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West Coast Arborists - 2016 Agreement - Amendment No. 3THIRD AMENDMENT TO AGREEMENT WITH WEST COAST ARBORISTS, INC. TO PROVIDE CITY TREE SERVICES WHEREAS, the City of Gilroy, a municipal corporation ("City"), and West Coast Arborists, Inc., entered into that certain agreement entitled Agreement for Services effective on 07/11/2016 hereinafter referred to as "Original Agreement"; 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. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows: "This Agreement will become effective on 07/11/2016 and will continue in effect through 07/11/2021, unless terminated in accordance with the provisions of Article 7 of this Agreement. Any laps in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein." 2. The rates listed on Attachment D of the Original Agreement shall be amended to the rates listed on the "Schedule of Compensation for Year 2019-2021" attached hereto as "Attachment No. 1" of this Amendment. 3. This Amendment shall be effective on July 10, 2019. 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. CONTRAC O West Coasi bokitsrinc. By: [signature] Patrick Mahoney [employee name] President [title/department] CITY: CITY OF GILROY By: - `J L --- .. [signature] Gabriel A. Gonzalez [name] City Administrator Date: 5/21/19 Date: �1/allf [title] 4845-8215-55400 MDOLINGER104706083 Approved as to Form: Jl�"M N%l City Attorney Attest -C-ty lerk v 4845-8215-5540v1 MDOLINGER104706083 -2- Attachment No. 1 CITY OF GILROY Schedule of Compensation for Year 2019 - 2021 Tree Maintenance Services performed by WCA, Inc. 1 Tree Pruning 5-11 DSH Each $82.95 2 Tree Pruning 12-17 DSH Each $147.65 3 Tree Pruning 18-23 DSH Each $201.50 4 Tree Pruning 24+ DSH Each $417.00 5 Plant 15 Gallon Tree Each $210.10 6 Soil Injection Each $82.95 7 Crew Rental - per man Man Hour $86.20 8 Tree Removal Services Man Hour $86.20 9 Stump Grinding Services Man Hour $86.20 10 Emergency Response - per man Man Hour $129.25 The proposed rates reflect an increase of 4.0% based on the CPI for the San Francisco -Oakland - San Jose region for the February -February period. Upon approval, the new rates will become effective July 10, 2019 and continue for a 2-year period through June 30, 2021 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 � C E ANAHEIM CA 92806 OF INSURED I I 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, tern or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑ CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY [:]EXTENDED ❑ POLICY TERM WORKERS 7/1 /2019 WA7-66D-039499-078 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION All States Except: Bodily Ine' by Accident Statutory Limits ND, OH, WA, WY. Each Accident Bodily Injjury By Disease $1,000,000 Po)icviimit Bodily Injury By Disease $1.000.000 Ench Pervnn COMMERCIAL 7/1/2019 T132-661-039499-018 GENERAL LIABILITY m OCCURRENCE ❑ CLAIMS MADE RETRO DATE AUTOMOBILE 7/1/2019 AS7-661-039499-038 LIABILITY OWNED NON -OWNED HIRED OTHER 7/1/2018 - 7/1/2019 TH7-661-039499-048 Umbrella Excess Liability General Aggregate $2,000,000 Products / Completed Operations Aggregate $2,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury $1,QQQ,QQQ Per Person/Organization Other (Other Damage to ppremises rented to Medical Expense $5,000 you $300.000 Each Accident —Single Limit $2,000,000 B.I. And P.D. Combined Each Person Each Accident or Occurrence Each Accident or Occurrence $5,000,000 Per Occurrence/Aggregate ADDITIONAL COMMENTS The City of Gilroy, its officers, officials and employees are included as Additional Insured(s) for General Liability, as there interest may appear where required by written contract per the attached endorsement. * 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 I� Los Angeles / 0603 818 W 7th Street, Suite 850 Los Angeles CA 90017 J OFFICE Liberty Mutual Insurance Group Elaine Ulan AUTHORIZED REPRESENTATIVE 0564408 213-443-0782 6/12/2018 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 42480346 1 LM_2819 1 7/18-7/19 - GL/2/1, AL/2, WC/1, U/5 I Donna Smitala 1 6/12/2018 12:05:13 PM (CDT) I Page 1 of 1 LDI COI 268896 02 11 POLICY NUMBER: TB2-661-039499-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED {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): City of Gilroy, its officers, 7351 Rosanna Street Gilroy CA 95020 Service Agreement: Tree maintenance services performed by West Coast Arborists covers City of Gilroy, it's officers, officials and employees are named as an additional insured, per the endorsement. 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1