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RPVCCA_CC_SR_2014_06_17_09_West_Coast_ArboristsCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS MICHAEL THRONE, DIRECTOR OF PUBLIC WORKS {jj) JUNE 17, 2014 STREET TREE MAINTENANCE PRACTICES AND CONTRACT AMENDMENT (SUPPORTS 2014 CITY COUNCIL GOAL #2, PUBLIC INFRASTRUCTURE) CAROLYNN PETRU, ACTING CITY MANAGER© Project Managers: Christopher Ortiz, Maintenance Superintende ~ ()(' Nicole Jules, Deputy Director of Public Works V RECOMMENDATIONS 1) Receive and file a presentation on street tree maintenance practices and provide direction to staff if necessary. 2) Approve the third amendment to the agreement with West Coast Arborists, Inc . for one fiscal year effective July 1, 2014, to June 30, 2015, tree maintenance services . 3) Authorize the Mayor and City Clerk to execute the third amendment to the agreement with West Coast Arborists Inc., for tree trimming maintenance. BACKGROUND On November 19, 2013, Councilwoman Brooks presented a recommendation for the City Council to consider agendizing proposed changes to the View Preservation and Restoration Ordinance and tree maintenance practices, as recommended by two proposals submitted by residents. The proposal regarding City trees was prepared by Ann Marinovich. At that time, the Council directed staff to revisit the View Preservation and Restoration Ordinance and current practices of street tree trimming. The Community Development Department expects to present a report on potential amendments to the View Ordinance later this year, depending on the outcome of a working group consisting of Councilwoman Brooks, resident Clara Dura Reed and members of the PVP Board of Realtors. This report presents for the Council's information highlights of the City's current street tree maintenance practices as it stands today and a recommendation to extend the tree maintenance services agreement with West Coast Arborist for one year. Based on the 9-1 Street Tree Maintenance Practices June 17, 2014 Page 2 of 4 outcome of this evening's discussion, staff can return with an updated scope of services and other changes to the City's tree maintenance practices later in the Fall. DISCUSSION Tree trimming activities, whether in the public right of way or as a result of view restoration/preservation cases and/or applications, is directed and managed by both the Public Works Department and the Community Development Department. Each Department has a role in the process that impacts the health, safety and appearance of City Trees. Public Works Street Tree Maintenance The Public Works Department is responsible for maintaining City Right-of-Way trees by way of grid-trimming on a three year cycle. The City is divided into 3 zones and each zone is trimmed once every three years by professional tree trimmers under the direction of a certified arborist and whose work is overseen by the City's Maintenance Superintendent. Per the current contract, grid trimming includes only raising the tree canopy and removing way-ward limbs for public safety and tree health considerations. It does not include trimming to improve views, such as lacing, which is a method of pruning that admits light and air through the tree's canopy or crown. The contract also does not include root pruning that is often the source of damaged public infrastructure including sidewalks, curbs, gutter and streets. Grid trimming is conducted in accordance with professional guidelines and specifications that are designed to maintain the health and aesthetics of public trees. In addition to grid trimming, tree trimming efforts are also employed to reduce hazards to public health and safety when tree limbs impede pedestrians, equestrians and/or vehicles. Tree removal is not preferred but is necessary when a public tree is dead, diseased, dying, damaging public infrastructure or private improvements, or has been ordered to be removed in accordance with the City View Restoration guidelines. The Public Works Department maintains an electronic database of all street trees that tracks and inventories the history of street tree maintenance. This database ensures consistency based on street tree species, age and size. It also tracks the trimming and/or replacement activities associated with each tree and it documents all service requests submitted for all trees. Community Development View Restoration/Preservation/City Tree Review Permit Similarly, the Community Development Department is responsible for View Restoration Permits, View Preservation Permits (which deal with privately-owned trees) and the City Tree Review Permit process, which removes or trims City trees that significantly impair views in accordance with the City's Municipal Code Section 17 .76 .100 . Pursuant to the Code, the Community Development Director shall approve or conditionally approve a City Tree Review Permit request if it is determined that the City tree(s) significantly impairs a resident's view from a protected viewing area. Accordingly, Staff conducts a view analysis from the applicant's viewing area and recommends that the Director approve the permit W:\Pam\Staff Reports\2014\6-17-14\Street Tree maintenance\RPVCCA_061714_street tree maintenance practices.docx 9-2 Street Tree Maintenance Practices June 17, 2014 Page 3 of 4 request if the City tree(s) significantly impairs the applicant's view. In some cases, owners of properties have the option to adopt a City Tree and maintain the tree with their own resources so that it does not significantly impair the neighbor's view and preserve the City Tree that would otherwise be removed. In cases where trees are not adopted, the City's tree maintenance contractor would trim or remove the tree. Although performed by the same tree maintenance contractor, there are some inconsistencies with right-of-way tree maintenance practices, whether view related or not, that creates confusion and frustration for some residents. As a result, tree maintenance practices managed by both Departments should be coordinated such that the health, longevity and appearance of the tree is consistently maintained. Tree Maintenance Contract Extension West Coast Arborist (WCA) is the City's contractor that is responsible for tree maintenance and removal and has been maintaining the City's trees for over 14 years. WCA provides services for the Public Works Department to maintain all City trees in the public street rights -of-way and on City property including City parks. They also provide services to the Community Development Department pursuant to the City Tree Review Permit process, as well as in the rare cases of abatements on private property related to non-compliance with View Restoration or View Preservation Permits. WCA's contract for tree maintenance services expires on June 30, 2014 and staff recommends approving a one-year contract extension while a new scope of services is prepared that will address many of the concerns identified in the November 19, 2013 study session item as well as items of overlap between the two Departments. Staff anticipates presenting the updated scope of work for Council's consideration this fall. NEXT STEPS To create a tree maintenance program that is embraced by the community, a stakeholders meeting with interested residents to discuss current and desired tree maintenance practices is planned for later this summer. During the scope of work development process, staff intends to incorporate community input and coordinate with the Community Development Department on the City Tree Review Permit process to establish uniform and consistent practices. Finally, staff will report back to the City Council on the results of the aforementioned activities for approval of the tree maintenance scope of services prior to advertising for bids for a new contract. FISCAL IMPACT The recommendation to receive and file the presentation on current street tree practices will not result in a fiscal impact to the City's budget. The recommendation to approve a one- year contract extension to WCA is included in the Street Maintenance-Non Pavement Budget Program of the proposed FY 2014-15 draft budget scheduled for adoption this evening. W:\Pam\Staff Reports\2014\6-17-14\Street Tree maintenance\RPVCCA_061714_street tree maintenance practices.docx 9-3 Street Tree Maintenance Practices June 17, 2014 Page 4 of 4 Attachments: • Excerpts from the November 19, 2013 Study Session Staff Report -View Restoration Compliance at the time of Sale and Other Considerations. (Tree Maintenance proposal prepared by Ann Marinovich) • July 7, 2009 Contract with West Coast Arborist for Tree Maintenance Services • July 1, 2012 First Amendment to Contract with West Coast Arborist • July 1, 2013 Second Amendment to Contract with West Coast Arborist • July 1, 2014 Third Amendment to Contract with West Coast Arborist W :\Pam\Staff Reports\2014\6-17-14\Street Tree maintenance\RPVCCA_061714_street tree maintenance practices .docx 9-4 TREE MAINTENANCE PROPOSAL FOR THE CITY OF RANCHO PALOS VERDES NOVEMBER, 2013 Proposals 1 . Allow homeowners to adopt City trees at their own expense after obtaining approval from the City. If the tree dies, the homeowner would be required to replace the tree at his/her own expense. The adoption process should be simple, taking a month or less to process the request. The adopter should be required to maintain the tree at 16-feet or less if in a viewing area. 2. Trim and shape the City trees to preserve views, minimize sidewalk, storm drain inlet damage and beautify the neighborhoods. Take a proactive approach to maintaining the trees before they become too large and unsightly. The tree trimming contractor needs to maintain trees that have not been adopted. Trees in viewing areas should be maintained at 16-feet or less. 3. Revise the City's Tree Planting Strategy to ensure that trees are not planted in an area that would impair views. Include potentially impacted homeowners in the decision-making process when replacing trees that have been removed or where trees may be planted where they previously did not exist. Implement a tree removal/ replacement program for overgrown trees, especially in viewing areas. 4. Revise the View Restoration/Preservation policy to allow for application and tree trimming/removal if growth of trees into the viewing area is imminent. This change would ensure that concerned homeowners continue to enjoy their views without disruption. Properties would also maintain their values. 5. Revise the ordinance to require trees in viewing areas to be maintained at 16 feet or less. 6. Revise the View Restoration Guidelines and Procedures to reflect the intent of the ordinance. 7. Issue a comprehensive tree and foliage maintenance RFP in order to implement #4 and 5 above. 8. Consolidate all services related to tree and foliage trimming and removal under one Department in order to streamline the process, enhance communication. Page 1of4 9-5 Proposals 1, 2, 3 and 8 should result in cost savings to the City in the long term. All four of the proposals should be implemented to optimize savings. Proposals 4 through 7 will ensure that the ordinance is followed and homeowners will enjoy their views without disruption. This is a winning proposition for the homeowner and local government, as both will benefit from higher property values if the home is sold. Discussion Two Departments currently manage tree trimming and removal in the City. According to Municipal Code Section 12.08, Trees and Shrubs, Public Works is responsible for tree trimming, maintenance and removal of trees. Section 12.08.030(A), Maintenance of Trees, states that Public Works maintains the trees in accordance with established policies. Section 12.08.030(8), states "trees planted along City streets shall be pruned to give .a clearance of not less than 8 feet over sidewalks and not less than16 feet over streets as the size of the trees permit." This provision is contrary to the View Restoration/Preservation provisions, which states that trees should be trimmed to 16 feet or roofline, whichever is less. Public Works staff indicated that this provision is in place to accommodate UPS trucks. Public Works is also responsible for tree planting and infrastructure repairs. Tree planting and maintenance strategies need to be changed. When planting trees in areas where trees did not previously exist, Public Works asks the homeowners if they want trees planted in the parking strip in front of their homes, but does not consider the fact that the trees may eventually impact the views of neighbors across the street. Residents may ask Public Works to remove trees that have damaged or will likely damage sidewalks, etc. However, the damage is usually already done before Public Works takes action. The only way that a sidewalk damage can be averted Is if Public Works takes a proactive approach to tree maintenance. Public Works makes every effort to save trees instead of removing and replacing them. They cut roots if the arborist says the tree will survive; however, that does not stop, it only delays, invasive roots from damaging sidewalks, curbs and storm drain inlets; it only delays it. The roots continue to grow out of control because the tops of the trees are never trimmed. Public Works grinds and patches sidewalks and roads instead of maintaining the trees and foliage. The former Public Works Director said that he could not do anything about it because of City policy. Community Development manages Municipal Code Sections 17. 76.100, City Tree Review Permits (CRTP), and17.02.040, View Preservation and Restoration. The purpose of the Ordinance is to protect, enhance and perpetuate the views of property owners and visitors because of the unique topographical nature of the Peninsula. When seeking relief from City tree view impairment, residents are required to submit an application and a non-refundable fee of $688 to Community Development for staff review and recommendation to the Planning Commission. The non-refundable application fee for a view restoration permit for privately owned trees is $5, 106.00. Page 2 of 4 9-6 Tree Trimming Proposal 9-7 Tree Trimming -Via Rivera -November 11, 2013 9-8 'I 0 CITY OF RANCHO PALOS VERDES CONTRACT FOR: Tree Trimmlnl/Mabatenance Project FY 09-10, 10-11, 11-12 This Agreement is made and entered this :J'h' day of .:TlJ l.. 'i . 200.S., by and between the crI'Y OF RANCHO PALOS VERDES, h~inafter referred to as "City" and West Coast Arboriats, Inc., hcrcina&r referred to as "Contractor." WHEREAS, Comiactor and Contractor's Surety arc providing the bonds attached bcrcto and incorporated by this rcfercnec; WHEREAS, City desires to contract with Contractor to perform the services detailed in this contmct, including the Propoaal; and WHEREAS, Contractor bas represented that it is fully qualified to 88SUDle and discharge such responsibility. NOW, THHRBFORB, the parties hcmo do agree as follows: 1. Scope of Scryjccs. City hereby employs Contractor to perform Uie work and provide tho services and materials for the project identified as: Tree TrimminrJMaintmRDce Proioct FY 09-10.10- 11.11-12. as descn"bed in these Plans and Spocifications, attachod hereto as Bxhibit "A" and inoorporatccl herein by this rcfamcc, inoluding miscellaneous appurtenant work. Such WOtk shall be performed in a good and wor1cmanlikc manner, under the tczm& as stated hcnin and in these Plans and Specifications, and in aooonianoe with the latest edition of the Joint Cooperatiw Committee, Southern California Chaplen of 1hc Amerioan Public Wades Association and the Associatod General Contractors of America, document entitled "Standard Specifications." In the event of any conflict between the tams of this agroommt 8nd any of the above-referenced documents, the terms of this agreement shall bo controlling. : """" 2. Tc;m of contract. This Agrcoment shall C01D1DCDDC on 1 .J'll\...'f 2..croq and aball terminate OD))JU tfE; 2 I l 2 • Immediately following. the City and Contractor may extend the Agr=lnen.t for 1brce (3) one-yau" extensions based on their mnua1 written agreement. 3. '.IiJ:ml. Upon receipt of written Notice to Proceed from the City, Contractor &ball perform with due diligence the services requested by the City and agreed 'on by Contractor. Time is of the essence in this Agreement . 4. Con:menation. In considenltion of the services rendered herC1mdcr, Contractor shall be paid aocording to the prices as submitted cm the Bid Sheet of the Proposal. , attached hereto as a part of these Plans and Spocifications in Exhibit "A" and in accordance with the Special Provisions. S. Indc,pendent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power lo incur any debt. C-1 RB876-0001f11..a462v3 9-9 ·~ 0 c obligation, or liability on behalf of the City or otherwise aot on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servant$ or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required 1Bxes on amounts paid to Contractor under true Agreement, and to indemnify and hold the City bannlcas from any and all taxca, assessments, penalties, and intm"cst asserted against the City by reason of the independent con1ractor relationship areated by dliB Agreement. Contraotor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indenlnify and hold the City harmlces fiom any failure of Concnctor to comply with applicable work.m' compensation laws. The City aba1l have the risht to offset against the &mo\Ult of any fees due to Contractor under this Agreement any amount due to 1hc City from Contractor as a result of its fiu1urc to promptly pay to the City any reimbursement or indmmifioation arising under this .Artiole. 6. Assigmnmt. Neither this Agreement nor any part thereof shall be assiped by Contractor without the prior written oonsent of the City. Any such purported assignment 'Without 'Written consent shall be null and void, and Con1ractor shall bold barmlose, defend and indemnify the City and its officers, officials, employees, agents and rqJrC&entativcs with respect to any claim, demand or acfjon arising from any unauthormd uaignment. 7. 1'mnin•tion. This Agreement may be cancelod by City at any time without penalty upon 1hirty (30) days' written notice or by Contractor upon 120 days' written notice. In 1he event of termination without fault of Con1ractor, City sball pay Con1ractor for all services rendered prior to date of termination, and such payment aball be in full satiamction of all servicce rcndc:red hereunder. 8. Worlc.ers' Compensation lnsuryce. California Labor Code Sections 1860 and 3700 provide that every cootractor will be requimd to ~ the payment of compensation to its mnptoyees. In acoardance with the provisions of Califomia Labor Code Section 1861, the Contractor hereby certifies as follows: · ~1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be imurcd apinst liability for workers' oompensation or to under tab eelf-insunnce in aeooniance wi1h the provisions of that oode, and I will comply wi1h such provisions before commencing the performance of the work of this contract" 9. PreynJHpg Waaes. Contractor aclmowledps the provisions of the SUlte Labor Code requiring every employer to be insured against liability for worbrs' compensation, or to lmdcrtakc solf- insuranoe in acoordance with the provisi0l1S of that code and certifies compliance with such provisions. Contractor ~ acknowledges the provisions of the State Labor Code requiring ewry employer to pay at J.ea8t the minimum prevailing mte of per diem wages for each craft, classification, or type of workman needed to execute this oon1racl 10. Contmptor's Ljcense. Contractor shall at all times during the tmn of this Agreement cany, maintain, and keep in full force and effect a Class C.-27, D-49, or C-61 Contractor's license and must also haw a certified arboriet on staff. 11. Jncm:pomtion by Refcmice· All of the following documents arc attaohed hereto and inoorporatcd herein by this reference: City of Rancho Palos V crdes Jnstnuitions for Execution of lns1nnnmits; Insurance Requirements for City of Rancho Palos Verdes Public Works Contract; Payment Bond (Labor and Materials); Performance Bond; Workers' Compensation Certificate of Insurance; Agreement to Comply with California Labor Law Requimnents; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contn"bution; Additional Insured C-2 R887&-0001/114&4e2v3 9-10 ·I c Endorsement (Comprehensive General Uability); Additional Insured Endorsement (Automobile Uability); and Additional Insured Endorsement (Excess Liability). l2. Conflicts of Interest. Con1ractor agrees not to accept any employment or representation during the term of this A&reemcnt or within twelve (12) months after completion of the work under this Agreement which is or may likely make Con1ractor "financially interested11 (as provided in California Govcmmcnt Code Sections 1090 and 87100) in any decisions made by City on any matter in cDDncotion with which Contractor has been retained pWBU8Dt to this Agreement. 13 . Suit; Recovery of Attorney Fees & Costs. Should either party to this Agreement bring legal action against the otbcr9 the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State ofCallfomia. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. Furthermore, if any legal action or other proceeding, including action for declatatory relief, is brought for the enforcement of this .Agreement or because of an alleged dispute, breach, defiwlt or misrepresentation in connection with this Agreement, the prevailing party sbal1 be entitled to recover reasonable attomoys' fees, experts 9 fees, and other costs, in addition to any other relief to whigh the party may be entitled. 14. Illl.a.. The titles used in this Agreement are for general reference only and are ~ot part of the Agreement. 15. Entire Agreement This Agrcemcnt, including any other dooummts ' incorporated herein by specific rcference, rcpresmts the e:otirc and integrated agreement between City and Contractor and supersedes all prior negotiations, rep:escntations or agreements, either written or mat. This Asreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 16. Construction. In the event of any asserted ambiguity in, or dispute regarding the :iatc:tpietation of any matter herein, the intaprc1ation of this .Agreement shall not be resolved by any rules of interpretation providing for intmpnltlltion against the party who causes the uncertainty to exist or against 1he party who drafted the Agreement or who drafted that portion of the Aarcement. 17. NonMWaiyer of Tmm. Righ1B and Rcmpdics. Waiver by ci1hcr party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of perfonnance under t1iia Agrocmcnt. In no event aball the making by the City of any payment to Con1ractor constitute or be construed as a waiver by the City of any breach of oovcmant, or any default which may then exist on the part of Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or dc:&ult. 18. Seyerability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the rcmainllig proviBions of this Agreement shall continue in full force 81\d effect. 19. ~. Except as otherwise required by law. any notice, request, direction, demand, consent, waiver, approval or other comnumication required or permitted to be given hereunder shall not be effective unlese it is given in writing and shall be delivered (a) in person or {b) by certified mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: To City: Jim Bell, Director of Public Works R687S.0001/1148462v3 9-11 ... . " 0 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verde.a, CA 90275 To Contraotor: Responsible Person: PA.TRICK MABQNEY west Coast .Arborists, Inc . ~200 'E. VIA BUR'l'ON,.'"ST. ' · ~ 'I ANAJiEDl, CA 92806 . c A party may change its address by giving writtm notice to the o1ber party. Thereafter, any notice or o1her comnnmiCation shall be addressed and .transmitted to the new address. If sent by mail, anynotioc, tender, demand, deli'Yl:ly or other communication shall be deemed cffeotivc three (3) busincss days after it has been dcpoaitcd in the United States mail. For purposes of . comnnmioating these time bmcs, weckmds and fcdaa1, state, religious, County of Los Angeles . or City holidays sball be excluded. No communication via :facsimile or electronic mail &ball be effective to give any such notice or other communication 'bc:rcunder. IN WITNESS WHEREO:e, the parties hereto have cxocutcd the within Agreement the day and year first above written. Dated: ...., 1,~Loi I I West The City of Rancho Palos· VCldcs, A Municipal Cotporation ("City") BY:~~ YOR ATimT: ~ ~ CITYCLBRK C-4 R6876-0001f1148462v3 9-12 First Amendment to Agreement between The City of Rancho Palos Verdes and West Coast Arborist, Inc. This agreement is the first amendment to the Tree Trimming/Maintenance Project between the City of Rancho Palos Verdes ("CITY") and West Coast Arborist, Inc. ("CONTRACTOR"), dated July 7, 2009 ("Original Agreement"). This first amendment is effective as of July 1, 2012 and is being made to extend the term of the Agreement for one year. Section 1. Section 2 of the Agreement is hereby amended to read as follows: "This Agreement shall commence on July 1, 2012 and shall expire on June 30, 2013, un~ess sooner terminated pursuant to Section 7 of this Agreement. Additionally, there are two (2) one-year options to renew the Agreement for FY 2013-2014 and 2014- 2015 with the mutual written consent of both parties." Section 2. Except as expressly amended by this amendment to the Original Agreement, Section 15 and all other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. · ATIEST: ~ By: r!.tu&;t ~~JJ.dL City Clerk CITY OF RANCHO PALOS VERDES ("CITY") By:~~ Mayr WEST COAST ARBORIST, INC. ("CONTRACT V Signature: _..,./-=----"-----+---- Printed Name: fA--UZ.\U:-. .....:..:._----:.:.;~-=----'-'"-+"-"'~~- Tit I e: p~,~ 9-13 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 rcity") 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\1541119v1 .doc 9-14 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 car:icel, 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 Contributionh 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\1541119v1 .doc 9-15 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year written below. Dated: April __ , 2013 ATTEST: By: c<'-t&--Gi~ ~ Ci lerk R6876-0001\1541119v1 .doc WEST COA~BORI , INC. ("Contractor" By: ___________ _ Printed Name: Patrick Mahoney Title: President CITY OF RANCHO PALOS VERDES ("Cltyn) By: c£~ AP:dJ Mayor I 9-16 Third Amendment to Agreement between The City of Rancho Palos Verdes and West Coast Arborists, Inc. This agreement is the third amendment to the Tree Trimming/Maintenance Agreement between the City of Rancho Palos Verdes ("CITY") and West Coast Arborists, 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. The Second Amendment, which was effective July 1, 2013, extended the Agreement by an additional year and added additional provisions regarding compensation, notice, insurance requirements and indemnification. This Third Amendment is effective as of July 1, 2014 and is being made to extend the term of the Agreement for one additional year. Section 1. Section 2 of the Agreement is hereby amended to read as follows : "This Agreement shall commence on July 1, 2009 and shall expire on June 30, 2015, unless sooner terminated pursuant to Section 7 of this Agreement. Section 2. Except as expressly amended by this Third Amendment, all of the provisions of the Agreement, as previously amended by the First and Second Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the date and year first above written. ATTEST : City Clerk 1719485v1 CITY OF RANCHO PALOS VERDES ("CITY") Mayor WEST COAST ARBORISTS, INC. ("CONTRACTOR") Signature : __________ _ 9-17 Printed Name : ---------- Tit I e : ------------- Signature : __________ _ Printed Name: --------~ Title : ------------- 1719485v1 9-18