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INSURANCE ON 1-LE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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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
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) by which Contractor has provided high-level landscape maintenance for the
02 Santa Ana Zoo at Prentice Park, pursuant to specific terms and conditions.
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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
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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
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AP ROVED A T RO
ERTY DAMAGE
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GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO
;?? OTHER THAN EA ACC $
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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
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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
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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
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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