Loading...
HomeMy WebLinkAboutGRAFFITI PROTECTIVE COATINGS, INC. (2)u;. >ILE A-2022- ovk, �nvCEED 056 _oUN1Tn' `IN8URANCEEXPIRE; a —�" 11: — CLER� ji COUNCIL ew DATE W FIRST AMENDMENT TO SERVICES vasQ fro �> Z AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS THIS FIRST AMENDMENT TO AGREEMENT is entered into this 5' day of April, 2022, by and between Graffiti Protective Coatings ("Consultant's, 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'). RECITALS A. On July 21, 2020, the City entered into Agreement #A-2020-155 with Consultant to provide graffiti removal services. B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to increase the annual compensation for the remainder of the term including any extension periods. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to increase compensation as follows: The total amount to be expended under this Agreement shall not exceed $15,663,333 during the term of this agreement, including any extension periods exercised under Section 3. The sum for fiscal year 2021-22 shall be increased by $350,000 for a total amount not to exceed $1,710,000 for that fiscal year. The sum for the remaining term including any extension periods shall be increased annually by $700,000 for a total amount not to exceed $2,060,000 annually. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continued on the following page] Page 1 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B . Jobn M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director of Public Works Agency President Page 2 of 2 /_sssN /� ,,� @RAFPRO.O', Digital '`�`�R" CERTIFICATE OF LIABILITYAMFQJI& by'f'I r`- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEI €1B.VIE1 DER. THIS BELOW.CERTIFICATE CERTIFICATEFOFt INSURANCE DOES NATIVELY OR IOTLY AMEND, CO STITUTEXAECONTWYy1T E J{(F� Cp R �F�i�E}�B ;,IFf€ (�LI IES. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ��� �"�B`�MI`ERVN {JEr rLR IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONr,L'ASURED p 9i I Br If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may rr.luire an endorsement. A statement on PRODUCER ....... N....... " ' ry Haneue verges -IUB International Insurance Services Inc. (A/G No, Ezg: (916 770-2918 FAX 951 231-2572 . O. BOX 4047 ) F C No):( ) :oncord. CA 94524-0047 :hM .«<. cal.cpu cDhubinternational.com INSURED Graffiti Protective Coatings, Inc. 419 North Larchmont, #264 Los Angeles, CA 90004 COVERAGES CERTIFICATE NUMBER: RFVICInN NIIMRPO: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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 TYPE OF INSURANCE ADDL INSD SUBR MD POLICY NUMBER POLICY EFF MPOLICCY EXPLTR LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE X OCCUR X PACEP4245050-03 2/17/2022 2f17f2023 EACHOCCURRENCE $ 1,000.000 DAMAGE TO RENTED acccurrenc 100000 MED EXP (Any one erson 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[ X1ma1:1 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B _AUTOMOBILE LIABILITY IEO aBI eED SINGLE LIMIT $ 2,000A(M BODILY INJURY Per erson $ X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUU�TNpOppSyy X X AS6-Z91.466837-012 111/2022 1/1/2023 BODILY INJURY Per accident $ PerOaca `ZDAMAGE $ E AUTOS ONLY AUTOS ONLOV UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS MADE DED I I RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ppppFICERIMEMBER EXCLUDED? Y (Manthaton, in NH) Ryes, describe under DESCRIPTION OF OPERATIONS below NIA X WC2-Z91-466837-022 1H/2022 lIV2023 X PER OTH- E ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE- POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Service Contract City of Santa Ana, its officers, agents, employees and representatives, as additional insured as respects to General Liability per attached forms EPACE101-0814 & EPACE100-0814, and coverage applies on a Primary & Non -Contributory basis per EPACE107-0714; and additional insured in respects to Auto Liability per AC8467 0415. Waiver of Subrogation applies to Auto Liability per AC8407 0713, pg. 10 of 11, XXIII, and Workers Compensation per WC040306 (4-84). As required by written contract. 30-Day Notice of Cancellation for General Liability will be provided in accordance with attached form EPACE106-0714. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ,I ,,.=^r,s Risk agent kMarvltDhislan _ mA�' :`cw REVIEWED&APPROV BY: ACORD 25 (2016/03) ©1988.2015 ACORD I .. tl4V Ae444 The ACORD name and logo are registered marks of ACORD - Risk Management Smoahst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organ zations Location And Description Of Completed Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, environmental damage, or cleanup costs caused, in whole or in part, by your work at the location designated and described in the SCHEDULE of this endorsement performed for that additional insured and included in the products -completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations, - whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE100-0814 Includes copyrighted material of Insurance Services Office In with its permission. RiskManagmentD[xsinn a REMEW &APPRa�Br. A-ju A,444- �. ® Risk Managemen[Spetlalis[' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where Required By Written Contract A. Section XX. WHO IS AN INSURED, Coverage Part 1 and Part 2 is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE above, but only with respect to liability for bodily injury, property damage, personal and advertising injury, environmental damage, or cleanup costs caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pave 1 of 7 RAMRmVmattDWmt 'I. REVIEWED&A"Rovm BY: .' A� A,w4fa ®' Risk Management Specialist C. With respect to the insurance afforded to these additional insureds, the following is added to section XXI. LIMITS OF LIABILITY AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Liability shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Liability shown in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE101-0814 Includes copyrighted material of Insurance Services Office, Inc., with its permission. paaP J of 7 g REm�M0sgnnadlltvisia: Ruk Management Speaalist THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: EnviroPACE Insurance PoliIy Persons or Or anization S : Where Required By Written Contract Section XXIII. CONDITIONS, 14. Other Insurance is amended by the addition of the following: This insurance is primary to and will not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE above provided that: 1. The person(s) or organization(s) listed in the SCHEDULE is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person(s) or organization(s) listed in the SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE107-0714 Includes copyrighted material of Insurance Services Office, I with its permission. RA MnnsemtmtDMsian i REmEWEo&APPRMMBY: ��' Risk Management Speaalist THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION BY US - CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: EnviroPACE Insurance Policy SCHEDULE CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CNIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 92702 Section XXIII. CONDITIONS, 4. Cancellation is amended by the addition of the following: If we cancel this Policy before the expiration date thereof, we will mail 30 days written notice (10 days for non-payment of premium) to the Certificate Holder(s) indicated in the SCHEDULE above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EPACE106-0714 Risk M¢nag�rnmi Dfwfan REVIEwD 6 APPROVED BY: Risk Management Specialist e POLICY NUMBER: AS6-Z91-466837-012 COMMERCIAL AUTO AC 84 67 04 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to Who Is An Insured of Section II - Liability Coverage: Any person or organization with whom you agreed, because of a written contract, written agreement or written permit, to provide insurance such as is afforded under this Coverage Form. This provision only applies if the written contract or written agreement has been executed or written permit issued prior to the "bodily injury" or "property damage". 0 2014 Liberty Mutual Insurance AC 84 67 04 15 Includes copyrighted material of Insurance Services Office, Inc., with its permis 100 Rldrhlw"=aetDWian �{{ REAimeo&APPROrStVED BY. i SJILLt1.IF L� A-ju (fCaV4k, Risk Management Specialist POLICY NUMBER: AS6-Z91-466837-012 A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 07 13 O 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 11 RiekMxnagemottDtvufon ftem WEO&APPROVED BY: Af, A,wQt- ` Risk Management Specialist WAIVER OF OUR RIGHT TO RECOVER FROMOTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreementfrom us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Additional premium is a percent of the California Manual Workers Compensation premium. Subjectto a minimum premium charge of $ 250 per policy. Person or Organization Job Description Where required by contract or Any written agreement prior to loss and allowed by law. Issued by Liberty Mutual Fire Insurance Company16586 Issued to Graffiti Protective Coatings, Inc, WC 04 03 06 Ed: 04/1984 Rule ManagementDi dsian REVIEWEQ& APPRovm flly. ^ ®' Risk Management Specialist April 14th, 2022 City of Santa Ana Attn: Risk Management 20 Civic Center Plaza, 41h Floor Santa Ana, CA 92702 RE: COI Supplemental Document/Professional Liability To Whom It May Concern, Graffiti Protective Coatings, Inc. will not hire professionals or consult any third -party form any work. All work will be performed by Graffiti Protective Graffiti Protective Coatings, Inc. 419 N. Larchmont Blvd., #264 Los Angeles, CA 90004 R[akMwvgawdDmfl", Rene &Ar RmmA-jy,AcWf:6k Management Spetl