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West Coast Arborists - 2011 Agreement - Amendment No. 2SECOND 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 Oct 12, 2015, hereinafter referred to as "Original Agreement" P.O. #160166; 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 PAR'T'IES AGREE AS FOLLOWS: I . Compensation of the Original Agreement shall be amended to read as follows: Change amount from $151,000.00 to 5202,400.00 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 October 12, 2015. The agreement will continue in effect through June 30, 2016 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 rernain 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 dates set foith besides their signatures below. CIT OF C I OY West Coast A By: By: 1 2n S NG� \uvc� _ (anployeena e] City Administrator [6t1ddepa11nwnt] Date: Date: A2O A oh 4845-8215.5WO N'DC MERVM6Q83 4- to be executed as of the V (siFnalwe] Pa rick Mahon [name] President 10/12/15 Approved as to Form - lk� y Attorney 4845.82154%Nl MOOLIJGERM7t16083 -2- 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 ANA Liberty Mutual. ANAHEIM CA 92806 ADDRESS OFINSURED L 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 Gilroy CA 95020 'C 9 u� L Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213 - 624 -1171 6/1612015 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 25113432 1 LM_2919 1 7/15 -7/16 - GL /2/1, AL /2, WC /1, U/5 I Nicholas Misoni 1 6/16/2015 12:06:22 PM (CDT) I 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 Limits 7/1/2016 WA7- 66D- 039499 -075 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: All States Except: ND, OH, WA, WY EMPLOYERS LIABILITY Bodily Injury by Accident 1 OOO OOO Each Accident Bodily Injury By Disease $1,000,000 Bodily Injury By Disease $1,000,000 COMMERCIAL GENERAL LIABILITY 7/1/2016 TB2- 661- 039499 -015 General Aggregate $2,000,000 m OCCURRENCE Products / Completed Operations Aggregate $2,000,000 ❑ CLAIMS MADE Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Pcr Person /Organization RETRO DATE Other 10ther Damage to remises rented to Medical Expense $5,000 you 0 AUTOMOBILE LIABILITY 7/1/2016 AS7- 661 - 039499 -035 Each Accident — Single Limit $2,000,000 B.I. And P.D. Combined IJ OWNED Each Person Each Accident or Occurrence NON -OWNED �m Ll HIRED Each Accident or Occurrence OTHER 7/1/2015 - 7/1/2016 TH7- 661 - 039499 -045 $5,000,000 Per Occurrence /Aggregate Umbrella Excess Liability ADDITIONAL COMMENTS Per form CG 2010 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 Gilroy CA 95020 'C 9 u� L Liberty Mutual Insurance Group Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 Los Angeles CA 90017 213 - 624 -1171 6/1612015 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 25113432 1 LM_2919 1 7/15 -7/16 - GL /2/1, AL /2, WC /1, U/5 I Nicholas Misoni 1 6/16/2015 12:06:22 PM (CDT) I Page 1 of 1 LDI COI 268896 02 11 POLICY NUMBER: T82- 661 - 039499 -015 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 11 — 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 "bodly injury". "property damage" or "personal and advertising injury" caused, in whole or In part, by: 1. Your acts or om issions; 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 Name Of Additional Insured Persons) Or Organization(s): I. AU work, including materials, parts or equipment famished 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: SCHEDULE Any owner, lessee, or contractor for whom you have agreed in writing prior to a toss to provide Wily insurance 9 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. Locations) Of Covered Operations Any location rusted in such agreement Information required to complete this Scheele, if not shown above, will be shown in the Declarations. CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CAUFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We wig 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 desb ibed in the Schedule. The additional premium for this endorsement shall be 2% of the Cardbrnis workers' cornpensstion premium otherwise due on such remuneration. Schedule Additional premium Is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium -charge of $ 250. Person or Ornanization Job Description Where required by contract or writtert agreement prior to lass and allowed by law Issued by Liberty Insurance Corporation 21814 For attachment to Policy No. WA7 -66D- 099499-075 Effective Date Premium $ Issued to West Coast Arborisis, Inc. WC 04 03 06 Page I of I Ed: 04/1884 POLICY NUMBER TB2- 661 -039499 -015 n Elk This endorsement moddies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETEDOPERATIONS LIABILITY COVERAGE PART 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 below 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 below. SCHEDULE Name Of Person Or Organization: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 Any person or organization wdh whom you have agreed in writing to waive arty right of recovery prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1