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HomeMy WebLinkAboutBRIGHTLIFE DESIGNS, LLCINSURANCE NOT ON FILE N-2021-186-01 WORK MAY NOT PROCEED FIRST AMENDMENT TO s CLERK OF COUNCIL AGREEMENT WITH BRIGHTLIFE DESIGNS, LLC. DATE: THIS FIRST AMENDMENT TO AGREEMENT is entered into this 19a' day of November 2021, by and o between BrightLife Designs, LLC, a California limited liability ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). Contractor and City are also referred to herein as "Parties" or individually as a "Party " p': ?vgn(Umfitodygtte�)�z�Tr RECITALS A. On September 1, 2021, the City entered into Agreement No. N-2021-186 ("Agreement") with BrightLife Designs, LLC, a California limited liability company, to install various holiday decor such as garland, bows, holiday lights for light posts and trees, the installation of a 10 foot LED lit holiday bear, and other holiday decor in Downtown Santa Ana. B. Agreement No. N-2021-186 is currently in full force and effect until June 30, 2022 C. The parties desire to amend the scope of services provided by Contractor, the compensation, and the term of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 1, SCOPE OF SERVICES, is amended to include: a. City of Santa Ana Public Library Tree Lighting. Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in Exhibit 1, attached hereto and incorporated herein by reference. b. City of Santa Ana Bristol & 1st Tree Lighting. Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in Exhibit 2, attached hereto and incorporated herein by reference. 2. Section 2, Compensation, is amended to increase the total compensation for services provided by BrightLife Designs, LLC, in the amount of $16,200. As a result of this amendment, the total sum to be expended for this Agreement shall not exceed forty-seven thousand three hundred twenty-five dollars and zero cents ($47,325). 3. Section 3, Term, is extended until October 31, 2022. The term of this Agreement may be extended by two (2) one-year optional extensions exercisable upon a signed writing by the City Manager and City Attorney. The original price for any future services will remain in effect for the remainder of the contract years including any extensions, if so exercised. 4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: Daisy Gomez / Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Silihdon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: V e4 ti Nabil Saba, P.P. Executive Director Public Works Agency CITY OF SANTA ANA Knstme Ridge City Manager BrightLife Designs, LLC Nag& J&eph Castro Title: Owner Page 2 of 2 EXHIBIT I Y, Cb©', ;'ylo .. November4th, 2021 Yasmine Vazquez Public Works Agency City of Santa Ana 20 Civic Center Plaza (714) 647-5022 City of Santa Ana Public Library Tree Lighting Installation of Rental Lighting Decorations SUMMARY REPORT: - Palm Tree Lighting. - Please select applicable option. DETAILED REPORT: Large Palm Trees - Six (6) Palm Trees to be wrapped with commercial grade Warm White Mini Lights located at the Public Library Roundabout. Tree wrap will start ground level going up to the nut of the tree. Approximately Fourteen - Sixteen (14-16) light strands will be used on each tree. - Outlet Is located loft up on one palm. - Power ran overhead between each palm. Rental Price Per Palm (City Run Power) $550.00 O ental Price Per Palm (BrightLife Run Power) $600.00 Palm Trees - Ten (10) Palm Trees to be wrapped with commercial grade Warm White Mini Lights located at the Public Library Roundabout. Tree wrap will start ground level going up to the nut of the tree. Approximately Ten to Twelve (10-12) light strands will be used on each tree. - Outlet Is located loft up on one palm. - Power ran overhead between each palm. Rental Price Per Palm(Bnghtl_ifewer) $400.00� Timing and Agreement: One year agreement starting Nov 12021 through Oct 31, 2022, with two (2) one-year optional extensions at City of Santa Ana discretion and based on Brightlife's performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2022) and three (2023). Rental: yes, Installation and Removal of Rental Decor. Purchase: N/A Installation Date: Nov Sr -Nov 22-2021 Working Hours: Business Hours Strike Date: Installation Address: N/A 26 Civic Center Plaza (' Optional Insurance: Insurance certificates, Fee of $200 Accepted r Denied lease circle one To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 5 days. Thank you. BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www. Briehtlifedesign s.coms.com Sincerely, Joe Castro Confirmed By and on Behalf of City of Santa Ana ft Authoriz d Si ner U Will Gugerty 1-t h n 0 wz- U// ZI Printed Name Date BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www. Brightl ifedesiens.com I EXHIBIT 2 " SI s ♦ i D E S G November 1st, 2021 Ceasar Rdriguez Senior Civil Engineer City of Santa Ana 20 Civic Center Plaza (714)647-5626 City of Santa Ana Bristol & 1st Tree Lighting V2 Installation of Rental Lighting Decorations SUMMARY REPORT: - Palm Tree Lighting. DETAILED REPORT: Palm Trees Nineteen (19) Palm Trees to be wrapped with commercial grade Warm White Mini Lights located on Bristol & 1st. Tree wrap will start eight (8) feet above ground level going approximately 15-18 feet up in the tree. Approximately Sixteen (16) light strands will be used on each tree. City will run power from closest street pole. From there power can be run overhead between each tree. Rental Price Per Palm $450.00 Amount Due Prior to Installation Commenting 50%: $4,275.00 Amount Due Upon Installation SO%$4,275.00 Total: $8,550.00 Timing and Agreement: One year agreement starting Nov 12021 through Oct 31, 2022, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife's performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2022) and three (2023). Rental: Yes, Installation and Removal of Rental DeScor. Purchase: TBD Installation Date: Nov 4''-Nov &" 2021 Working Hours: Business Hours Strike Date: N/A Installation Address: S Bristol St & W 1st St Optional Insurance: Insurance Certificates, Fee of $200 Accepted Or Denied (please circle one) To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 5 days. Thank you. Sincerely, Joe Castro Will Gugerty Confirmed By and on Behalf of City of Santa Anna uthorized Signer r;E sA2 A9t?1Z1gVE Z 11/ y / 20 Z 1 Printed Name Date BrightLife Designs LLC 16351 Gothard St, STE C Huntington Beach, CA 92647 Phone: 714-326-8326; Direct : 714-372-2274 www.Brightlifedesigns.com Francine R. Olgitally signed by Francine R. Villareal Villareal Date: 2021,09.161500:29 0]'00' CERTIFICATE OF LIABILITY INSURANCE Dn^E----n-v) 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 policy(ies) 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 B2 Insurance Services CONTACT NAME. Nica LLOrin 1426 Aviation Blvd, Suite 203 PH(FICNN Eat: (424)206-9400 FAX N„ (424)888-7660 Redondo Beach, CA 90278 ADDRESS: ... ..._ nica@b2insurance.com License#: 0122551 _. __ INSURER(S) AFFORDING COVERAGE. NAIL# INSURER A; Mesa Underwriters Specialty Insurance 36838 INSURED INSURERB: an AmGUARD Insurance PY 42390 Brightlife Designs LLC INSURER _Com - - 16351 Gothard St, Ste C INSURER D. Huntington Beach, CA 92647 INSURER_E: INSURER F : COVERAGES CERTIFICATE NUMBER: 00006370-591763 REVISION NUMBER: R9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Far TYPE OF INSURANCE .DL SUER POLICY NUMBER MM DPOLI OfIYVY MMI� ft ODIYYYY LIMITS A X_ COMMERCIAL GENERAL LIABILITY Y Y MP0004016006613 08/1012021 08/10/2022 EACH OCCURRENCE s 1,000,000 CLAIMS -MADE X OCCUR DAMAGM-BENTED PREMISES (Eeoccuromi,c) LS_ 100,000 MED EKE (Any one person) $ -- 5,000 PERSONAL B ADV INJURY S 1j 00,000 GENL AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE s 2 000 DOO )( POLICY _ _ PELT LOC _ PRODUCTS - COMPIOPAGG S 2,000,000 __-S- OTHER: B AUTOMOBILE LIABILITY Y Y BRAU048580 10/0912020 10/09/2021 COMBINED SINGLE LIMIT amide,d)S 1,000,000 ANY AUTO _LEa BODILY INJURY (Per person) S OWNED SCHEDULED - AUTOS ONLY X I AUTOS BODILY INJURY (Per accdent) S HIRED X NON -OWNED X': AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) _ S Comp/Coll Deduc S $1000 UMBRELLA UAB ILOCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE 5 OED RETENTIONS S WORMERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNEWEXECUTIVE EL EACH ACCIDENT S OFFICEMMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E L DISEASE- EA EMPLOYEE S Ifyi s. describe under- DESCRIPTIONOFOPERATIONSbelow E.L DISEASE -POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ADDED 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect to General Liability and Auto Liability per the attached endorsements or as required by written contract. Insurance is Primary and Non -Contributory City of Santa Ana - Risk Management Division 4th Floor 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1QRR-in1R 4rr1An rnl ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by N „ Riekfvlanegemalt Division REVIEWED&APPROVEDBY: 8i e " F r.o" z vw..bc( Risk Management Analyst MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Al - PRIMARY NON-CONTRIBUTORY - WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Blanket Additional Insureds - As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, in whole or in part, by: 1. Your ongoing operations, "your product", or premises owned or used by you; With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong -doing 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, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. 2. Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract, or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the rental agreement or equipment lease expires. The provisions of this coverage extension do not apply unless the written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to v applies, "personal and advertising injury". MUS 01 0120128 0316 Insured Copy '+�"_ Rink Mkncgemad Disision y: I? "c RE EWEDSAP,PIRG�V/EDBY�/.' ��Risk Management Analyst Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance shall be excess with respect to any person or organization included as an additional insured under this policy, any other insurance that person or organization has shall be primary with respect to this insurance, unless: 1) The additional insured is a Named Insured under such other insurance; 2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis, and 3) The written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury'. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract or written agreement and included in the "products -completed operations hazard", if: You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement, 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract'. The section above only applies to that person or organization identified above, and only if the "bodily injury' or 'property damage' occurs subsequent to the execution of the written contract or written agreement. All other terms and conditions of this policy remain unchanged. MUS 01 01 20128 0316 RiA Maragmient Division nc r REVS D&APPROVm BY: ` Risk Managemen[Maryst POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-23-2021 GROUP: POLICY NUMBER: 9262964-2020 CERTIFICATE ID: 84 CERTIFICATE EXPIRES: 10-22-2021 10-22-2020/10-22-2021 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ 10-22-2020 SANTA ANA CA 92701-4058 HO This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded dbby� the policy yydedescribed herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2021-08-23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA •�®— ENDORSEMENT #2572 ENTITLED BLANKET WAIVER OF SUBROGATION EFFECTIVE 2020-10-22 IS ATTACHED TO AND FORMS A PART OF THIS POLICY ENDORSEMENT N1951 - CASTRO,JOE MGR-MEMBR - EXCLUDED. ENDORSEMENT #1951 - PETERSON,MATTHEW MGR-MEMBR - EXCLUDED. ® ENDORSEMENT #1951 - ANNIGONI.JOSEPH MGR-MEMBR - EXCLUDED. EMPLOYER BRIGHTLIFE DESIGNS, LLC SP 16351 GOTHARD ST STE C HUNTINGTON BEACH CA 92647 (REV.7-2014) PRINTED : Ot SP Riak M¢nag�.mmf DiNnion REMEWEo 3 APPROVED BY: C R¢k klanagement Analyst