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HomeMy WebLinkAboutVISTA DEL VERDE LANDSCAPE INC. 2B - 2010x CDO m _513, v O z N y 4 � � W � N 00 6lL (D Qi v (1 (D 0 c W cQ a a D m x .. W o � l Lf (D N (D m 3 CD W fD (p W A (D -4 _ Q o N 3 O O N CD CD v no C � � (D 0 � �ro z� C C' (D (D 9 Cn cD =n a O v _CD o a � W (D (D �m �3 i� (D o� 0 (D m 0 CD n nn 'C m o O_ m � () z a� 0 ,f Ill O 4) n � Z = 2) CJ Ge INSURANCE ON 1-LE WORK MAY PROCEED UNTIL INSURANCE EXPIRES --j-dL-2-0 _.I ( CLERK OF COUNCIL AMENDMENT TO AGREEMENT DATE A-2010-184 OCT 2 7 2 6310 THIS SECOND AMENDMENT TO AGREEMENT, is entered into this 20`x' day of September, 2010, by and between Vista Del Verde Landscape Inc. 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-2008-260, dated September 2, 2008, as d d S t b 21 2009 b A t # A 2009 164 h i ft " id amen on e ep em er , greemen y - ( - ere na er sa " Agreement ) by which Contractor has provided high-level landscape maintenance for the 02 Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions. C.L 4 B. The parties now wish to amend said Agreement to further extend the term for an di additional one-year period and provide the identical compensation to pay for the identical r C? services to be performed 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION shall be amended to read as follows: a. City agrees to pay, and Contractor agrees to accept as total payment for its services during the Extended Term, the rates and charges identified in Exhibit A. The total charged for monthly routine maintenance during the Extended Term shall be $124,316, payable monthly. An additional $10,000.00 contingency shall available for unanticipated expenses during the Extended Term, which shall be authorized in writing executed by the Executive Director of Parks, Recreation and Community Services or designated representative. The scope of services shall include maintenance of the Tierra Del Pampas exhibit. The total sum to be expended under this Second Amendment to Agreement shall not exceed $135316 during the Extended Term. 2. Section 3, TERM, shall be extended for an additional one-year period, terminating at midnight on September 30, 2011, unless terminated earlier in accordance with Section 12 of the Agreement (herein referred to as the "Extended Term"). 3. 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 First Amendment to Agreement on the date and year first written above. ATTEST: ,- MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA t;nAv DAVID N. REAM City Manager VISTA DEL VERDE Irobert S. J, President Tax ID No. A-!)("jt.' - i' A`°' CERTIFICATE OF LIABILITY INSURANCE DATE /8K/'°°""'"' 7/8/2010 PRODUCER (S59)650-3555 FAX: (559) 650-3558 Landscape Contractors (Lic#0755906) Insurance Services, Inc. [IV -1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY-.AND CONFERS NO RIGHTS UPON THE CERTIFICATE At1fDj1 lEHCOVERAG AFFORDED BY THE POLLIICES BELOW. 1835 N. Fine Avenue Fresno CA 93727 - -_ CITY .IN U FFORDING COVERAGE NAIC # INSURED ! C . ERIK F C !t Insurance Company 11150 L Vista del Verde Landscape, Inc. ' '1 250 Fischer Avenue INSURER C INSURER D Costa bilsa, CA 92626 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING 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 OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. INSR L L 1;PEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE O TE MMM fry Y POLICY EXPIRATION DATE (MMI1DDA1YYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LABILITY PREMISES a occurrence $ 100,000 A X CLAIMS MADE a OCCUR CPKGO053902 7/1/2010 7/1/2011 MED EXP'Any one person) $ 5,000 PERSONAL 8 ADV INJJRY $ 1,000,000 X $500 PD DED GENERAL AGGREGATE $ 2,000,000 GENLAGGREGATELIMIT APPLIES PER. PRODUCTS -COMP/OPAGG $ 2,000,000 X POLICY': M, F7 LOC AUT OMOBLE LIABILITY i COMBINED SrJGLE LIMIT iEs aeadern) $ 1,000,000 ANY AUTO A ALL OWNEDA;JTOS CPK00053902 7/1/2010 7/1/2011 BODILY INJURY $ X SCHEDULED AUTOS !Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per aratlent) O FARM P P AP ROVED A T RO ERTY DAMAGE P id t $ er acc en ) ( GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO ;?? OTHER THAN EA ACC $ ?. I \N O FLET AUTO ONLY AGG S EXCESSI UMBRELLA LIABILITY , TY A EACH OCCURRENCE i s I OCCUR CLAIMS MADE AGGREGATE i $ _ DEDUCTIBLE $ t RETENTION $ $ WORKERS COMPENSATION W C STATU- OTH- AND EMPLOYERS' LIABILITY TORY I t Y I N I ANY PROPRIETORFARTNERF.,xECUTIVE F7 OF.ICERIMEMBER EXCLUDED'/ E.L. EACH ACCIDENT $ (Mandatory in NH) If rib d e E.L. DISEASE - EA EMPLOYE S i s. esc e under y SPECIAL PROVISICNS below E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS RE: All landscape operations performed by or on behalf of the named insured. Blanket Additional Insured per Attached OOGLO434000108 City of Santa Ana, Its officers, agents 6 employers (Excluding Professional Liability) are named as additional nsu red - d 1V ote. A 10 ay notice of cancellation will Lv given for non-pw, nient o pre1111U1115 OT non-repoilll1S.T of payroll. City of Santa Ana Attn: Purchasing Dept 20 Civic Center Plaza Santa Ana, CA 92701-4010 ACORD 25 (2009101) SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VNLL 0004)04)(NdAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE YS 3 Cerk-aeira/KSAEN2 0 1988-2009 ACCRD CCRPn ROTiAN All rinhi roe-d INS°zs (200901) The ACORD name and logo are registered marks of ACORD s , 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 1. 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. APP,OVED A TO FORM Endorsement Number: N/A Policy Number: LCPKGO053902 J W ETCHER Named Insured: Vista del Verde Landscape, Inc. -IT TTORNEY This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 07-01-2010 00 GLO434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 with its permission i --ros A,COl&f CERTIFICATE OF LIABILITY INSURANCE DATE F7/13/2010) PRODUCER (559) 650-3555 FAX: (559) 650-3558 Landscape Contractors (Lic#0755906) Insurance Services, Inc. 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. 1835 N. Fine Avenue Fresno CA 93727 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Tower Select Ins Co/ 44300 Vista del Verde Landscape, Inc. INSURER B: Tower Group Companies 250 Fischer Avenue INSURER C. INSURER D Costa Mesa CA 92626 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTH E 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. INSR LTR DD'L NSRD -TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDNYYY POLICY EXPIRATION DATE MMIDDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY - PREMISES Ea occurrence $ CLAIMS MADE [ ]OCCUR MED EXP (Any one person) $ PERSONAL & ADV IN.URY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ PRO - T POLICY LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS App pVE AS R BODILY IN,AJRV SCHEDULED AUTOS (Per person) $ HIRED AUTO S BODILY INJURY NON-OWNEDAUTOS (Peramident) $ JO ' Y TT0 N5 PROPERTY DAMAGE I ? $ (Per accident) GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO EA ACC OTHER THAN $ AUTO ONLY. AGG $ EXCESSI UMBRELLA LIABILITY - EACH OCCURRENCE $ OCCUR F 1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION WCSTATU- OTH- X AND EMPLOYERS' LIABILITY T Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ? OFFICER)MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) NICC 0014543 00 7/1/2010 7/1/2011 E.L. DISEASE - EA EMPLOYE $ 1 000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: All landscape operations performed by or on behalf of the named insured. ***** Note a 10-day notice of cancellation will be given for non-payment of premiums or non-reporting of payroll *** - ? --m %-A1Vl.t LLA I IUIN City of Santa Ana Attn: Purchasing Dept 20 Civic Center Plaza Santa Ana, CA 92701-4010 SHOULD ANY OFTHE 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 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE D Cerkueira/KSAENZ `{--? M%-WMLJ LV 1LUVZ11U-I) I NS025 (200901) (01988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 1. SECTION If - 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: LCPKGO053902 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: 07-01-2010 00 GL0434 00 01 08 Includes copyrighted material of insurance Services Office, Inc Page 1 of 1 .with its permission