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HomeMy Public PortalAboutC-18-097 - WEST COAST ARBORISTS, INC 2023 APR 20 AMENDMENT NO. 6AMENDMENT NO.6 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment No. 6") by and between the CITY OF CARSON, a California municipal corporation ("City") and WEST COAST ARBORISTS, INC., a California corporation ("Contractor") is effective as of the 6, day of P �t� , 2023. City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City and Contractor entered into that certain Agreement for Contractual Services dated October 1, 2018, ("Agreement") whereby Contractor agreed to provide professional tree maintenance services for public parks, various civic facilities, streets and medians in the City, including tree pruning and maintenance services, mitigation services for risks from tree hazards, and emergency tree maintenance services ("Services"). B. 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. C. In furtherance of such grant, CAL Fire and the City entered into a grant agreement, identified as Grant Agreement 8GG16422, which was twice subsequently amended (collectively, "Grant Agreement"). D. 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 was to perform services under the Tree Planting Project triggering payment of up to $76,440 of the $267,915 grant monies. E. The City and Contractor entered into that certain Amendment No. 1 to Agreement for Contract Services dated January 28, 2020, to implement the Tree Planting Project to add the Tree Planting Project services to the Services provided for in the Agreement, and to increase the Contract Sum from $1,969,764.09 to $2,046,204.09. F. The Agreement term is for three (3) years, from October 1, 2018 through September 30, 2021, and provides City with options to extend for up to three (3) years, either all at once or incrementally, at City's election. City's exercise of the full allotment of the three (3) year extension would result in expiration of all extended terms on September 30, 2024. 1 01007.0006/862870.1 G. The City and Contractor entered into that certain Amendment No. 2 to Agreement for Contract Services dated September 21, 2021, to extend the Agreement term by an additional two (2) months, thereby extending the term to November 30, 2021. H. City and Contractor entered into that certain Amendment No. 3 to Agreement for Contract Services dated March 16, 2022 to further extend the Agreement for thirteen (13) months starting from December 1, 2021 through December 31, 2022, and increase the Contract Sum by an additional $656,588.03 to bring the new Contract Sum from $2,046,204.09 to $2,702,792.12. I. City and Contractor entered into that certain Amendment No. 4 to Agreement dated October 18, 2022, to further extend the tferm for one (1) month starting from January 1, 2023 through January 31, 2023, and increase the Contract Sum by an additional $199,000.00 to cover such extension period bringing the new Contract Sum to $2,901,792.12. J. On December 9, 2022, Contractor submitted a request to the City for a 7.5% cost of living increase pursuant to Section 3.5 of the Agreement (equivalent to an annual contract sum increase of $49,244.16), effective February 1, 2023 and continuing through expiration of the Agreement term. Concurrent therewith, City and Contractor sought to further extend the term for an additional twenty (20) months, from February 1, 2023 through September 30, 2024 ("Final Extension Period"). K. The City reviewed Contractor's request for CPI increase and supporting documentation submitted by Contractor, and determined that the requested 7.5% CPI increase is accurate and appropriate pursuant to Section 3.5 of the Agreement. Therefore, through that certain Amendment No. 5 to Agreement dated February 23, 2023, City and Contractor agreed to extend the Agreement term through the end of the Final Extension Period and increase the Contract Sum by $49,244.16 per annum as a direct result of the CPI increase, thereby increasing the total Contract Sum during the Final Extension Period as a direct result of the CPI increase by $82,073.51. When accounting for the increase to Contract Sum of $82,073.51 together with the increase to the Contract Sum needed to approve Contractor's continued provision of Services until expiration of the Final Extension Period, the Contract Sum increased through Amendment No. 5 by an amount of $1,176,386.91 bringing the adjusted Contract Sum from $2,901,792.12 to $4,078,179.03. L. Now, due to a request by the City Council for Contractor to significantly intensify the volume of its Services to be provided to City through the end of the Final Extension Period of September 30, 2024 with the objective of implementing a more aggressive trimming cycle in order to attain a safer and more aesthetically pleasing urban forest.. City and Contractor desire to again amend the Agreement to increase the Contract Sum by an additional $400,000, which will result in an increased Contract Sum of $4,478,179.03. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in str4 =�te-gi n): A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows: 2 01007.0006/862870.1 "2.1 Contract Sum. 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 Four Million Four Hundred Seventy Eight Thousand One Hundred Seventy Nine Dollars and 3/100 Cents ($4,478,179.03$4,078,179. ) (the "Contract Sum'"), unless additional compensation is approved pursuant to Section 1.10." B. Exhibit "C" (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows: "I. 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): ROUTINE TREE TRIMMING BY ZONE A. Per tree, small 0-6" DSH B. Per tree, medium 7-18" DSH C. Per tree, large, over 18"DSH D. Date palms E. Mexican fan palms F. Queen, Majesty, Kentia, other (King palms are excluded from trimming as they are self- cleaning) REMOVALS G. Per inch DSH, complete tree and stump H. Per inch DSH, tree removal only I. Per inch Dia., stump removal only TREE PLANTING LABOR ONLY J. Per tree, 15 gallon 3 01007.0006/862870.1 RATE QTY ITEM COST $52.65 1,311 PER UNIT $105.35 2,109 PER UNIT $181.65 1,617 PER UNIT $99.95 32 PER UNIT $80.60 215 PER UNIT $52.65 33 PER UNIT $41.90 per City PER UNIT Request $31.15 per City PER UNIT Request $10.75 per City PER UNIT Request $52.65 per City Request PER UNIT K. Per tree, 24 inch box $106.40 per City Request PER UNIT L. Per tree, 36 inch box $267.65 per City Request PER UNIT M. Per tree, 48 inch $375.15 per City Request PER UNIT 1 Inclusive of all labor, tools, equipment, disposal fees and materials necessary for completing the emergency work. 4 01007.0006/862870.1 TREE WATERING N. Per day, watering of planted trees $387.00 per City PER DAY Request CREW RENTAL O. Per hour, 3 people, aerial unit, dump truck $96.751 per City PER MAN HOUR & chipper (day call out) Request P. Per hour, emergency work, pursuant to $129.001 per City PER CREW HOUR Section I(D) of Exhibit A. Request NON -ZONE YEAR TRIMMING Q• Per tree, Queen Palms $52.65 457 PER UNIT (dead fronds and fruit stalks only) R. Per tree, Ficus benjamina $52.65 379 PER UNIT S• Per tree, Coral trees (crown reduction to $310.65 73 PER UNIT reduce limb loss) TREE PLANTING PROJECT T. Per tree, 5 gallon $50 420 PER UNIT U. Per tree, 15 gallon $110 504 PER UNIT TOTALS 1 Inclusive of all labor, tools, equipment, disposal fees and materials necessary for completing the emergency work. 4 01007.0006/862870.1 All trees @ 7 zones per year, plus 5% removals, plus non -zone year trimming for Queen Palms, Ficus benjamina, and Coral Trees, plus Tree Planting Project. Total Contract Amount $4;878-1-7.9 8 CONTRACT TERM .$4,478,179.03 Il. 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 of funds allotted for the Tree Planting Project, so long as the Contract Sum is not exceeded per Section 2. 1, unless Additional Services are approved per Section 1.8. III. 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. IV. The total compensation for the Services shall not exceed $4,478,179.03 $4,078,17 as provided in Section 2.1 of this Agreement." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5 shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 6, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 6, Amendment No. 5, Amendment No. 4, Amendment No. 3, Amendment No. 2 and Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5. Each parry represents and warrants to the other that 5 01007.0006/862870.1 there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5. Each party represents and warrants to the other that the Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5 and this Amendment No. 6, is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 6, 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 Consultant that, as of the date of this Amendment No. 6. Consultant 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 No. 6. 5. Authority. The persons executing this Amendment No. 6 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 No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 6 01007.0006/862870.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 on the date and year first -above written. Dr. APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP CITY: CITY CARSON, a municipal corporation Lu Davis -Holmes, Mayor .,tj&^e Hi;kK was' Pro G.w CONTRACTOR: WEST COASTA ORISTS, IN a California corporation By: Name: Patric Mahoney Title: President By: Z� Name: Richard Mahoney Title: Assistant Secre Address: 2200 E. Vi urton Street Anaheim, CA 92806 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, 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. 01007.00061862870.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 on the date and year first -above written. ATTEST: Dr. Khaleah R. Bradshaw, City Cler APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: CITY OF CARSON, a myuieipgl corporation Lula D is -Holmes, oi4 ` haw n e H% (-tax, My4ffr Pro Te.,* CONTRACTOR: WEST COAST ARBORISTS, INC., a California corporation /) By: I - V Name: Patrick Mahoney Title: President By: Name: Richard M y Title: Assistant S Address: 2200 E. Via Burton Street Anaheim, CA 92806 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, 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. 7 01007.0006/862870.1 .a tTE..atm 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 California County of Orange On 3/31/23 before me, Date Amelia Menzel, Notary Public Here Insert Name and Title of the Officer personally appeared Patrick Mahoney and Richard Mahoney Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o AMELIA MENZEL WITNESS ,0z ,z Notary Public - California Orange County Commission # 2284387 My Comm. Expires Apr 5, 2023 Signature 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 ,,�ff Title or Type of Document: �iovi ,}iq,r"Le�"T Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney ® Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WCA, Inc. Signer's Name: Richard Mahoney ® Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WCA, Inc. /,L'%G\t/GC✓• GC✓. G�+'/L\✓L<LG"✓.GC✓G\✓•G\✓•LC✓•L<✓•GC✓•L<✓.LC✓L<✓.G\✓.LC✓,G<'!�i<'!�i<✓•G�✓.G�✓.G�+/.� j/. �✓.G�✓�a!�✓.h+/GC+/GCi/G<✓.4�✓.GC✓•G\✓GC✓.GC✓. G\+!G«!GC✓G<✓L\✓G<+'/•L�t/.L '4 '® CERTIFICATE OF LIABILITY INSURANCEF��E(PAMD02YYYY} 06(27!2022 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 Aon Risk Insurance Services West, Inc. Los Angeles CA Office CONTACT NAME. (A1C. No. Ext): HONE <$66) 283-7122 No.): (800) 363-0105 E-MAIL ADDRESS: 707 Wilshire Boulevard Suite 2600 INSURER(S) AFFORDING COVERAGE NAIC # LOS Angeles CA 90017-0460 USA 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 INSURER D: INSURER E: INSURER F: DAMAGE TO AT:� PREMISES Ea occurrence $1,000,000 lK4l'lai(_lCt•13:iI17Ly_\I=19to] tit 1=la:ff.TL11/rr1.1# -ELf:L 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 RESPECT TO 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 LTR TYPE OF INSURANCE ADDL INSD WVD SUBRI POLICY NUMBER POLICY EFF MWDDNYYY POLICY EXP MMiDDtYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PO Box 6234, Carson CA 90749 USA 1000100141221 `CcJ /�C4y EACH OCCURRENCE $2,000,000 cJ CLAIMS -MADE ❑X OCCUR DAMAGE TO AT:� PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $2,000,000 GENLAGGREGAATELIMITAPPLIESPER: GENERAL AGGREGATE $4,000,000 POLICY (X ��IPRO- ❑ LOC u JECT PRODUCTS - COMP;OP AGG $4,000,000 OTHER: A AUTOMOBILE LIABILITY 1000198198221 07/01/2022 07/01/2023 COMBINED SINGLE LIMIT $ a accident) 2,000,000 BODILY INJURY ( Per person) X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE Per accidentI UMBRELLA LIAR EACH OCCURRENCE EXCESS LIAB HOCCUR CLAIMS -MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR I PARTNER,` EXECUTIVE Y!N OFFICER'MEMSEREXCLUDED? o in NH) (MIf N/A 1000004228 workers Comp CA SIR applies per policy ter 07/01/2022 s & condi 07/01/2023 ions X PER STATUTE I OTH- ••••••- E.LEACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE S11000,000 yyandatory DESs. describe under CRIPT N OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS J LOCATIONS / VEHICLES (ACORD 701, Additional Remarks Schedule, may be attached it more space is required) The City of Carson, California and The Carson Redevelopment Agency and its or their elected officials, officers, agents and employees are included as Additional Insured in accordance with the of the General Liability and Automobile policy provisions Liability policies. General Liability policy evidenced herein are Primary and Non -Contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of The City of Carson, California and The Carson Redevelopment Agency and its or their elected officials, officers, agents and employees in accordance with the policy provisions of the General Liability, Automobile Liability and Workers Compensation policies. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Insurance Approved EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PP POLICY PROVISIONS. The City of Carson AUTHORIZED REPRESENTATIVE Risk Management By. KI PO Box 6234, Carson CA 90749 USA `CcJ /�C4y Date: 12/8/2022 cJ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000083713 LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Insurance services West, Inc. NAMEDINSURED West coast Arborists, Inc. POLICY NUMBER See certificate Number: 570094094494 CARRIER see certificate Number: 570094094494 NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1000100141221 Effective: 07/01/2022 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ! • LN FTJ 0 hIL RgHt/' • ' • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations City of Carson, CA and The Carson Redevelopment Where Required By Written Contract Agency and its or their elected officials, officers, agents and employees 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 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 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 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 1000100141221 Effective: 07/01/2022 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • • •' 1 K4 • A •' • O 91' '?IAZ?IA • 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 Organ izations : Location And Description Of Completed 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 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 insuranceafforded 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 111— 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 Page 1 of 1 *Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Policy Number: 1000198198221 Effective Date: July 1, 2022 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) The City of Carson, California and the Carson Redevelopment Agency and its or their elected officials, officers, agents and employees 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) Page 1 of 1 Copyright © Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. * Starr Indemnity s Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERJ AGAINST OTHERS . US Policy Number: 1000198198221 Effective Date: 07/01/2022 at 12:01 A.M. Named Insured: West Coast Arborists, Inc. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee. All other terms, conditions and exclusions of the policy shall remain unchanged. Signed for STARR INDEMNITY & LIABILITY COMPANY Steve Blakey, President Nehemiah E. Ginsburg, GeneraCounsel SICA 1020 (03/12) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. Effective: 07/01/2022 z to]] M! AVC JAI 1116 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Carson, CA and The Carson Redevelopment Agency and its or their elected officials, officers, agents and Employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 Primary and Non -Contributory Condition Policy Number: 1000100141221 Effective Date: July 1, 2022 at 12:01 A.M. Named Insured: West Coast Arborists, Inc. This endorsement modifies insurance provided under the: 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 Steve Blakey, President r Nehemiah E. Ginsburg, General 7 ounsel OG 107 (04/11) Page 1 of 1 Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved. Includes copyrighted material of ISO Properties, Inc., used with its permission. POLICY NUMBER: 1000198198221 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 POLICY NUMBER: 1000198198221 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: West Coast Arborists, Inc. Endorsement Effective Date: 07/0112022 SCHEDULE Name Of Person(s) Or Organization(s): Where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. Person or Organization 2.0% of the California workers' compensation premium Schedule Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss. Job Description Where required by contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective: 07/01/2022 Policy No.: 100 0004228 Insured: West Coast Arborists, Inc. Premium: Insurance Company: Starr Specialty & Liability Company Countersigned by; Endorsement No.: WC 04 03 06 (Ed. 04-84) Page 1 of 1