FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND WEST COAST ARBORISTS, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR PROJECT SERVICES (“First Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation (“City”) and West Coast Arborists, Inc., a California corporation (“Contractor” or “Consultant”).
WHEREAS, on July 2, 2019, the parties entered into the Agreement for Project Services between the City and Contractor (the "Agreement"); and WHEREAS, the Agreement is set to expire on July 3, 2023; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement and provide additional compensation.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCHEDULE FOR COMPLETION. Exhibit “B” of the Agreement is hereby amended to add Exhibit “B-1”, which extends the Agreement to June 30, 2027.
Exhibit “B-1” is attached hereto and incorporated by reference. Contractor shall commence and complete all services described in Exhibit “A” of the Agreement in accordance with the schedule set forth in Exhibit “B-1”.
2. COMPENSATION. Exhibit “C” of the Agreement is hereby amended to add Exhibit “C-1” to increase the rates and increase the total compensation limit paid to Contractor by $2,190,719 for a total compensation limit of $4,022,820.
Exhibit “C-1” is attached hereto and incorporated by reference. Contractor shall be compensated for the services described in Exhibit “A” of the Agreement.
3. INSURANCE. Exhibit “D” of the Agreement is hereby amended to add Exhibit “D-1” to incorporate the current form of the City’s insurance requirements.
Exhibit “D-1” is attached hereto and incorporated by reference. Contractor shall comply with the requirements set forth in Exhibit “D-1”.
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
2 IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 6th day of June, 2023.
CITY OF REDONDO BEACH, WEST COAST ARBORISTS, INC.,
a chartered municipal corporation a California corporation __________________________ By: _______________________
William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED: __________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM: __________________________ Michael W. Webb, City Attorney 3 EXHIBIT “B-1”
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall be extended to June 30, 2027, unless otherwise terminated as herein provided.
4 EXHIBIT “C-1"
COMPENSATION
Provided Contractor is not in default under this Agreement, Contractor shall be compensated as provided below.
I. AMOUNT. Contractor shall be paid in accordance with the following rate schedules.
A. Grid or Annual Street Tree Trimming: Systematic pruning of trees in predesignated districts on a block by block basis on an annual basis as agreed to by City and Contractor.
DESCRIPTION UNIT AMOUNT
All trees (other than palms) Cost per tree $66.00
Palm trees (with 2 feet of skinning or
shaping) Cost per tree $78.00
Additional palm tree skinning or Shaping Cost per foot $10.00 B. Biennial Trimming in Key Corridors: Systematic pruning of trees in designated key corridors every two years as agreed to by City and Contractor.
DESCRIPTION UNIT AMOUNT
All trees (other than palms) Cost per tree $99.00
Palm trees (with 2 feet of skinning or
shaping) Cost per tree $78.00
Additional palm tree skinning or shaping Cost per foot $10.00 C. Full Trim Based on Service or Special Requests: In the event, City requests this service prior to their regularly scheduled grid or annual trim to rectify a specific problem, the service will be billed at the following rates.
SIZE OF TREE COST PER
TREE
0” - 6” dsh $50.00
7” – 12” dsh $98.00
13” – 18” dsh $140.00
19” – 24” dsh $235.00
25” – 30” dsh $330.00
Greater than 30” dsh $330.00
5 D. Palm Tree Skinning or Shaping. In the event City requests palm tree skinning or shaping, the service will be billed at the following rates.
AMOUNT TO BE
SKINNED/SHAPED
COST PER
FOOT
0-50 feet $10.00
50-100 feet $10.00
100-250 feet $10.00
250-500 feet $10.00
Over 500 feet $10.00
E. Tree Removals. In the event City requests tree removal, the service will be billed at the following rates.
DESCRIPTION UNIT AMOUNT
Complete tree and stump
removal per dsh inch $40.00
Tree removal only per dsh inch $29.00
Stump removal only per diameter inch $12.00
F. Tree Planting. In the event City requests tree planting, the service will be billed at the following rates.
DESCRIPTION UNIT AMOUNT
15 gallon tree with root barrier per tree $170.00
15 gallon tree without root barrier per tree $150.00
24 inch box tree with root barrier per tree $370.00
24 inch box tree without root barrier per tree $350.00
36 inch box tree without root barrier per tree $800.00
G. Crew Rental (if needed for Special Service Requests): In the event the City requests crew rental, the standard maintenance crew of four (4) persons, one (1) chipper truck, one (1) aerial tower truck and chipper and all necessary saws and hand tools shall be at an hourly rate of $320.00 H. Emergency Call Out/Mandatory Response: Emergency service shall be 24 hours per day, 365 days a year. Contractor shall be onsite working to resolve emergencies within ninety (90) minutes of receiving a call from City staff identifying an emergency. Contractor must deploy sufficient staff and equipment to quickly resolve the emergency. The hourly rate shall be $95.00.
6 I. Specialty Equipment. In the event the City requests specialist equipment, the equipment will be billed at the following rates.
DESCRIPTION UNIT AMOUNT
95 ft. aerial tower per hour $95.00
Crane per hour $95.00
GPS Tree Inventory per tree site $2.00
GPS Inventory of Infrastructure per site $2.00
J. Arborist Services. Consulting services by a certified arborist shall be paid at an hourly rate of $140.00.
II. NOT TO EXCEED AMOUNT. In no event shall the total amount paid to Contractor exceed $4,022,820 during the term of the Agreement and any amendments thereto.
Year Annual Not to Exceed
Amount
One $497,280
Two $469,830
Three $545,817
Four $319,174
Five $594,781
Six $563,331
Seven $652,139
Eight $380,468
Total Not to Exceed Amount $4,022,820
Annual Not to Exceed Amounts are based on projected levels of activities and include 10% contingency in the event City requests additional work as described in Section I of this Exhibit “C”.
III. METHOD OF PAYMENT. Contractor shall provide monthly invoices to City for approval and payment for those services performed in the month prior to invoice submission. Invoices must include the following information.
A. Task number or Section number of Exhibits “A” to “A-1”.
B. All personnel who performed work.
C. Description of the work performed.
D. Unit cost.
E. Amount for work (e.g. unit cost x number of feet or trees).
F. Number of hours worked.
G. Hourly rate if applicable.
H. All City approved and documented subcontractor invoices.
I. If applicable, expenses incurred.
7 Invoice must be itemized, adequately detailed, based on accurate records, in a form reasonably satisfactory to City, and attach the prior written authorization of the City and copies of receipts to substantiate expense requests. Contractor may be required to provide back-up material upon request. If no work is performed in a given month, no invoice is required.
IV. SCHEDULE FOR PAYMENT. City agrees to pay Contractor within thirty days of City’s receipt of Contractor’s monthly invoice; provided that services are completed to the City’s reasonable satisfaction and there is no dispute over the amount.
V. NOTICE. Written notices to City and Contractor shall be given by email, registered or certified mail, postage prepaid and addressed to or personally served on the following parties
Contractor: West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
Attention: Victor Gonzalez
Email: [email protected]
City: City of Redondo Beach
Public Works Department, Engineering Division
531 N Gertruda Ave,
Redondo Beach, CA 90277
Attention: Rob Osborne
Email: [email protected]
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail, and the second business day if sent by email.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
8 EXHIBIT “D-1”
INSURANCE REQUIREMENTS FOR CONTRACTORS
Without limiting Contractor’s indemnification obligations under this Agreement, Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers’ Compensation insurance as required by the State of California.
Employer’s Liability Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project.
Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
9 The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of work performed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers shall be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.
Acceptability of Insurers
Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the 10 City’s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements shall be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.