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Home My WebLink AboutPW Emergency On-Call Tree Services 2018-19; First AmendmentFIRST AMENDMENT TO THE AGREEMENT WITH TREEMASTERS FOR EMERGENCY ON-CALL TREE SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this day of R,)Q( 0L , 2020, by and between the CITY OF SAN RAFAEL (hereinafter "City"), and TREEMASTERS TREE AND GARDEN CARE, a California Corporation. RECITALS WHEREAS, the City entered into an agreement dated January 26, 2019 with Treemasters, a sole proprietorship, ("Treemasters") for the project entitled "Emergency On -Call Tree Services FY 2018-19," in an amount not -to -exceed $75,000 (the "Agreement" or "Contract"); and WHEREAS, TREEMASTERS TREE AND GARDEN CARE (hereinafter, "Contractor") is the legal successor -in -interest to Treemasters, a sole proprietorship, and the assignee of all of Treemasters' rights and obligations under the Agreement; and WHEREAS, the Agreement is set to expire on January 26, 2020; and WHEREAS, Contractor has satisfactorily performed the services called for under the terms of the Agreement and the Parties now wish to provide for Contractor to continue to provide the services described in the Contract for an extended term; AMENDMENT TO AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. Paragraph 3 of the Agreement, entitled "Bonds" is hereby amended by increasing the amount of the required Payment Bond to $100,000. 2. Paragraph 4 of the Agreement, entitled "Time of Completion" is hereby amended to read in its entirety as follows: (a) The work to be performed under this Contract shall be performed in compliance with the Request for Proposals for "Emergency On -Call Tree Services" dated July 26, 2018 on file in the City's Department of Public Works, 111 Morphew Street, San Rafael, CA 94901, and incorporated herein by reference. �, - "1 6N9 (b) The term of this Contract shall commence on the date of this Contract and shall terminate on June 30, 2021. (c) This Contract may be extended twice for a period not to exceed two (2) years each time upon proper authorization by the Parties. 3. Paragraph 5 of the Contract entitled "The Contract Sum" is hereby amended to confirm the individual Bid Prices set forth in Paragraph 5, but to increase the total amount to be paid to Contractor during the term of the Contract, as extended by this First Amendment, from $75,000 to $100,000. 4. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day, month, and year first above written. CITY OF SAN RAFAEL By: JIMCH TZ, City an ger ATTEST: "*-D(. 1�-O(A-11--, LINDSAY LARA, City Clerk APPROVED AS TO FORM: i . • '� ' d wi CONTRACTOR Name T0,A Title: U" p-p—S i [If Contractor is a corporation, add signature of second co fficer] Name: TO (t CO3- S Title: �G{2�'� Cc-� <% ree ��t+�-�,,, e •�J �Ri� O�Z 2, f �� Oct. 28, 1994 f 2 �r ,_ hff Contractors Bonding and Insurance Company CONTINUATION CERTIFICATE P.O. Box 3967 Peoria IL 61612-3967 ..RU ,A,,, Phone: (309)692-1000 Fax: (309)683-1610 Contractors Bonding and Insurance Company hereby continues in force Bond No. RCB0006893 briefly described as Emergency On -Call Tree Services 2018-2019 bound unto the City of San Rafael on behalf of Treemasters Tree and Garden Care. Inc. Location Name & Address: Treemasters Tree and Garden Care, Inc. 3175 Kerner Blvd., Suite A San Rafael, CA 94901 Bill To Name & Address: (If different) in the sum of $ 100.000.00 Dollars, for the term beginning 01/26/2020 and ending 06/30/2021 subject to all the covenants and conditions of the original bond referred to above. This Continuation Certificate is executed upon the express condition that the undersigned company's liability under said bond and under this and all Continuation Certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the amount of said bond as hereinbefore set forth. Dated this 10th day of February , 2020 0,,AGAND �,ysG,, Contractors Bonding and Insurance Company �Fy� • GOPP Oq,9r a = By ?yon•. : Ti;` Richard Bolds Attorney in Fact '��'�., �LLIN015 .�'�• ��m n u n„ua�•• THIS "Continuation Certificate” MUST BE FILED WITH THE ABOVE OBLIGEE. M0000114 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: Joseph Sucatre. Michael Sinatra, Lynne L. Wallace. Karen O'Brien. Teresa Sand, Richard Bolds, Josie Gaitan, Jess Vaughn, jointly or severally in the City of San Rafael , State of California its true and lawful Agent(s) and Attomey(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 15th day of July 2019 ,,,,W11111,,,,,,,,,,,,RLI Insurance Company �y,"",oG AND, oR•Hs`9 �`'�SJ CECp Contractors Bonding and Insurance Company 0 • G O.i P qr • :o 'ce; • O RPOgq /, / O �,_._ fie �jI' )•�• i'V . ai� SEAL.: b= _ SEAL . = By: V ye ,i Barton W. Davis Vice President o State of Illinois I T01 ,,• "� (N'OX 00" SS County of Peoria CERTIFICATE On this 15th day of July, 2019 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: t Prll l Grl� ti+�'"d�`•� Gretchen L. Johnigk Notary Public I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of RLI Insurance Company Contractors Bonding and Insurance Company By. oav_ � - ,d� Jean M 0 tephenson VCorporate Secretary 07795530202/2 A0058817 WON NOTARY 'i PUBLIC 'OFFICIALSEAL" STATE OF ILLINOIS My Comminion Expims 41 1: may 21, 2020 I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of RLI Insurance Company Contractors Bonding and Insurance Company By. oav_ � - ,d� Jean M 0 tephenson VCorporate Secretary 07795530202/2 A0058817 RAF,q�` �o WITH P' CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Thomas Wong Extension: x5360 Contractor Name: Tree Masters Contractor's Contact: Tad Jacobs Contact's Email: tad@treemasters.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor ❑ 1/15/20 b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org ® TW/ 2 City Attorney a. Review, revise, and comment on draft agreement 1/15/2020 M LG and return to Project Manager 1/16/2020 ® LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 1/15/2020 ❑ BG contractor 4 Project Manager Forward three (3) originals of final agreement to ❑ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 1/30/20 TS Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed Z11 � �J ho n e�,, K. - agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 2 � 1-3/20n 9 City Manager/ Mayor Agreement executed by City Council authorized official c CU 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ZI I'{ i.OZD