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HomeMy WebLinkAboutLANDSCAPE WEST MANAGEMENT SERVICES, INC. (14) A-2026-097-02 �?-I �� � ZoZb - n%PVj6V +) (DI-) FIRST AMENDMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES INC. TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between Landscape West Management Services, Inc. ("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. The parties entered into Agreement No. A-2024-007-02, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned ("Agreement"). Contractor was assigned to provide services in Santa Ana Civic Center. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described. in RFP No. 23-151. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: 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 A and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on following page] Page I of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA ¢r ' f enn' er L Hal ` r Alvaro Nunez Cit rk City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney j i� By: �""�- e Nellesen By: Michael Garihay ssistant City Attorney Title: President RECOMMENDED FOR APPROVAL �'a(oGfI Posat Ratlalfa#taws(.fun 23,2a26 46:36A0 POT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 LANDWES-02 MANTH NY CERTIFICATE OF LIABILITY INSURANCE DAT 71912 DfYYYY) 7/912026 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 BYTHE 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(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 endorsemen s . PRODUCER ONEACT High Ground Insurance Services PHONE Fax 2377 Crenshaw Blvd.,Suite 304 (AIC,No,EXq:(310)542-4600 AIc,No:(310)542-8400 Torrance,CA 90501 E-MAIL s:info@highgroundinsurance.com INSURERS AFFORDING COVERAGE NAIC N INSURER A:Berkley Assurance Compariv 39462 INSURED INSURERB:TOXaS Insurance Company 16543 Landscape West Mgmt Svcs,Inc. INSURER C:Safety National Casualty Corporation 15105 1234 North Blue Gum Street INSURER D:Traveler Prop Cas Co of Americ 25674 Anaheim,CA 92806 INSURER E;Indian Harbor Insurance Co 36940 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 SUBR POLICY NUMBER POLICDY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 0 OCCUR X X VUMA0419500 4/1/2026 41112027 DAMAGES EREN�TEDnce $ 300,000 X Owner7s 8r Contractor IVIED EXP(Any one rson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 20000,000 X POLICY JE 0 LOG PRODUCTS-COMPIOP AGG 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ( aoddenil ANY AUTO BRPCBLTCA011500_OBA338_01 12/2312025 12/23/2026 BODILY INJURY Perperson) $ 1,000,000 OWNED SCHEDULED AUTOS ONLY Ix X AUTOS BODILY INJURY Per accident $ 1,000,000 AUTDSONLY p�OS ONLY PerOaoaitlenbAMAGE $ 1,000,000 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE VUMA0419510 41112026 41112027 AGGREGATE $ DED I I RETENTION$ 5,000,000 C WORKERS COMPENSATION X STATUTE RH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X 4503-0363 1/1/2026 11112027 E.L.EACH ACCIDENT 5,000,000 FMaridatory�n NEIj FXCLUOED7 NIA 5 DD0,000 E.L.DISEASE-EA EMPLOYE If yes,describe ander 5 D00,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT D Property 63005778274 4(1/2026 41112027 Business Pers Prpty 232,000 E Pollution PECO072349 5/6/2026 51612027 POLLUTION 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 161,Addltlonal Remarks Schedule,maybe attached if more space Is required) Project:Right of Way and Median Landscape Maintenance Services RFP#19-016 City of Santa Ana,It's Officers,Employees,Agents,Volunteers and Representatives are included as Additional Insured In respects to General Liability arising out of work operations performed by or on behalf of Contractor including materials,parts,and equipment furnished in connection with such work or operations and automobiles owned,leased,hired,or borrowed by or on behalf of Contractor when required by written contract per policy form. This coverage Is primary and Non-Contributory.Waiver Subrogation is included per policy form.Tan(10)days prior written notice for non-payment and Thirty(30)days prior written notice for policy cancellation shall be provided to City. APPROVED - CERTIFICATE HOLDER CANCELLATION By To Trap Nguyen at 9 3$am, 1uI it1 2o2s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Arturo Rodriguez 220 S Daisy M-85 Santa Ana,CA 92703 AUTHORIZED REPRESENTATNE ACORD 25(2D16103) O 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered O erations As required by written contract executed and As designated in written contract with the Named signed by all parties prior to the date of loss but Insured, only to the extent permitted by law. 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. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An:.Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) -shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or. ."personal and advertising injury" "property damage"occurring after: ca.used;:.in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2; The`acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. 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. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Policy Number: VUMA0419500 CG 20 37 12 19 Insured Name: Landscape West Mgmt Svcs, Inc. Number: Effective Date: 04/01/2026 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: Commercial General Liability Coverage Part Schedule Name Of Additional Insured Person(s) Location And Description Of Or Organization(s) Com leted Operations Any person or organization when you have agreed in All locations and completed operations for a written and executed contract, prior to an which you have agreed in a written and "occurrence", that such person or organization be executed contract prior to an 'occurrence." added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II --Who Is An Insured is amended to D. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most by "your work" at the location designated and we will pay on behalf of the additional insured is described in the Schedule of this endorsement the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 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. All other terms and conditions of this Policy remain unchanged. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VUMA0419600 CG 24 0412 19 Insured Name: Landscape West Mgmt Svcs, Inc. Number: Effective Date: 04101/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an"occurrence", that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY California Contractors Network, Inc. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS We have the right to recover our payments from anyone liable for a covered injury. 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 agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of person or Organization: Certificate Holder, and anyone required in written contract. Insured: Landscape West Mgmt Svcs, Inc. Policy No.: 4503-0363 Endorsement Effective: 01/01/2026 Coverage Provided by: Safety National Casualty Corporation Issued Date: 01/01/2026 TEXAS INSURANCE COMPANY Insured Name : LANDSCAPE WEST MANAGEMENT SERVICES INC Effective Date :04/01/2026 Policy Period : 12/23/2025-12123/2026 Policy Number :BRPCBLTCA011500 08A338 01 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: LANDSCAPE WEST MANAGEMENT SERVICES INC Endorsement Effective Date: 04/01/2026 SCHEDULE Name(s)Of Person(s)Or Organization(s): City of Santa Ana Attn:Arturo Rodriguez, its City Council, officers, officials, employees,agents,and volunteers Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s)or organization(s)shown in the Schedule,but only to the extent that subrogation is waived prior to the "accident" or the"loss" under a contract with that person or organization. Jeffrey A. Silver (Authorized Representative) Date: 04/02/2026 11/2023 RPCAAC018_1 Page I of 1 TEXAS INSURANCE COMPANY Insured Name :LANDSCAPE WEST MANAGEMENT SERVICES INC Effective Date :04/01/2026 Policy Period :12n3/2025-12/23/2026 Policy Number :BRPCBLTCA011500 08A338 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are added as"insureds"under the Who Is An Insured provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form.Unless otherwise specified below this endorsement is effective from the inception date of the Coverage, Endorsement Effective: 04/01/2026 SCHEDULE Name of Person(s)or Organizations : City of Santa Ana Attn: Arturo Rodriguez, its City Council, officers, officials,s, employees, agents,and volunteers Each person or organization indicated above is an"insured"for Liability Coverage on a primary basis,but only in respect to the Named Insured's trucking or courier operations, The inclusion of any additional person(s)or organization(s)shall not operate to increase the limits of the Company's liability. Jeffrey A. Silver (Authorized Representative) Date: 04/02/2026 11/2023 RPCAACO23_1 Page I of I