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West Coast Arborists - 2011 Agreement - Amendment No. 1FIRST AMENDMENT TO WEST COAST ARBORISTS. INC.. TREE SERVICES CONTRACT WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and West Coast Arborist Inc. entered into that certain agreement entitled Tree Services Contract, effective on March 24, 2014, hereinafter referred to as "Original Agreement" P.O. #140027 -2; and WHEREAS, City and West Coast Arborists Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Compensation of the Original Agreement shall be amended to read as follows: Change amount from $151,000.00 to $202,400.00 2. Exhibit "A ", Article II. , A. For purposes of this Agreement, John Greer shall be the designated City contact person(s). 3. This Amendment shall be effective on March 24, 2014. The agreement will continue in effect through October 2, 2015 unless terminated in accordance with the provisions of Article 7 of this Agreement. 4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CIT Y West Coast Arb By: By: [si e] [signature] Thomas J. Haglund Patrick Mahoney [employee name] [name] City Administrator President [title /department] [title] Date: 7/22/14 2 ez Date: 4845 - 8215 -55400 MDOLINGEM04706083 Approved as to Form City Attorney � W/o� 4845 - 8215- 5540v1 _2_ MDOLINGER104706083 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Ensured Persons) Or Or anization s Location(s) Of Covered Operations Any owner, lessee, or contractor for whom you have agreed In writing prior to a loss to provide liability . insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment 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 CG 2010 07 04 0 ISO Properties, Inc., 2004 _ Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a _principal as a part of the same project. This endorsement is executed by the LIBERTY MUTUAL79RE INSURANCE COMPANY Premium S Effective Date Expiration Date For attachment to Policy No. TB2- 681 - 039499 -012 Audit Basis Issued To Countersigned by Authorized Representative Issued Sales Offioe and No. End. Serial No. Page 2 of 2 0 ISO Properties, Inc., 2004 CG 2010 07 04 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: City of Gilroy, its officers, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an insured any state or governmental agen- cy or subdivision or political subdivision shown in the Schedule, subject to the•following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or author- ization. 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" This endorsement is executed by the LIBERTY MUTUAL FIRE I\SURANCU.. C(ARIAKY premium P.ffcetivcDate 09/17/2012 Expiration Date 07/01/2013 For atrachrttcnt to policy No. '1•B2- 661- 039499 -012 Audit Basis issued 1•o West Coast Arborists, Inc. and as per Named Insured I •:ndorsemcnt Issued Dk 9/18/2012 Countersigned br SaIcsd Office and \o. Les Angeles, CA — 0003 Authorized. Reprcxnnnvc A. End. Serial \o. CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW, POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT /LIMITS NOT LISTED BELOW. This is to Certify that I WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON NAME AND ANAHEIM CA 92806 ADDRESS II OFINSURED L� Liberty Mutual. INSURANCE is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions 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. • If the certificate expiration date is continuous or extended term, you will be notified if coverage 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 EXPIRATION 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: FCity of Gilroy 7351 Rosanna Street �a Gilroy CA 95020 ro V+ I Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 J Los Angeles CA 90017 213- 624 -1171 6/14/2013 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 CERT NO.: 16657616 CLIENT CODE: LM_2819 Nicholas Misoni 6/14/2013 1:28:19 PM Page 1 of 1 LDI COI 268896 02 11 EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ❑ POLICY TERM WORKERS COMPENSATION STATUTORY 7/1/2014 WA7- 66D- 039499 -073 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: CAW EMPLOYERS LIABILITY Bodily In ury by Accident 1 00 OOO Each Accident Bodily Injury By Disease $1,000,000 Bodily Injury By Disease $1.000,000 COMMERCIAL GENERAL LIABILITY 7/1/2014 TB2- 661- 039499 -013 General Aggregate $2,000,000 m OCCURRENCE Products / Completed Operations Aggregate ❑ CLAIMS MADE $2,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $1000,000 Per Person/ Organization RETRO DATE Other FIRE DAMAGES $100,000 the, MEDICAL PAYMENTS $5,000 AUTOMOBILE LIABILITY 7/1/2014 AS7- 661 - 039499 -033 Each Accident — Single Limit $1,000,000 B.I. And P.D. Combined Each Person OWNED Each Accident or Occurrence NON -OWNED HIRED Each Accident or Occurrence OTHER 7/1/2013 7/1/2014 TH7- 661 - 039499 -043 $5,000,000 PER OCCURRENCE /AGGREGATE Umbrella Excess Liability ADDITIONAL COMMENTS Per form CG2012 0509 the City of Gilroy, its officers and employees are included as Additional Insured(s) for the General Liability, but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Waiver of Subrogation in included in favor of the City of Gilroy, its officers and employees. • If the certificate expiration date is continuous or extended term, you will be notified if coverage 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 EXPIRATION 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: FCity of Gilroy 7351 Rosanna Street �a Gilroy CA 95020 ro V+ I Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 J Los Angeles CA 90017 213- 624 -1171 6/14/2013 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 CERT NO.: 16657616 CLIENT CODE: LM_2819 Nicholas Misoni 6/14/2013 1:28:19 PM Page 1 of 1 LDI COI 268896 02 11