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HomeMy WebLinkAboutC-4286 ..,411 AMENDMENT NO. 2 TO THE ANNUAL TREE TRIMMING MAINTENANCE '" SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA N� AND WEST COAST ARBORISTS, INC. 11111.4"- th This Amendment No. 2 ("Amendment No. 2") is hereby entered into this day of , 2021 by and between the City of Arcadia, a municipal corporation of the State of California, and West Coast Arborists, a California Corporation, with respect to that certain Contract between the parties dated November 21, 2019 ("Agreement") and further amended by Amendment No. 1 dated February 3, 2021. The Parties agree as follows: 1. Article 2, Section 2.1 the Contract Term is extended to include the period from November 21, 2021 to and including November 21, 2022. 2. All terms and provisions of the Contract not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA WEST COAST ARBORISTS, INC. By: By: Dominic Lazzare City Manager Title: president Dated: X) ._74 2,-S ?A7-1 Dated: 10/18/21 By: ATTE Title. •retar Oerttki Dated: 10/18/2 City Clerk APPROVED AS TO FORM CONCUR: er---N-%—e"---- Stephe P. Deitsch Paul Cranmer City Attorney Public Works Services Director Execute in Triplicate Bond No. RCB0024242 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to West Coast Arborists, Inc., (hereinafter referred to as the "Contractor") an agreement for ANNUAL TREE TRIMMING MAINTENANCE SERVICES(hereinafter referred to as the"Project"). WHEREAS,the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated November 21,2019,further amended by Amendment No 1 dated Februar'X_3, 2021, and further amended by Amendment No. 2 dated ;Ve rkf 2`-i1 Ll; ) (hereinafter referred to as"Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. West Coast Arborists, NOW, THEREFORE, we, Inc. the undersigned Contractor and _Contractors Bonding and Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of THREE HUNDRED FORTY-NINE THOUSAND,TWO HUNDRED SEVENTY-THREE DOLLARS AND FIFTY CENTS($349,273.50), said sum being not less than one hundred percent(100%)of the total amount of the Contract,for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that,if the Contractor, his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified,and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City,its officers and agents,as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1)year after the acceptance of the work by City, during which time if Contractor shall fail to make full,complete,and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,including,but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents,the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the PERFORMANCE BOND- 1 Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Project,less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety,for value received, hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract Documents or to the Project,including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3rd• day of November 2021. West Coast Arborists, Inc. CONTRACT.- PRINCIPAL Patrick Mend y Presid- Name ir By: SURETY:Contractors Bonding and Insurance Company By' Attorney-In-Fact Rosa E. Rivas PERFORMANCE BOND-2 The rate of premium on this bond is $8.00/$7.00 per thousand. The total amount of premium charges, $ 2,545.00/one year (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 (Name and Address of Agent or Aon Risk Insurance Services West, Inc. Representative for service of 707 Wilshire Blvd., Suite 2600 process in California, if different from above) Los Angeles, CA 90017 (Telephone number of Surety and Surety: 949-341-9110 Agent: 213-713-0286 Agent or Representative for service of process in California NOTE:A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ;cu c-;c c ca c e c,� , rx — r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On 11/12/21 before me, Amelia Menzel, 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 th erso ) whose name )6/ subscribed to the within instrument and ackno edged to me that(hhl:k :Ltl executed the sam in _i_s_Aefittfeirauthorized capacity(i2s)1 and that h' eir signatur(S)on the instrument the person(s'j, or the entity upon behalf of which the person(s)-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. WITNESS my hand and(off6ial seal. AMELIA MENZEL 7 Notary Public-California : Orange County Commission#2284387 Signature �Il My Comm.Expires Apr 5. 2023 Sig ture of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: Corporate Officer — Title(s): President ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual El Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee 0 Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: WCA, Inc. Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On NOV 0 3 2021 before me Ethan Spector, Notary Public, personally appeared Rosa E. Rivas who proved to me on the basis of satisfactory evidence to be the person(s)whose name$ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheif authorized capacity), and that by his/her/their signature$ on the instrument the persons, or the entity upon behalf of which the person$ 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. i WITNESS my hand and official seal. ` �go SPECOP '' Public-Cabforma i Notary eles county Y = 1-05 ''l i, 3 Commission,*2 t 11,2023 fires Oct 11, _ — l' i----"""'""--- ------------"-- ply Comm.Exp — r Signature Signature of Notary Public • POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 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 RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Tracy Aston,Ashraf Elmasry,Simone Gerhard,KD Wapato,Edward C.Spector,B.Aleman,Lisa Crail,Marina Tapia,April Martinez, Rosa E.Rivas,Donna Garcia,Samantha Fa 7ini,Harrison Yoshioka,KeAna Wapato,Erin Brownjointly or severally in the City of Los Angeles ,State of California its true and lawful Agent(s)and Attorney(s)in Fact,with full power and authority hereby conferred,to sign,execute,acknowledge and deliver for and on its behalf as Surety,in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is 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 Company 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 Company. 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." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 20th day of September , 2021 . RLI Insurance Company ``�,tyG AND iyS-;, .yJRprtCE CO i,, Contractors Bonding and Insurance Company ='• —•— •el, 2 ct-: —.— 1.4 r:. _ . iel.?3-2 SEAL : ° - • SEAL • ' By: Barton W.Davis Vice President State of Illinois i`u"as• .... t5. County,of Peoria- /_S� CERTIFICATE On this 20tti day of September , 2021 , before me,a Notary I, the undersigned officer of RLI Insurance Company and/or Public,personally appeared Barton W. Davis ,who being by me duly Contractors Bonding and Insurance Company, do hereby certify sworn, acknowledged that he signed the above Power of Attorney as the that the attached Power of Attorney is in full force and effect and is aforesaid officer of the RLI Insurance Company and/or Contractors irrevocable;and furthermore, that the Resolution of the Company as Bonding and Insurance Company and acknowledged said instrument to be set forth in the Power of Attorney, is now in force. In testimony the voluntary act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Com and/or Cgntractors Boding an Insurance Company this day of 1V() 4 , c.o./A. • By: Oratdvu-kkt .NV 1-- RLI Insurance Company Catherine D.Glover Notary Public Contractors Bonding and Insurance Company CATHERINE D.GLOVER ,,,r OFFICIAL SEAL wa¢ Notary Public-rats of Illinois-qv., March 24 2024 c. By: 1 sfy Jeffreygixiiciii.dCorporate Secretary 0433477020212 A0058D19 Executed in Triplicate Bond No. RCB0024242 Premium included in Perf. Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the"City"), by action taken or a resolution passed October 15. 2019 has awarded to West Coast Arborists, Inc. hereinafter designated as the"Principal," a contract for the work described as follows: ANNUAL TREE TRIMMING MAINTENANCE SERVICES (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated November 21,2019,further amended by Amendment No. 1 dated February 3, 2021, and further amended by Amendment No. 2 dated N,-)Qrr ' Z9, 20Z1 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials; provisions, provender,equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Contractors Bonding and NOW THEREFORE,we,the Principal and insurance Company as Surety are held and firmly bound unto the City in the penal sum of THREE HUNDRED FORTY-NINE THOUSAND,TWO HUNDRED SEVENTY-THREE DOLLARS AND FIFTY CENTS($349,273.50) lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,heirs,executors, administrators,successors or assigns,shall fail to pay any of the persons named in Section 9100 of the Civil Code,fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done,or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described,or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described,nor by any rescission or attempted PAYMENT BOND- 1 rescission of the contract,agreement or bond,nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition,alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two(2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named,on the 3rd• day of November 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body (Corporate Seal of Principal, if corporation) West Coast Arborists, Inc. Principal (Property Name of Contractor) By: Signature of Contractor) r' atrick- ahoney, President (Seal of Surety) Contractors Bonding and Insurance Company Surety By: -ram Rosa E. Rivas, Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 l '`..("�C`Q '� `C`MrYN.CY`FA._. � M !`MM�Y���M.CV.C`C`- GA-N _ - - - _ _ _ _ - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On 11/8/21 before me, Amelia Menzel, 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 persorj s'J whose name(),f�/a e scribed to the within instrument and acknowledged to me th ey-executed the s e in his ' authorized capacity(ies) nd that b is ' ignat a the instrument the person($, or the entity upon behalf of which the perso ac ed, 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. �..o,,ti AMELIA MENZEL WITNESS my had and offi al seal Notary Public-California = re_.8 Orange County > Com x 2284387 Signature IMymm=esApr52O2.3 g Signatu of tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: ®Corporate Officer — Title(s): President E Corporate Officer — Title(s): E Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact E Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: WCA, Inc. Signer Is Representing: :;`c.L�<cyzxxx...,z{e ; .x.xx`c,ccx;zu> c,` xxxx X,cc,c (z zxxx,--e ,,c4xx c 4-‹._x `c:- u c -wc.. .` ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On NOV 0 3 2021 before me Ethan Spector, Notary Public, personally appeared Rosa E. Rivas who proved to me on the basis of satisfactory evidence to be the persons}whose name(s)is/ace subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their authorized capacitykies , and that by his/her/their signatures}on the instrument the persons), or the entity upon behalf of which the persons} 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. WITNESS my hand and official seal. _.� ETHAN SPEC7.OR ' \s Notary Public-California z Les Angeles County � C fission'- 30c t7 My C mrr.Expires Oct 11 2023 Signature �-- �- Signature of Notary Public POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 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 RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Tracy Aston,Ashraf Ehnasry,Simone Gerhard,KD Wapato,Edward C.Spector,B.Aleman,Lisa Crail,Marina Tapia,April Martinez, Rosa E.Rivas,Donna Garcia,Samantha Fazzini,Harrison Yoshioka,KeAna Wapato.Erin Brown.jointly or severally in the City of Los Angeles ,State of California its true and lawful Agent(s)and Attorney(s)in Fact,with full power and authority hereby conferred,to sign,execute,acknowledge and deliver for and on its behalf as Surety,in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is 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 Company 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 Company. 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." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 20th day of September 2021_ RLI Insurance Company m° �o AN0,ys%, ' ,'',i4CE eo Contractors Bonding and Insurance Company ��••60�POR4TF•: �. 2 •OOiWOR VS Al. I =st• SEAL ;l= = • SEAL • I By: . r ` • - Barton W.Davis Vice President o _ State of Illinois kLrrro s !< N p�`' - SS County of-Peoria: CERTIFICATE On this 20th day of September , 2021 , before me,a Notary I, the undersigned officer of RLI Insurance Company and/or Public,personally appeared Barton W. Davis ,who being by me duly Contractors Bonding and Insurance Company, do hereby certify sworn, acknowledged that he signed the above Power of Attorney as the that the attached Power of Attorney is in full force and effect and is aforesaid officer of the RLI Insurance Company and/or Contractors irrevocable; and furthermore, that the Resolution of the Company as Bonding and Insurance Company and acknowledged said instrument to be set forth in the Power of Attorney, is now in force. In testimony the voluntary act and deed of said corporation. whereot, I have hereunto set my hand and the seal of the RLI Insurance Company and/or C ntraccors Bonding and Insurance Company this rot day of na-6'/ , 24:-1 . By: l ki . $` RLI Insurance Company Catherine D.Glover Notary Public Contractors Bonding and Insurance Company CATHERINE D.GLOVER OFFICIAL SEAL r03,4‹. KWIC Notary Public-State of Iamb I By: • My�TMr +Expires ' Jeffrey icc1 V Corporate Secretary • Mere 24 2024 0433477020212 A0058D19 ..., , 4 , 11C L64( . ril\ AMENDMENT NO. 1 TO THE ANNUAL TREE TRIMMING MAINTENANCE \1013-S14-, 141 SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND WEST COAST ARBORISTS, INC. (.:T,&) ARCADIA This Amendment No. 1 ("Amendment No. 1") is hereby entered into this 3—'" day of c' .C4S- , 202' by and between the City of Arcadia, a municipal corporation of the State of Califo nia, and West Coast Arborists, Inc., a California Corporation, with respect to that certain Contract between the parties dated November 21, 2019 ("Contract"). The Parties agree as follows: 1. Article 2, Section.2.1 of the Contract is amended by adding the following at the end thereof: "Notwithstanding any provision in this Contract to the contrary, the Term of this Contract is extended to include the period from November 21, 2020 to and including November 21, 2021 ("Extended Term")." 2. Article 3 of the Contract is amended to provide that the total compensation due and payable to the Contractor for the Extended Term shall not exceed Three Hundred Forty- Nine Thousand, Two Hundred Seventy-Three Dollars and Fifty Cents ($349,273.50). The Contractor shall perform work during the Extended Period in accordance with the pricing schedule set forth in Exhibit "A" attached hereto and incorporated herein by reference. 3. The Contract is amended to delete current Article 10, Indemnification, and to substitute therefor new Article 10, Indemnification, attached hereto as Exhibit "B" and incorporated herein by reference. 4. Article 44, Section A. of the General Conditions of the Contract is amended by deleting therefrom "$1,000,000" and by substituting therefor "$10,000,000". 5. All terms and provisions of the Contract not amended by this Amendment No. 1 are hereby reaffirmed and shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 1 • In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA WEST COAS ' 'BORIS , I► C. By: d By: Dominic Lazzarett• Patrick Mahoney City Manager Title: President Dated: , 2� 202( Dated: 12/1/20 By: / ATTEST: ! Title. Secretar. chard Mahoney 13e.c4i Dated: 2 City Clerk APPROVED AS TO FORM CONCUR: Stephen P. Deitsch T m Tait City Attorney Public Works Services Director 2 ,`ACNOF-:, Exhibit "A" CITY OF ARCADIA Schedule of Compensation for Year 2020 - 2021 Tree Maintenance Services performed by WCA, Inc. Item Description Unit Proposed Prices 1 Grid Pruning Each $75.60 2 Block Pruning Each $152.25 3 Service Request Pruning 0-6 DBH Each $52.50 4 Service Request Pruning 7-12 DBH Each $94.50 5 Service Request Pruning 13-18 DBH Each $157.50 6 Service Request Pruning 19-24 DBH Each $199.50 7 Service Request Pruning 25-36 DBH Each $262.50 8 Service Request Pruning 37+ DBH Each $315.00 9 Palm Pruning - Queen Each $52.50 10 Palm Pruning - Mexican Fan Each $73.50 11 Palm Pruning - Date Each $199.50 12 Ficus Tree Pruning Each $367.50 13 Tree&Stump Removal 0-24 DBH Each $598.50 14 Tree &Stump Removal 25+ DBH Each $1,018.50 15 Stump Only Removal Each $199.50 16 Plant 15 Gallon Tree Each $168.00 17 Plant 24" Box Tree Each $336.00 18 Plant 36" Box Tree Each $913.50 19 Tree Watering Day $672.00 20 Root Pruning Foot $8.10 21 GPS Tree Inventory Each $4.20 22 Tree Inventory Updates Man Hour $84.00 23 Specialty Equipment Rental Hour $157.50 24 Crew Rental - per man Man Hour $84.00 25 Emergency Response (3 men @ $291/hr) Man Hour $101.85 26 Canopy Spraying - ground Inch $2.10 27 Canopy Spraying - aerial Inch $4.20 28 Trunk Banding - insecticide/fungicide Inch $5.25 29 Trunk Banding - PGR Inch $2.10 30 Soil Application - insecticide/PGR Inch $4.20 31 Soil Application - insecticide/fungicide Inch $2.10 32 Soil Injection -fertilization Inch $3.15 33 Soil Drench -fertilization Inch $2.10 34 Trunk Injection - insecticide/miticide Inch $4.70 Printed on:9/2/2020 9:23:28 AM Page 1 of 2 CITY OF ARCADIA Schedule of Compensation for Year 2020 - 2021 Tree Maintenance Services performed by WCA, Inc. Item Description Unit Proposed Prices 35 Trunk Injection -fungicide Inch $3.65 36 Trunk Injection - insecticide &fungicide Inch $8.40 37 Avermectin Class Insecticide Injection Inch $6.30 Proposed rates for 2020-2021 reflect a 5% increase to help offset the cost of increased insurance liability coverage required by the City of Arcadia. Printed on.9/2/2020 9:2328 AM Page 2 of 2 • (Tree Trimming Maintenance) Exhibit "B" ARTICLE 10. INDEMNIFICATION (a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify and hold harmless the City, its present and former officers, directors, employees, agents, volunteers, mayor, staff, boards, committee and representatives, as broadly interpreted (collectively, the "Indemnified Parties"), of and from all claims, suits, demands, obligations, losses, damages, sums or any other matters, threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the indemnified Parties), arising directly or indirectly out of any liability or claims of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the actions, omissions to act, negligence, intentional conduct or other activities of Consultant and/or Consultant's officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant's officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, including any and all actions, omissions to act, negligence, intentional conduct or other activities. Indemnification shall include any claim that Consultant or Consultant's employees or agents, are or may be considered and treated to be employees of the City or are entitled to any employee benefits from City, including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been actively or passively negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the indemnified Parties. (c) Subcontractors and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every subcontractor, sub consultant or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, (Tree Trimming Maintenance) Consultant shall be fully responsible for each and every subcontractor, sub consultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement. (d) City Lost or Damaged Property—Theft. Consultant further agrees to pay or cause to be paid for the Indemnified Parties' benefit for any and all damage, fines or penalties, or loss or theft to the property of the City arising out of or related in any way to the actions, omissions to act, negligence, intentional conduct or other Consultant activities and/or activities of Consultant's officers, agents, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City's Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Contractor. The indemnity obligations of Contractor shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused solely by the negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties, and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of City and Indemnified Party. (g) Indemnification Independent of Insurance. These indemnification provisions are independent of and shall not in any way be limited by the insurance requirements of this Agreement. City approval of the insurance required by this Agreement does not in any way relieve the Consultant from liability under this section. Executed in Triplicate P.O.RL v Phone: 1612-3967 309-692-1000 Faox 3967 Peoria.IL x 09-83-1610 RIDER TO BE ATTACHED TO AND FORM PART OF BOND/POLICY NO. RCB0024242 It is hereby mutually agreed and understood by the Principal, West Coast Arborists, Inc. and RU Insurance Company and/or Contractors Bonding and Insurance Company that the Contract/Bond Amount increased and Renewal Term From: Three Hundred Thirty Four Seventy Dollars and No/100 $334,070.00 (Identify item(s)to be changed) on this bond/policy has/have been changed to the following: To: Three Hundred Forty Nine Thousand Two Hundred Seventy Three and 50/100 $349,273.50 Renewal Term: November 21, 2020 to November 21, 2021 Nothing contained herein shall vary, alter, waive or extend any of the terms, limits, or conditions of the bond/policy, except as set forth above. This Rider becomes effective on November 21. 2020 , at twelve and one minute o'clock a.m., Standard Time. Signed this 1st day of December , 2020 . RU Insurance Company and/or Contractors Bonding and Insurance Company By 7 . � `, Rosa E. Rivas. Attorney in Fact Page 1 of 1 M0055D04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange DEC 0 1 2020 On before me Vanessa Fong, Notary Public, personally appeared Rosa E. Rivas who proved to me on the basis of satisfactory evidence to be the person{$whose name{)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ie , and that by his/her/their signature(s)on the instrument the person(}, or the entity upon behalf of which the person(s) 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. 1 ^ �� �VANESSA FONG� WITNESS my hand and official seal. COMM. #2213982 zz An: Notary Public -California o z` *r" ''. Los Angeles County Comm.Expires SepL.14,2021 (2Signature e-v -L•- Signatur of otary Public • . POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 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 RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Tracy Aston,Ashraf Elmasry,Simone Gerhard,KD Wapato,Edward C. Spector,B.Aleman,Lisa Crail,Marina Tapia,April Martinez. Rosa E.Rivas,Donna Garcia,Samantha Fa77ini,jointly or severally in the City of Los Angeles , State of California its true and lawful Agent(s) and Attorney(s) in Fact,with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 18th day of March , 2019 ``��,,,,,,,,,,,,,,��� RLI Insurance Company �O�G ANO�SG9 yJQpNCE po , Contractors Bonding and Insurance Company may►-' ''•°��' ' 4/.7;3 SEAL .'3= SEAL.: By: o • •••$. Barton W.Davis Vice President • T klIState of Illinoisss's '",,,,,,;, '''',, ISS County of Peoria CERTIFICATE On this 18th day of March 2019 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or, ontractors Bonding and Insurance Company this (ST day of'j &C.l'evv bcf By: . ovgift. RLI Insurance Company Gretchen L.Johnigk / Notary Public Contractors Bonding and Insurance Company L'f' GRETCHEN L JOHNIGK 3 NC/MR,' OFFICIAL SEAL' By: ,'t, • /411."144)/3 STATE OF M Commission Ex ires `a" ' v May 26.2020P Jean M 'tephenson Corporate Secretary VmymmmmYrmm� 0433477020212 A0058817 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Saturday, January 23, 2021 12:57 PM To: Rachelle Arellano Subject: RE: City Attorney Review 01/19/21 Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Rachelle, I have reviewed and approve as to form Amendment No. 1 to the West Coast Arborists Contract. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch x Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.cornC7i 7� Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents(including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best& Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano<rarellano@arcadiaca.gov> Sent:Tuesday,January 19, 2021 10:19 AM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Cc: City Attorney<CityAttorney@arcadiaca.gov> Subject: City Attorney Review 01/19/21 Hi Steve, Attached for your review is a zip folder containing the following items: 1. Resolution No. 7351 —Weed Abatement 2. Water and Sewer Rates — Resolutions 7348 & 7349 1 (Tree Trimming Maintenance) CONTRACT FOR THE �\ 0 0-560 CITY OF ARCADIA THIS CONTRACT is made this �.�—S day of NnVel4i, 2019, in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and West Coast Arborists, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: ANNUAL TREE TRIMMING MAINTENANCE SERVICES 111 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. 2.1 The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents for one year from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Contract, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project. 2.3 The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing information for the scheduling of the times and sequence of operations required for its Work ("Contractor Schedule")to meet City's overall master project schedule requirements("Master Schedule"). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the Engineer for approval within five (5) calendar days of such notice. 2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City, the Engineer or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City, the Engineer, or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise)or any damages or additional costs or expenses for which the City,the Engineer or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City,the Engineer or the consultants retained by the Contract- 1 (Tree Trimming Maintenance) City for the Project„for and indemnify them against all such costs, expenses,damages ams ges and 2.5 The City, in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Contract or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers'compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor. 2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Contract upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the Engineer or City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project, and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for 11 the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of THREE HUNDRED THIRTY- FOUR THOUSAND, SEVENTY DOLLARS AND NO CENTS ($334,070.00). Payment shall be made as set forth in the General Conditions. ARTICLE 4. PAYMENTS 4.1 The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. 4.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment. 4.3 Unless otherwise required by law, the final payment of five percent(5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. 4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract. 4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents. 4.6 The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms Contract-2 (Tree Trimming Maintenance) prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen. ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover: a. Stop Notice Claims. b. Defective work not remedied. c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the Work can be completed for balance then unpaid. e. Damage to another contractor or third party. f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record ("as-built") drawings up to date. h. Failure to provide updates on the construction schedule. Site clean-up. j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages. Legally permitted penalties. Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents. ARTICLE 6. CHANGES AND EXTRA WORK 6.1 The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit "A," and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 6.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item Contract-3 (Tree Trimming Maintenance) or portion of Work to be done. Whenever any change is made as provided for herein, uch change shall be considered and treated as though originally included in the Contract, shall be subject to all terms, conditions and provisions of the original Contract. 6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days. 6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. 6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. 6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City's estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work,the Contractor presents written proof that the City's estimate was in error. 6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension,vacation, apprenticeship funds,and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools,tools which have a replacement value of$1,000 or less. Regardless of ownership,the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. Contract-4 (Tree Trimming Maintenance) (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: "Net Cost" is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. ii. For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor's Net Cost. iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five(5%) percent of the Net Cost of the lower tier subcontractor. v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein. 6.9 For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor's signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier. 6.11 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs,constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such Contract- 5 (Tree Trimming Maintenance) determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 6.14 No dispute,disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. 6.15 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties. ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of$100.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work,as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The"Contract Documents"include the following: Contractor's Bid Forms (City of Duarte Proposal Pricing) Contractor's Certificate Regarding Workers' Compensation Designation of Subcontractors Non-Collusion Declaration form Iran Contracting Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Technical Specifications Plans and Contract Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal,state and local laws,rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. Contract-6 (Tree Trimming Maintenance) ARTICLE 10. INDEMNIFICATION. 10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ("Indemnitees") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false,fraudulent,or groundless,to tangible property or persons(including wrongful death,accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip/slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials,officers,agents,employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment,award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 10.2 The duty to defend and to hold harmless,as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers,agents, employees and representatives,notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 10.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss,damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement,that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim,then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim,then the Contractor's obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. 10.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. Contract-7 (Tree Trimming Maintenance) 10.5 In furtherance to, but not in limitation of the indemnity Sis Contract, Contractor hereby expressly and specifically agrees that its obligation toindemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers' compensation laws. ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Public Works Services Department or may be obtained online at httD//www.dir cagov/dlsr and which must be posted at the job site. IN WITNESS WHEREOF,this Contract has been duly executed by the above-named parties,on the day and year above written. CITY OF ARCADIA WEST COAST -B'RISTS, I By: ' Dominic Lazzare BY rri/ City Manager Signature Patrick Mahoney, President Print Name and Title Attest: By: 11,11 Al. ,i y 11.1 1 By: erk Signature Richard Ma one Secretary Print Name an:itle 41 Approved as to Form &:4"11111A--"‘? Stephen P. Deitsch City Attorney Contract-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C C.t.t.s t.s..t.C.s.Ct�.. t .C. t.c�.t...�t..�Ct .—t.....t t,f,RC.c,,C,,,.t t6T....t.c,C,� ti C!c�t .:t.at.•.,C!at,,,4C tci„N.s t Ct. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ORANGE ) On 10/29/19 before me, Amelia I. Menzel, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney and Richard Mahoney Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pers.0 _ whose name s red subscribed to the within instrum-nt and acknowledged me that y --lift-xecuted the same in '- - t thorized capacit 00 and that b el ignatur4 on the instrument the persor s or the entity upon behalf of which the perso 40:cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoin. paragraph is true and correct. AMELIA MENZEL WITNESS my and and official .eal. =7';-' '''.. Notary Public-California q Ad r."`"''''' Orange County /s; A = Commission:2284387 , "°• My Comm.Expires Apr 5, 2023 Signature i Signature sof Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Annual Tree Trimming Maintenance Services Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: Richard Mahoney IN Corporate Officer — Title(s): President ®Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: WCA, Inc. Signer Is Representing: WCA, Inc. 6.,..„,,,_.„4„... ,,t,.,...,../„...„4,., a.s'ri4 .'.c.„',,i„. Af!tif„'d,.s,.'•6'a•ert-e.-.s.veis�.s�. .6'rr 4_ '-ri .s.,,4 6St'r ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907