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Home My WebLink AboutDMS FACILITY SERVICES, LLCA-2020-001-01 ou iANCE ON FILE VVOAY SEP 1 4 2029 UNTIL MSURANOCE EXPIRES CEED t6,1 as CLERK OF COUNCIL ^ATE w FIRST ANIEI1rYT TO AGREEMENT FOR LANDSCAPE MAINTENANCE \ (S��u10.(,UOvQs) •�' SERVICES FOR CITY OF SANTA ANA PARKS Q-•�V6� (�J THIS FIRST AMENDMENT TO AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY OF SANTA ANA PARKS is made and entered into this 31st day of August, 2020, by and between DMS Facility Services, LLC, a California Limited Liability Company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. City and Contractor entered into an Agreement dated January 21, 2020, Agreement # A-2020-001, to provide landscape maintenance services for City parks ("said Agreement"). B. On March 27, 2020, a special allocation of funds was authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. C. Contractor has been selected by the City to receive CARES Act Funds in order to provide disinfection services for designated City facilities at City parks and the Civic Center. Contractor represents that it is qualified and willing to provide such services to the City, and certifies that the services provided with funds under this Agreement will meet the CARES Act's objectives to respond to this historic COVID-19 public health crisis. D. In accordance with the terms and conditions of said Agreement, the Parties desire to amend Section 1 — Scope of Services, to add disinfection services to said Agreement, Section 2 — Compensation, to increase the maximum amount of Compensation for said Agreement, Section 3 — Term, to set the length of the Term for the new services, and Section 16 — Termination, to allow for termination of the new services with forty-eight (48) hour notice. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, Scope of Work, shall be amended to append Exhibit A in said Agreement to add Exhibit 1, Parks Disinfection Areas and Sequence, attached hereto and incorporated herein by reference ("Disinfection Services"). 2. Section 2, Compensation, shall be amendedtoincrease the maximum amount of compensation by Eight Hundred and Twenty -Four Thousand and Ninety -Six Dollars ($824,096.00) for Disinfection Services, to be billed according to the schedule of fees identified in Exhibit 1, such that the total sum to be expended under said Agreement shall not exceed Fifteen Million, Four Hundred and Ten Page 1 of 4 Thousand and Ninety -Six Dollars ($15,410,096.00) during the term of said Agreement. 3. Section 2, Compensation, shall be further amended to add subsection (c) stating, "Contractor acknowledges that the source of funding for the Disinfection Services is the federal CARES Act fund, and that payments from the CARES Act funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19. The City reserves the right to reduce the amount of CARES Act funds to Contractor for Disinfection Services, in the City s sole discretion, if there is a reduction in CARES Act funds provided to the City " 4. Section 3, Term, shall be amended to set the Term of the Agreement for the Disinfection Services from September 1, 2020, through December 31, 2020, unless terminated earlier in accordance with Section 16 of said Agreement. 5. Section 16, Termination, shall be amended to allow the City to terminate Disinfection Services upon forty-eight (48) hour notice to Contractor. City shall not be required to pay for any services provided after the effective date of such termination notice. 6. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. {Signatures on following page} Page 2 of 4 A-2020-001-01 IN WITNESS WHEREOF, the Parties have executed this First Amendment to Agreement for Landscape Maintenance Services for City of Santa Ana Parks the date and year first above written. ATTEST: �4Dais-ybomez— Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: t Ryan O. RECOMMENDED FOR APPROVAL: ?S�r GU�G Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA Kris ine Ridge 7 City Manager CONTRACTOR 1 J red Go lez General nager DMS Fac tty Services, LLC Page 3 of 4 EXHIBIT 1 PARKS DISINFECTION AREAS AND SEQUENCE Page 4 of 4 8880008,888�88�'8 88 8888888 888,888888888 8888888 $ m tom mF R� � 8� goee e8 mo m�mmB�mSR $emodd ��oy8 g8 o N 2 ° E ............. x» xwwNwww »»»NN»wnwwxw Naomvmn »«w»Nw o P `� `D N x 8 } N p F 2 £ wy L• s s zw z 2N X� 88� 88,$ 8 0 0o B, 08�888 5,88 0 0 0 W :ww o" . 8 Wag 2 a 2 2 s »«»ww www w w ww » w wxx«»» www w w x L) s` Z LU oLL M coco Q N o m i� 008�8� m -C m �8 � �88,8888 Shm' $ 88888808888 MtgM °sLL c> Z "�&o 0 1118ogo 1 f!7 000go;aa0000emo 011 0 o 008001111 ow o0000 _� M-82, m�IMM-mM8 ^888ma $m w www» www«wx»x » «« NNNww»» «wwwwwwxxxx »NNNmNw '111 HUM �PMM o. oLL m88� gg�88� ow .8 m8m.. N mm mmE��N EEEEEEEEEEoEEF oEEEEEEEE2E M EEEEEEEEF a'c44 EEEEEom"'E 'm" wo " E EEEEEWEEEEEEEEE EEEEE'EEEEE'a FE �n 9 gEEEEEEEEEEEEEEEE m�� ,E ma ^B N oomoN�L ry�imw6��1�b8�m oR�agmw�m88^3$aa� �jotl �1 ym c]6m mgQ��1�nNm 4 PcN l�N�E+�9Ev` Wak u�i�9um'meeiEy �a �iq�q a�n�fn m� 9qyy 3mN"' ya g@Ep€a �ms'u. wa =LL �m� a�LL3 NLL �FNW�m''_ £E 4L'i ��"�i wz AA �j��m � zo w33 wS3m oN�N i9 "wd o Fe s ow - ,8� �� F 'ul 3�^m�zm��N�m 39m p Usg a 'em 9 ot z w� .Y£ n4�`Eaz�°neo�m'� b�'¢aE 9 � gE@m$q' gagH --`$j ayo"W�%c8a E yn4 mn'sul'c au E pp na vego U ==a'am _ � 2U 0e2 'nu^mou.a�c`[uEp""o.pp R��m.88UMm NN 9`g2° 3 mimmm !t i" n A-2020-001-01 CERTIFICATE OF LIABILITY INSURANCE OATE(M8/26I2019MONMI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pellcy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NAME: Sherry Allen SilverStone GroupAMEPHONE- -- — -- --'-- —'iFAX —.— 11516 Miracle Hills Drive 1Afq,yp,ESq; 402-984-5644 Suite 100 nuorsess: sellen@ a Loom Omaha NE 68154 — INSURENISI AFFORDING COVERAGE — NgICe - -- - -. __—_ ___ - INSURED --- INSURERA;Libertylnsurance CGmoralioq„ _ 42404 OMS Facility Services LLC INSURERS: Liberty Mutual Fire Insurance Co__ E30 INsuREq c: First Liberty insurance Cam. DMS Facility Services Inc 33588 Sout35 Arroyo Drive h SDulh Pasadena CA 91030 ____ __ INSURERS: AIG Spa Insurance Comcan 26883 INSURER E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES S O INSURANCE uou LISTED BELOW HAVE BEEN REVISION NUMBER: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, UI TERM OR CONDITION OF ANY ISSUED TO CONTRACT THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY ISSUED MAY POLICIE, THE INSURANCE AFFORDED BY OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS O AND CONDITIONS OF SUCH or POLICIES. LIMITS SHOWN MAY HAVE BEEN THE POLICIES REDUCED DESCRIBED HEREIN IB SUBJECT TO ALL THE TERMS, IN9R —.._ - ADDCITRR BY PAID CLAIMS. L R TYPE OFINSURANCE POLICYNUMSER POUCYEFF mmcrYYYY POUCYEXF ,owY LIMITS 8 TB2-691-468727-099 1011/2019 -= Q(.112020 TXC2OM7M�SRCLALG6NElALUAARJTY IMS-MADE I%tl OCCUR EACH OCCURRENCE DAMAGE TO RUTEO $1.000,000 - - - PREMISES Ilia § 100.000 --- MEO UP IAny one p_maml $10,000 PERSONAL RAOV INJURY $1.000,000 --- — ------ GENT AGGREGATLIMIT APPLIES PER: EE POLICY X PECT LOC C OENERALAGDREGATE E2,000p00 PRODUCTS-GOMPlOP AOd —..- $2.000,000 - - J C OTHER. ABILITY AS691-068727-079 10/112019 10/112020 CEOM0NtLE LIMIT E $1.000.000 X ANY AUTO n Iooll eOMLY INJURY (Par person) OWNED SCHEDULED § eODILY INJURY (Per acoeanq AUTOS ONLY AUTOS HIRED Y § _ AUTOS ONAUTOS ONLY $ PRGooDM1AGE- lg!n,PgnnM1 UMBRELLAUAB OCCUR $ -- EXCESS L1AB EACH OCCURRENCE S AGGREGATE CLAIMS -MADE S — ED LIED RETENTION - — - - -- A WDRRERS COMPENSATION AND EMPLOYERS' LIABILITY WA7-890458727-069 10/1/2018 10/1l20T0 X PER O H- $ YIN ANYPROPRIErORIPARTNEPIEXECUTIVE OFSCERIMEMSEnEXCLUDED7 ❑ NIA I STATUTE R --- - -- EL EACH (Mandslary In NH) ACCIDENT - --- 5IAOa,000 ----- _ _ If yyeeaa, dwwbe under EL. OISEASE_EAEMPLOYEE $1,000,000 D OE90RIPTIONOF OPERATIONS bebw Cdblfty ors PapuSon CPOIBO83533 E.L. DISEASE - POLICY LIMIT S1,000.000 LIeMOty 10/1/2019 10H/2020 Each Loss $1,000,DOO Aggregele 51,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES p1COR0 f01, AtltllUonal Remade 9chativle, may be atteMetl II mars apace le ro9ulmtl) Additional Insured an a prinlary and non-contributory basis Win respects to General Uabillly, Including completed operations, as required by Written contract: City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers. Waiver of SUbrogalion Wilh respects to Workers Compensation#41ALItiired by written contract. 30 days' Notice of Cancellation provided with respdds t0•Gerferal Llabllily; Auto and Workers Compensation as required by Written contract. REVIEWED &APPROVED., y Wisk CERTIFICATE HOLDER A It SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana f ANCINE R. VI LARE A THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza, 4th Floor -' AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 �1444411 wnnen ne rnnam • — r.....— —ollu anu ,uUu are registered marKs Of ACURD DIMS Facility Services Policy term 10-1-19 to 10-1-20 !Policy Number: Auto Policy #AS6-691-458727-079 Issued By: The Firac Lllbrty insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This en done ment modifies insurance provided under the follovring BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name ofOther Person(s)/ Organization(s): Email Address or malling address: Number Days Notice: Broker will provide list of organizations and contacts at least _ 30 10 days prior to the advanced notification date — - - - A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address fisted above at least 10 days, or the number of days listed above, g any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured, B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged LIM 99 0105 11 ® 2011. Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office. Inc. with is permission. REVIEWED & APPROVED By RISk MANAGEMENT DIVISION 0 Q 7 19 42 F AN INE R. VILLAREAL DMS Facility Services Policy term 10-1-19 to 10-1-20 GL Policy #TB2-691-458727-089 Policy Number Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL. LIABILITY — UMBRELLA COVERAGE FORM C— --_`-- Schedule Name of Other Person(s)/ oroanizananfsl: Emas Addressormailing.da-,esm� -- Number Days Notice: Broker will provide list of organizations and contacts at least 10 days prior to the advanced notification date Sg A. If we cancel this policy for any reason other than nonpayment o1 premium, we will notify the persons or organizations shown In the Schedule above. We will send notice to Wa amail or mailing address listed above at least 10 days, or the number of days listed above, If any, before the cancellation becomes eff.c(ive. In no event does the notice to the thlyd party exceed the notice to the first named insured- B. This advance notification of a pending cancellation of coverage is intended as a courtesy only Our (allure to provide such advance notification will not extend the policy cancellation dale nor negate canceltalion of the policy. All other terms and conditions of [his policy remain unchanged, LIM g0 0105 11 C 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes capyrighled material of Insurance Services Office, Inc., with its permission. REVIEWED & APPROVED By Risk MANACIEMENT DIVISION T 0&ILLAREAF FRANCINE R. DMS Facility Services Policy term 10-1-19 to 10-1-20 GL Policy #TB2-691-458727-089 Policy Number Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. EXPANDED ADDITIONAL INSVRED — CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN AGREEMENT (CONFORMING TO WRITTEN AGREEMENT) This endorsement modifies insurance provided udder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. of Section II - Who Is An Insured is amended to include as an additional insured any person(s) or arganixation(s) to whom you are obligated by a written agreement to procure additional insured coverage under your policy, but only with respect to liability for 'bodily Injury, "property damage" or "personal and advertising injury' caused, in whole a in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations. This insurance does not apply to -bodily injury', "property damage' or "personal and advertising injury' arising out of 'your work" and included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional Insured by written agreement, in which case coverage will be provided for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additionaf insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. a. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does not apply: 1. To "bodily injury, "property damage' or "personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare a approve maps, shop drawings, opinions, reports, surveys, field orders, change orders of drawings and specifications; or b. Supervisory. inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury or "property damage', or the offense which caused the "personal and advertising injury', involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. LC 20 34 10 13 0 2013 Liberty Mutual Insurance All rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office. Inc., with its permission. REVIEWED & APPROVEQyt 5/2018 1 od9:47 AM Batch: 44 t s 136 By Risk MANACfEMENT DIVISION U 7 2 19 FRANCINE R. VILLAREAL 2. To "bodily injury' a "property damage" that occurs during the ongoing operations of a project insured by an Owners and Contractors Protective Liability or Railroad Protective Liability Policy where you are the contractor designated In that policys declarations. 3. When coverage is available under a consolidated (wrap-up) insurance program that has been provided by die prime contractor/manager or owner of a construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: a. Provides coverage identical to that provided by this Coverage Part: b. Has limits adequate to coverall claims; or C. Remains in effect. C. The insurance afforded to any person a organization as an Insured under this endorsement: 1. Applies Only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage m the limits of insurance provided by this policy: 2. Does not apply to any person or organization for any "bodily injury', "property damage" or "personal and advertising injury' If any other additional insured endorsement attached to this policy applies to that person or Organization with regard to the "bodily injury. "property damage" or "personal and advertising injury'; and 3. Applies only If the "bodily injury' or "property damage" occurs. a offense giving rise to "personal and advertising injury, is committed. subsequent to the execution of the written agreement. LC 20 3410 13 ® 2013 Liberty Mutual Insurance. All rights reserved. Page 2 d 2 �r udes copynghled REYIEWEDe6� yi p('di D ith ils permissim. By Risk MANAGEMENT DIvisION 3/15/2018 10:09:48 Aivi Balch: 4415136 Q 7219 � FRANCINE R. VILLAREAL