AMENDMENT NO. 4 TO
MAINTENANCE SERVICES AGREEMENT
PROVISION OF TREE TRIMMING SERVICES SERVICES WITH
WEST COAST ARBORISTS INC.
This Amendment No. 4 ("Amendment") to the Maintenance Services Agreement is made and entered into and effective the 24th day of January, 2023 by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation, ("CITY") and West Coast Arborists, Inc, a California corporation (hereinafter "CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. Recitals.
(i). CITY and CONTRACTOR entered into a Maintenance Services Agreement ("Agreement") effective July 1, 2018 through which CONTRACTOR has been providing maintenance services as more fully explained in the Scope of Services attached to the Agreement. (ii). The Agreement has been revised three times previously, the most recent revision being Amendment No. 3, which became effective June 15, 2021.
(iii). The Parties now seek to amend the Agreement to increase the cumulative contract not to exceed amount by $107,800 to provide for additional services. (iv). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendments to Agreement.
1. Section 2, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1. Compensation. Consultant shall be paid in accordance with the revised fee schedule and Scope of Work set forth in Exhibit "A". Consultant's cumulative compensation shall not exceed One Million Eighty -Six Thousand and One Hundred Dollars ($1,086,100.00)
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 4 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 4 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 4 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 4 to the Maintenance Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Patrick Mahoney, President Damien R. Arrula, City Administrator ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
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
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
INSURED
West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
COVERAGES
CONTACT
NAME:
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
(866) 283-7122
(A XX No ): (800) 363-0105
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: Starr Indemnity & Liability Company 38318
INSURER B: Starr Specialty Insurance Company 16109
INSURER C:
INSURER D:
INSURER E:
INSURER F:
CERTIFICATE NUMBER: 570094094004 REVISION NUMBER:
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 INSH
LTR
A
A
TYPE OF INSURANCE
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO -LOC
JECT
OTHER:
AUTOMOBILE LIABILITY
X - ANY AUTO
OWNED
— AUTOS ONLY
HIRED AUTOS
- ONLY
UMBRELLA LIAB
EXCESS LIAB
DED RETENTION
B WURKE S C MPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
OCCUR
CLAIMS -MADE
Y/N
N
AUUL SUBH
INSD WVD POLICY NUMBER
1000100141121
N/A
(��MP��O(/LICGqYyyEEyFy-Fy- /POLICY EXP
U/loi/10J 07/01/1013
1000198198221 07/01/2022 07/01/2023
1000004228 07/01/2022 07/01/2023
Workers Comp CA
SIR applies per policy terns & conditions
LIMITS
EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED $1,000,000
PREMISES (Ea occurrence)
MED EXP (Any one person) $5,000
PERSONAL & ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OP AGG $4,000,000
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY ( Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
X PER STATUTE I IORTH-
E.L. EACH ACCIDENT
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
$2,000,000
Holder Identifier : ABHDO$
Certificate No : 570094094004
$1,000,000
$1,000,000
$1,000,000 --
El
eit
Q$
r.-
lo
4J
Ei
di
III
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is 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 Placentia, its elected and appointed boards, officers, officials, agents, employees, and volunteers in accordance with the policy provisions of the Workers Compensation policy.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
Attn: City Administrator
401 E. Chapman
Placentia CA 92870 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
t eJGad�(c�nd�ct�ncc c/Gtru�Cd �l�Cd ��aa
©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
AGENCY NAMED INSURED
Aon Risk Insurance Services west, Inc. west Coast Arborists, Inc.
POLICY NUMBER
See Certificate Number: 570094094004
CARRIER NAIL CODE
See Certificate Number: 570094094004
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES
INSR
LTR
A
TYPE OF INSURANCE
WORKERS COMPENSATION
Page _ of _
If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.
ADDL SUBR
INSD WVD
POLICY NUMBER
N/A 1000004229
Workers Comp AZ
SIR applies per policy terms & conditions
POLICY POLICY
EFFECTIVE EXPIRATION
DATE DATE
(MM/DD/YYYY) (MM/DD/YYYY)
07/01/2022 07/01/2023
LIMITS
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/01/2022 CG 20 12 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION - PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
The City of Placentia, its elected and appointed boards, officers officials, agents, employees and volunteers Attn: City Administrator
401 E Chapman
Placentia, CA 92870
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 any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. 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.
CG 20 12 12 19
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
B. 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.
© Insurance Services Office, Inc., 2018 Page 1 of 1
POLICY NUMBER: 1000100141221
Effective: 07/01/2022
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s):
Where Required By Written Contract
Location(s) Of Covered Operations
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", "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.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012
POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/01/2022 CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Location And Description Of Completed Organization(s): 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 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 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.
CG 20 37 04 13 © Insurance Services Office, Inc., 2012
POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
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: 07/01/2022
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 I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13
© Insurance Services Office, Inc., 2011 Page 1 of 1
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
6 --
Nehemiah E. Ginsbur , eounsel
g neral
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.
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 2.0% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
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.
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 Endorsement No.:
Insured: West Coast Arborists, Inc. Premium:
Insurance Company: Starr Specialty & Liability Company Countersigned by', WC 04 03 06
(Ed. 04-84)