA, Inc. Signer's Name: Richard Mahone ® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WCA Inc. 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Certificate of Insurance TION ONLY AND CONFERS NO RIGHTS ALTER THE COVERAGE AFFORDED BY TH 2-5 THE CERTIFICPSE HOLDER. THIS CERTIFICATE LISTED BELOW, POLICY LIhIHS ARI: NO LBSTI This is to Certify that I -WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON NAMEANESSD ibertyINSURANCE N C E 1. ANAHEIM CA 92806 OFINSURED ! I is, •a_t the issue date of this certificate, insured by the Company under the policy(ics) listed below The insurance afforded by the listed policy(ics) is subject to all their Eerms. exclusions and Condtti,ns and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. • lfthe certificate expumtion date is cominuaus ar extended term, you will be notified ifcorerage is terminated or reduced before the certificate expiration date NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE THE STATED E.CPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO' Liberty Mutual Insurance Group FiThe City of Carson EXP DATE L.�✓ TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICI' NU\IBER LWIIT OF LIABILITY PO Box 6234 L a Carson CA 9a749 ❑ POLICY TEPNI Los Angeles / 0603 AUTHORIZED REPRESENTATIVE (YORKERS COMPENSATION Statutory Limits 7/112020 WA7-66D-039499-079 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES All States Except ND, OH, WA. WY EMPLOYERS LIABILITI Bodily Ine? by Accident 1 000 000 F.ach Acudent Bodily Injury By Disease 213-443-0782 6118/2019 OFFICE PHONE DATE ISSUED $1,000,000 Bodily Injury By Disease 100a 000 CONMI F RC1 A 1. GENERAL LIABILITY 7/1/2020 TB2-661-039499-019 General Aggregate $2,000,000 ED OCCURREN11- ❑ f LAIAIS RIAD4 Products, Completed Operations Aggregate $2,000,000 Loch Occurrence $2,000,000 RLTRO DATE Personal & Advertising Injury $2,000,000 PcrPcrson Organization 11 011ier Damage to remises rented to thtr AUTOMOBILE LIABILITY 7/112020 AS7-661-039499-039 Each Accident SingleLnml $2,000,000 B.I AndPD Combined 121 OWNED Each Person Each Accident or Occurrence mNON -OWNED ❑ HIRED Foch Accident or Occurrence t]Z EI!]i ADDITIONAL COSINIENTS See Addendum • lfthe certificate expumtion date is cominuaus ar extended term, you will be notified ifcorerage is terminated or reduced before the certificate expiration date NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE THE STATED E.CPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO' Liberty Mutual Insurance Group FiThe City of Carson L.�✓ Risk Management Elaine Ulan PO Box 6234 L a Carson CA 9a749 Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 618 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213-443-0782 6118/2019 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 491400sa I LM_2};} I.+19 -'x/20 - k -L/2/2, AL/2, WC/1 I Donna Sri La:a I 6/LH/2019 S:S1:tS AM (CDT) I Page 1 of 2 LDI COI 268896 02 11 POLICY NUMBER: TB2-661-039499-019 COMMERCIAL GENERAL LIABILITY CG 2010 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 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", "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. 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; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): Any owner, lessee, or contractor for whom you have Any location work is performed 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. CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: AS7-661-039499-039 COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respectto coverage provided by this endorsement, the provisionsof the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 0 Insurance Services Office, Inc„ 2011 Page 1 of 1 POLICY NUMBER: T132-661-039499-019 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 0104 13 © Insurance Services Office, Inc., 2012 Page 1 of 1