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HomeMy WebLinkAboutVISTA DEL VERDE LANDSCAPE, INC. DBA BEVILL LANDSCAPE MANAGEMENT 1B - 2008AGREEMENT TERMINATION City of Santa Ana Please complete this form when the attached agreement is no longer in effect. AU3 ® 2 2021 Clerk of the Council Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with A c�CJ Y No(p' was completed on and final payment has been made. A' —3M9' n lS Department: Paelw i' %a p� DD (P— (),— � A-a6J©-aLs Revised 8-7-03 Signature: 1ES� CCd.yP-yCLO Date: % aq )�-, City of Santa Ana Clerk of the Council v:] D c , (1 XPIRES oe 0 F_ MAR o F Rcs C2) Carla ThomP)S*a SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT A-2008-029 THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 4, 2008, by and between Vista Del Verde Landscape dba Bevill Landscape Management ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-020, dated February 6, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance for certain City parks. B. In accordance with the terms and conditions of said Agreement, the parties amended the Scope of Services to include services for additional park sites. C. The parties now wish to amend said Agreement to extend the term for an additional one-year period and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B-1, of said Agreement, as amended. Said contract rate for each park shall be increased by six percent (6%) for a total of $157,830 for listed landscape maintenance services during the term from March 1, 2008 through February 28, 2009. The total sum to be expended under this Agreement shall not exceed $227,830.00, which includes a $70,000 contingency, during the term of this Agreement." 3. Section 3, TERM, shall be extended for an additional one-year period, through February 28, 2009, 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: ^u, a %, Laura Sheedy Assistant City Attor CITY OF SANTA ANA DAVID N. REAM City Manager VISTA DEL VERDE LANDSCAPE r � - AME) j 5. SOi-fN S C�/v (Title) e4 �.,V - , TM V7.ri Vi7■ 1 \I■ - ■ - - - v ..---. I W1f vf-f LVVI PRODUCER (559)650-35SS FAX (SS9)650-3558 Landscape Contractors (Lic#0755906) A-2000-0-M-01 Insurance Services, Inc. 1835 N, Fine Avenue b Fresno,, CA 93727 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # NSURED Vista del Verde Landscape, Inc. 30316 Esperanza Rnch Snta Margarita, CA 92689 wsURERA: Everest National Insurance Co. 10120 INSURER B: INSURERC: INSURER 0: INSURER E: vTHE POLICIES OF INSURANCE LISTED 13ELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ iSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE lMM1DQ[YYV LIMB$ GENERAL LIABILITY 1700004619071 07i01/Z007 07/01%Z008 EACH OCCURRENCE $ 1, QpO, Q DAMAGE TO RENTED $ 100,0001 x COMMERCIAL GENERAL LIABILITY $A.. CLAIMS MADE D OCCUR MED EXP (Arty ane person) PERSONAL SADVINJURY $ A x XCU Coverage X ESOO PD DED GENERAL S 2,000, GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY X JECT F LOC AUTOMOBILE LIABILITY ANY AUTO 1700004619071 07/01/2007 07/01/2008 COMBINED SINGLE LIMIT (Ea accident) S 1,000, BODILY INJURY (Per person) S A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS X X BODILY INJURY (Peracident) $ x PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSMIBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S a S DEDUCTIBLE S RETENTION S - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE .. .. ` _ r. a IF, c WC STATII I JOT H- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE S OFFICERIMEMBER EXCLUDED? If yes. desmbe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT S OTHER ESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS '• All California Landscape Operations Nab* A10dityno5wdcw.uajMm bs IIMARY INSURANCE: See Attached ECG205011299 & ECGZOS020100 gIV811 ii1T Ilfm-p2ylklentn-f E]i'Eb'!'I11111ST3T TICY- repor�ng of ��vt+�iE City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez 888 W. Santa Ana Blvd, 2nd Floor Suite #200 Santa Ana, CA 92702 CORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *W40M MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ii xx AUTHORIZED REPRESENTATIVE �`— _ �� ,, �' nehhio Cerkueira/KTMG ©ACORD CORPORATION 1988 POLICY NUMBER: 1700004619071 COMMERCIAL GENERAL LIABILITY Vista del Verde Landscape, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (CG 20 10 11 85) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, 07/01/2007 Name of Person or Organization: City of Santa Ana Parks Recreation & Community Service Agency As it pertains to All California Landscape Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. ECG 20 50112 99 Copyright, Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office, Inc, used with its permission Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 PRODUCER ;59)650-3555 FAX (559)650-355$ Landscal` :contractors (Li c#0755906) Insuram r Services, Inc. A -a2006 _ 0-2 0 1835 N, fine Avenue Fresno, , CA 93727 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Il a del Verde Landscape, Inc. 30316 Esperanza Rancho Santa Margarita, CA 92688 INSURERA: Lincoln General Insurance Comp 33955 INSURER B: INSURERC. INSURER O: INSURER E: COVE ES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VSR D' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMMOMI LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE OCCUR M£D EXP (Any one person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POUCY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S ALL OWNED AUTOS SCHEOULEDAUTOS BODILY INJURY (Per person) S HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ __S _ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE S AGGREGATE $ s DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND CWC00002900 07/01/2007 07/01/2009 X we 6TATU orl+ EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 1,000, 00 A ANY PROPRIETORIPARTNERIEXECUTtVE Oyes, describe and EXCLUDED? )[yes, deSUibe under E L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE- POLICY LIMIT S 1, ON, 0 ill"% SPECIAL PROVISIONS below OTHER A7ROVE1.1 ,ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: All California Landscape Operations Laura Assistant Wr ly )-day notice of cancellation applies in the event of non-payment of premiums/non-reporting of payroll City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez 889 W. Santa Ana Blvd. 2nd Floor Suite ZOO Santa Ana, CA 9270Z SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ` ^"a Debbie Cerkueira/KIMG /lpt bti L_JU�-uJ ►CORD 25 (2001/08) ©ACORD CORPORATION 1988 Landscape Contractors Insurance Services, Inc. LC IS 1835 N. Fine Avenue, Fresno, CA 93727 * License ##0755906 (800) 628-8735 • (559)650-3555 • (800) 440-2378 Toll Free Fax • (559)650-3558 Fax e-mail: insured kisinc.com • www.leisinc.com 7/2/2007 City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez 888 W Santa Ana Blvd 2nd Floor Suite #200 Santa Ana, CA 92702 RE: Vista del Verde Landscape, Inc. 1700004619071 To Whom It May Concern: This letter is to advise that we can not provide non-contributory wording. The wording available to use is listed under the Blanket Additional Insured endorsement item 6. This section states that as long as a written contract requires it, our insured's coverage is primary and that "other insurance which may be available to such additional insured shall apply on an excess basis". In other words, your insurance will not be asked to pay a portion oFor contribute to the loss, unless 1) our insured's limits and/or 2) the portion of the loss that the insured is legally liable for, are exhausted as it pertains to any claim that is a covered cause of loss in the policy. This letter does not in any way alter the policy. Regards, De66ie Cffk1wim Debbie Cerkueira Account Manager ADDITIONAL INSURED ENDORSEMENT Insurance Company Everest National Insurance C'orttpany This endorsement modifies such insurance as is afforded by the provisions of Policy #_ 1700004619071 _ relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as art insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been givers to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 07/01/2007 , this endorsement form*as a part of Policy # 1700004619071 Issued to Vista del Verde Landscape, Inc Named insured Countersigned by D. Cerkueira 07/01 /2007 Authorized Representative GATE (MMIDOIYYYY) ACORD, CERTIFICATE OF LIABILITY INSURANCE 07/03/2008 'RODUCER (S59)650-3SS5 FAX (559)650-3558 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Landscape Contractors (Lic#0755906) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Services, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 183S N. Fine Avenue Fresno, CA 93727 INSURERS AFFORDING COVERAGE NAIC# Vista del Verde Landscape, Inc. 30316 Esperanza Rnch Snta Margarita, CA 92688 INSURERA. ARCH Insurance CompE INSURER B. INSURER C INSURER 0 INSURER E V I5 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POIJCY EFFECTME POLICY EXPIRATION LIMITS GENERAL LABIERY LCKPGO053900 07/01/2008 07/01/2009 EACH OCCURRENCE S 1, ODD, OR DAMAGE TO RENTED $ 100,00 X COME RCIAL GENERAL LIABILITY MED EXP(My we dean) S S,00 CLAIMS MADE TXOCCUR PERSONAL & ADV INJURY S 1,000.00 7D-LA� X XCU COVERAGE X S500 PD DED GENERAL AGGREGATE S 2, 000, DO GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 2,000,00 X POLICY JPRoECi El LOC AUTOMOBILE UASIL(TY ANY AUTO LCKP00053900 07/01/2009 07/01/2009 COMBINED SINGLE LIMIT (Ea a4ident) $ 1,000,00 _ BODILY INJURY (PoIPHsdn) S A X X X ALL OWNED AUTOS SCHEDULEC AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (PeramdaN) $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHERTHAN EAACC S ANY AUTO S AUTO ONLY: AGO IXGESWUMBRELLA LIABILRY EACH OCCURRENCE S AGGREGATE S OCCUR CLAIMS MADE S I $ DEDUCTIBLE / S RETENTION S WORKERS COMPENSATION AND WCSTATU- OTH- I E.L. EACH ACCIDENT S EMPLOYERSLIASILRY ANY PROPRIETORIPARTNERIEXECUTIVE ILL. DISEASE. EA EMPLOYEE S OFFICEWMEMBER EXCLUDED? rcyyaa55 dexnbe under SPECIALPROVISIONSbel. EL DISEASE -PoLICYLIMIT S OTHER Note: a 10 day notice of Cancellation will be given for non-payment Of premiums or non -reporting of payroll. DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES IIX WSION DED BY ENDORS EHTI SPECIAL PROVISIONS E: All landscape operations per tormeT��y or on b%Ea'lf of the named insured. rimary Insurance: Blanket Additional Insured per Attached DOGLO434000108 City of Santa Ana Parks Recreation & Community Service Agency Attn: Mike Lopez 888 W Santa Ana Blvd 2nd Floor Suite #200 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 11IM90M MAIL 30 DAYS WBRTEN NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, YpggUCYi�OtlNAY)H4YA(Kdtt(dU614XIXXiWtItCMd(7116XdWtlhll?h1kXi6YlYA(V(XX ACORD 25 (2001108) tWAL Vmv L,UKrVMM nvn la.D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II - WHO IS AN INSURED is amended to include as an insured any organization or person required to be named as an additional insured pursuant to a written contract or agreement. The insurance provided by this endorsement is subject to the following: a. This insurance does not apply to any person or organization not specifically approved by us as an additional insured. b. Any insurance afforded an additional insured under this endorsement shall not begin before the date that the person or organization is approved by us as an additional insured. c. ,The Limits of Insurance under this insurance, which are listed in the Declarations of this policy, shall not be increased, regardless of the number of additional insureds, or the limits specified in the contract or agreement. d. Any coverage that is not provided under an additional insured's liability insurance policy for your acts, errors, or omissions is also not provided under this insurance. e. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product" arising out of it or any part of it. 2. "Property Damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". 3. Liability for "Property Damage" or "Bodily Injury' for acts, errors, omissions of an additional insured. f. If required under written contract, this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis. g. If required by a written contract, we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of :your ongoing operations, or "your work" done under a contract with that additional insured and included in the "products completed operations hazard". All other terms and conditions of this Policy remain unchanged. Endorsement Number: N/A Policy Number: LCKPGO053900 Named Insured: Vista del Verde Landscape, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 07/01/2008 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission