West Coast Arborists Inc (Amendment No. 2) • •
Exhibit "3"
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:;:•r Second Amendment to Agreement between
the City of Rancho Palos Verdes
and West Coast Arborist, Inc.
This agreement is the second amendment ("Second Amendment") to the tree
trimming/maintenance agreement between the City of Rancho Palos Verdes ("City") and
West Coast Arborist, Inc. ("Contractor"), dated July 7, 2009 ("Agreement"). The first
amendment,which was effective July 1,2012,extended the term of the Agreement for one
year and added additional provisions regarding the ownership of documents and work
product. This Second Amendment is effective as of July 1, 2013, and is being made to
extend the term of the Agreement for one year more year.
Section 1. Section 2 of the Agreement is hereby amended to read as follows:
"Term of Contract. This Agreement shall commence on July 7, 2009 and shall
terminate on June 30, 2014, unless sooner terminated pursuant to Section 7 of this
Agreement. Additionally,there is one(1)one-year option to renew the Agreement for fiscal
year 2014-2015 with the mutual written consent of both parties."
Section 2. Section 4 of the Agreement is hereby amended to read as follows:
"Compensation. In consideration of the services rendered hereunder,City shall pay
Contractor a not to exceed amount of two hundred and ten thousand dollars($210,000.00)
each fiscal year in accordance with the prices,as set forth in the Bid Sheet of the Proposal,
which is attached hereto as Exhibit"A"and incorporated herein by this reference."
Section 3. Section 19 of the Agreement is hereby amended to read as follows:
"Notice. Except as otherwise required by law, any payment, notice or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on(a)the day of delivery if delivered by hand or overnight courier service
during City's regular business hours or(b)on the third business day following deposit in the
United States mail, postage prepaid, to the addresses listed below, or at such other
address as one party may notify the other:
To CITY:
Les M. Jones II, Interim Public Works Director
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
R6876-0001\1541119v 1.doc
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To CONTRACTOR:
Patrick Mahoney
West Coast Arborists, Inc.
2200 E. Via Burton St.
Anaheim, CA 92806"
Section 4. Section 2 of the attachment titled"Insurance Requirements for the City
of Rancho Palos Verdes Public Works Contract" is hereby amended to read as follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified (except through addition of additional insured to the policy) by the
insurance carrier without the insurance carrier giving the City thirty(30) days prior written
notice thereof. Additionally, Contractor shall provide immediate notice to the City if it
receives a cancellation or policy revision notice from the insurer. Contractor agrees that it
will not cancel, reduce or otherwise modify said insurance coverage."
Section 5. Section 4 of the attachment titled"Insurance Requirements for the City
of Rancho Palos Verdes Public Works Contract" is hereby amended to read as follows:
"The Contractor shall submit to the City(1)copies of the entire insurance policy for
all required insurance, (2) insurance certificates indicating compliance with the minimum
workers' compensation insurance requirements above, and (3) insurance policy
endorsements above, not less than one (1) day prior to commencement of performance
under this Agreement. Endorsements must be executed on the City's appropriate standard
forms titled "Additional Insured Endorsement," copies of which are attached hereto and
incorporated herein by this reference."
Section 6. The Attachment entitled "Indemnification and Hold Harmless
Agreement and Waiver of Subrogation and Contribution" is hereby amended to read as
stated in Exhibit B, which is attached hereto and incorporated herein by this reference.
Section 7. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement, including Amendment No. 1, shall remain in
full force and effect as written in the Agreement.
[Signatures on next page.]
R6876-0001\1541119v 1.doc
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IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of
the date and year written below.
Dated:April , 2013 WEST CORS BORISTC.
("Contractor")T /\ /'1
BY:
Printed Name: Patrick Mahoney
Title: President
•
BY
rimed Name: Richard Ma = '-y
Title: Assistant Sect*: a
CITY OF RANCHO PALOS VERDES
("City")
By. v
Mayor d'I16t".c‘----SL-----
ATTEST:
By:
4,,.. City eric
R8878-000111541119v1.doc
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EXHIBIT A
BID SCHEDULE
INCLUDES ALL WORK TO BE DONE ON
Tree Trimming/Maintenance Project
FY 09-10,10-11,11-12
IN THE
CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY: West Coast Arborists, Inc.
To the Honorable Mayor and Members of the City '•
In compliance with the Notice inviting Sealed Bids,the undarsigned hereby gees to anter into a contract
to famish all labor, materials, equipment and supplies for the .project .
;n with the and plans
in the Contract Documents which am on file in the office of the Director of Public Warier of the City of
Rancho Palos Verdes to the ' .m and under the direction of the Director of Public Woks at the
foliowl prions:
nut MINA=
EL mown=
1 • Pull Than Taxes in Right&Way
locations witbfwilbout street
access tbtonsbent the City Grid 2000 EA S 43.00 SB6,000.00
Tdbm►(iadualve of al species
and des).
2 Ful Zen Twos within die City
Right of Way wItlilwkbout met
emu throughout JessthrcIbmdthecltY 500 BA $ 53.00 $26,500.00
Service Requestduelve of ell
species 41.10.
and sizes)
3 JTaeMPmb. 500 EA $ 43.00 $21,500.00
4 Full Trim Trees on Private Per200 $ 60.00 $12,000.00
Propetty Torr View Homs .
s . 'free Skirting. 20 FA S 33.00 $ 660.00
6 Complete Tree and Stump
Removal VayLarge 36" 20 BA $300.00 $ 6, 000.00
diameter and up
7 Complete Tree egad Stomp
Removal♦Lime 24"to 36" 20 EA. S300.00 $ 6,000.00
diameter
8 Complete Tree mid Stump
luanoval—Medium: 12"to 24" 20 EA. $300.00 $ 6, 000.00
diameter
9 1 Complete Tree and Stump _ 20 EA. $150.00 $ 3,000.00
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ITIAI � � ESTIMATEDMICE EXED
• IPMEIBM
. ma= laill MOM
Removal Small: 12"diameter
and less
10 Stump Only Removal Very 20 EA ` $ 50.00 $ 1,000.00
Large 36"diameter rad up
/
11 Stump Only Removal large 24" 20 EA S 50.00 $ 1,000.00:4
to 36"
12 Stump Only Removal Medium 50.00 $ 1,000.00
l2"toz4" 20 EA $
13 Stamp Only Remova1 Small 12" 20 1 EA $ 50.00 S 1,000.00
• diameter or lees
14 ' Root1Pruning swum any size 200 L.P. $ 9.00 3 1,800.00
15 Tree Piaadgg 15 gellcm with toot 20 EA $100.00 $ 2,000.00
beerier
.►
16 1 Tree Planting 15 gallon without 20 EA $100.00 $ 2,000.00
root brier:
17 Tree Planting 2A"boot with root 20 EA S200.00 $ 4,000.00
Wrist •
18 [ er24boxw11bout 20 EA $200.00 $ 4,000.06
soot barrier
19 Palm Tree T' mallei 10 1 RA .. $ 53.00 $ 530.00
TOTAL FORUM BID $185.990.09
TOTAL BASERID AMOUNT IN WORDS
One hundred eighty-five thousand nine hundred ninety and no cents
101I:, The estimated quantities listed in the Proposal Bid Sheets are approodmate and are to be
used only as comparison of bids. Payment for quantities will be made from fetid a*.
If the actual quantities show either an increase or decrease from the quantifies given in the
Proposal Bid Sheet,the Contract Unit Prices will prevail. Increases or decreases in quantities
ill not be subject to Section 3-2 of the Standard Specifications. Pull compensation will be paid
at the coact price for the actual work completed,and no additional compo ion will be
allowed therefor. Payment will not be made for materials wasted or disposed of in a miter not
called for under the Contract;this includes rejected material not unloaded from vehicles and
material rejected after it has been placed. No compensation will be allowed for disposing of
rejected or excess material. The Qty reserves the right to reject all bids and to increase or
decrease the amount of any quantity shown on the Proposal Bid Sheets. In case of a variation
between the unit price and the totals shown by the bidder,the unit price will be considered to be
the bid.
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Exhibit B: Indemnification and Hold Harmless Agreement and
Waiver of Subrogation and Contribution
Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend,
indemnify, and hold the City, its elected officials, officers, employees, volunteers, agents,
and those City agents serving as independent contractors in the role of City officials
(collectively "Indemnitees) free and harmless from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages,actions, causes of action, suits, losses,judgments,fines,
penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any
manner arising out of or incidental to the performance of the Agreement, including without
limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and
other related costs and expenses(individually,a"Claim,"or collectively,"Claims"). Further,
Contractor shall appoint competent defense counsel approved by the City Attorney at
Contractor's own cost, expense and risk, to defend any and all such Claims that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against Indemnitees in any such Claim. Contractor
shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether
any insurance policies are applicable.
Civil Code Exception. Nothing in the paragraph above this one shall be construed to
encompass Indemnitees' sole negligence or willful misconduct or the City's active
negligence to the limited extent that the underlying Agreement is subject to CMI Code
section 2782.
Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may
possess against Contractor because the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement.
Waiver of Right of Subrogation. Contractor,on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees,while acting
within the scope of their duties,from all Claims arising out of or incidental to the activities or
operations performed by or on behalf of the Contractor.
Survival.The provisions of this Indemnification and Hold Harmless Agreement and Waiver
of Subrogation and Contribution shall survive the termination of this Agreement and are in
addition to any other rights or remedies that Indemnitees may have under the law.
Payment is not required as a condition precedent to an Indemnitee's right to recover under
this indemnity provision, and an entry of judgment against a Contractor shall be conclusive
in favor of the Indemnitee's right to recover under this indemnity provision.
R6876-0001\154111 9v1.doc
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Exhibit 4
Price Comparison for Tree Pruning Services
TREE PRUNING
CITY PRICE
Rancho Palos Verdes $ 43.85 Proposed
Y�•:s�{1:;.�fl�l r:.y✓'ffr:}�. i. :r :fi�•' f,� .u'?Git"r'�.i:4: l? '�'Y'r {'Ir�i'r2°r r y '%{ rrr�fr .
� .X , �r ��;' 'r{•;/. �� ✓'. r Irl rSi�" •r .%� '• !' , i�'v' �
{.:�Y{ rr�{r rS•" f'-y }" J ,��f' 3 fr r� � r � ✓� v
f:.ia:�t�' �"�r�i{ �i rf7r f'�y��'J�''Yr'ft�C ' r'rl. �:r. rS!' J�( G�r.rr': r•'J'?r2�rr, :!a{{t'r lir
Norwalk $ 44.00
La Palma $ 44.00
Bellflower $ 44.85
Glendale $ 45.00
Lomita $ 46.50
Paramount $ 46.75
Lakewood $ 47.15
Carson Avg. $ 51.66
Rolling Hills Estates $ 54.00
Long Beach $ 55.00
Torrance $ 55.00
Cerritos Avg. $ 60.00
Downey $ 67.20
Whittier $ 90.00
Cypress Avg. $ 94.37
Culver City Avg. $ 98.00
Huntington Beach Avg. $ 144.00
Santa Monica $ 174.00
Beverly Hills Avg. $ 193.00
Prices in effect as of 3/2013
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chic Home Office:
1213 ValleyBrien
CONTINUATION CERTIFICATE
P.O.Box 9271
Seattle WA 98109-e271
e E Fee the CNC Musa
merest pow.eon 14,81f hoer
(888)283-2242
(888)293-2242 FAX
TO: WEST COAST ARBORISTS,INC.
2200 E. VIA BURTON STREET
ANAHEIM, CA 92806
as Principal, and Contractors Bonding and Insurance Company, a Washington corporation, as Surety, hereby
notify:
CITY OF RANCHO PALOS VERDES
as Obligee, that the above named Principal's bond number CE 7 0 7 9 in the amount of $210,000.00
shall be continued in force effective 7-7-13 and shall-remain in full force and effect until the soonest
of
(1) 6-30-2014 ,(2)it is cancelled by the surety,or(3)it is otherwise terminated.
The aggregate liability of the surety shall not exceed the amount of this certificate. The liabilityof
. the surety shall
not cumulate by reason of this certificate, any future continuation certificate, any change rider,
modification, new bond, reinstatement, reissue, renewal,replacement, substitution or anyother extension
suretyship
on of
IF THIS BOND IS REQUIRED TO BE FILED WITH ANY AGENCY,THIS CERTIFICATE
SHALL BE
VOID IF THE PRINCIPAL DOES NOT FILE 'THIS CERTIFICATE WITH THE RE
Qi1IREH AGEIVC1
WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS CERTIFICATE
IN WITNESS OF TRIS CONTRACT, the Principal and the Surety have affixed their hands and seals this 18th
day of JUNE, 2013
Principal: WE 'IA ARBORI STS, INC.
By: _
PAT CK MAH s, EY, PRESIDENT '{ti "••.44-
Surety:Cotors Bo . : and Insurance Company ViCr e.
SEAL
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By: _ �. i'.417.11-0*0*
MI .EL D. STONG% ATTORNEY—IN—FAC '•».., ''
BndLICC.04• A062403
•
40
CALIFORNIA} q ALL-PURPOSE
LL-P U_RP/OSEACKNOWLEDGMENT
_AVI.�.h�.YA �A� �Kl. d.4P�/�1�ADM-1A�TA�AM/aAD -P-v.l -_d.A��Jf.-..A_`Y-A/�J`/�J•/�A?�/�J}/:Al/V?� /�J•/.�./�/.-/._'-„-.
State of California
County of Orange
On 06/21/13 before me, Victor M.Gonzalez,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Patrick Mahoney
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the persong whose name subscribed to the
within instrument and acknowledged to me that
(9-slasitlix*executed the - e in Oa-- • - •. authorized
VICTOR M.GONZALEZ capacity, and that 4,-- a • signatures}on the
• instrument the person r or the entity upon behalf of
"..`" Commission# 1919509 Z
a.G ti Notary Public-California D which the persons acted, executed the instrument.
Z Orange County
Comm.Expires Jan 27,2015 I certifyunder PENALTY OF PERJURY under the laws
My Co p
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my h d nd offici I al.
Signature
Place Notary Seal Above Sign re of ota is
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the ent
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: City of Rancho Palos Verdes-Continuation Certificate of Payment Bond
Document Date: June 18,2013 Number of Pages: 1
Signer(s)Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Patrick Mahoney Signer's Name:
❑ Individual ❑ Individual
❑x Corporate Officer—Title(s): President ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited❑General RIGHT THUMBPRINT El Partner—12 Limited El General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
El Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: 0 Other:
Signer Is Representing: West Coast Signer Is Representing:
Arborists,Inc.
/ J .] i J J r _4ti J r Jr�V�JV� ~��� —V �• � "'iYC±V
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
11111
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERS IDE
On 6/1 3 /3 before me, R. NAPPI "NOTARY PUBLIC"
(Here insert name and title of the officer)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the personktrwhose name(is/are•subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/ authorized
capaci and that by his/hsignature(sron the instrument the personX, or the entity upon behalf of
which the person 'f acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
:. R. NAPPI
WITNESS my hand and official seal. 47 COMM.#197778233
V(r -4. NOTARY PUBLIC-CALIFORNIA
wali.W,
0RIVERSIDE COUNTY: My Comm.Expires June 7,2018Signature of Notary Public (Notary Seal)
•
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Chit Contractors Bonding and Insurance Company POWER OF ATTORNEY
3101 Western Ave.,Suite 300
Seattle,WA 98121 Contractors Bonding and Insurance Company
an Ru company
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed,but may be detached by the
approving officer if desired.
That Contractors Bonding and Insurance Company,a Washington corporation,does hereby make,constitute and appoint:
Jeremy Pendergast,Rosemary Nappi,Michael D. Stong,jointly or severally.
in the City of Riverside , State of California its true and lawful Agent and Attorney in Fact,with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds,undertakings,and recognizances in an amount not to exceed Ten Million and 00/100
Dollars( $10,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution
adopted by the Board of Directors of Contractors Bonding and Insurance Company,and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF,the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice
President with its corporate seal affixed this 28th day of November , 2012 .
``�%.'O�NG AND SNS'i,��
`,,•ego..• o •... --,,, Contractors Bonding and Insurance Company
pl• 0c P lt4�. nta;
_=•• ' - —•— F •n om
f
�� SEAL (,-j"(.--- --
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°• •% 1979 •' � Roy C.Die Vice President
State of Washington -, '. •.•'
S S i�',,, •
"4 SHIN G1G�,,`'�`
County of King „,,,,,,
CERTIFICATE
On this 28th day of November , 2012 , I, the undersigned officer of Contractors Bonding and Insurance
before me, a Notary Public, personally appeared Roy C. Die , who Company,a stock corporation of the State of Washington,do hereby
being by me duly sworn, acknowledged that he signed the above Power of certify that the attached Power of Attorney is in full force and effect
Attorney as the aforesaid officer of the Contractors Bonding and and is irrevocable; and furthermore, that the Resolution of the
Insurance Company and acknowledged said instrument to be the voluntary Company as set forth in the Power of Attorney, is now in force. In
act and deed of said corporation. testimony whereof, I have hereunto set my hand and th s 1 of the
Cont actors Bondin a d Insurance Company this day
of id,+t. ,2-0g
l0 a-,
Ve41-6-._ Contractors Bonding and Insurance Company
Joseph B. uller Notary Public
....A.A......................... ..........., 'S.-I Notary Public ` miPPP" -�..-
State of Washington I Roy C.Die Vice President
JOSEPH B.MULLER I
I MY COMMISSION EXPIRES I
March 29,2018 I0475572032912 A0059511