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HomeMy WebLinkAboutSERVICE FIRST CONTRACTORS DBA SERVICE 1ST 1B - 2012qDCity of Santa Ana Clerk of the Coun,- coic oabc-e use oMy AGREEMENT TERMINATION FORM j Please complete this form when the attached agreement and all 2(9 9 Fti amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements City OF SAN TA ANA have been satisfied prior to signing the termination form. C ERK OF COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. i The agreement with �l�?JYU1Q � !& No. � b i I— /9 ffg was completed on (List all amendments. Use space below if needed.) ft -apI1 -au9—o i A- 'g0la 6v3--0, I A--5Lai2)- lcj � Yh-o-Zo 14-0--�CjS' Revised: 01-07-16 I � and final payment has been made. Department: V} tA+U Phone/Ext.: (t Signature: fS A 0-�> t Ak4Cln Date: a hw Gt ERK C;tA 1 ? SECOND AMENDMENT TO SERVICE AGREEMENT ILE A-2012-033-01 / THIS SECOND AMENDMENT TO AGREEMENT is entered into on April 18, 2012, by ` and between Service First Contractors Network dba Service 1St, a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and a. existing under the Constitution and laws of the State of California ("City"). RECITALS: 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 1, SCOPE OF SERVICES, shall be amended to read in full as follows: "a. Contractor shall perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set in City Specifications, attached to said Agreement as Exhibit A. Additionally, Contractor shall provide maintenance and repair services for the fountain located at the Santa Ana Regional Transportation Center (SARTC). Said SARTC maintenance shall be performed on a weekly basis, and shall comply with the Specifications for maintenance and repair of the fountains in Downtown Santa Ana and the Civic Center. b. Contractor shall remove, re -install and seal all expansion joints throughout the Memorial Park Pool, as set forth in Exhibit A-1, attached hereto. All exhibits shall be incorporated by this reference." 2. Section 2a., 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: • Downtown Santa Ana and the Civic Center fountain maintenance - an annual fee of $27,900 based on the rates and charges identified in Contractor's Proposal, attached to said Agreement as Exhibit B; A. The parties entered into Agreement A-2011-249, dated November 7, 2011, (hereinafter "said Agreement") by which Contractor has provided fountain maintenance and repair services. B. By Amendment dated February 21, 2012, the Parties agreed to include maintenance services 4 for the fountain at the Santa Ana Regional Transportation Center ("SARTC"), and increase compensation to pay for the additional services. C. City obtained bids -for the removal, reinstallation and sealing of expansion joints in the pool at Memorial Park. Contractor submitted the lowest bid in response to the City's request. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to include the additional services required to repair the expansion joints at Memorial Park Pool. 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 1, SCOPE OF SERVICES, shall be amended to read in full as follows: "a. Contractor shall perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set in City Specifications, attached to said Agreement as Exhibit A. Additionally, Contractor shall provide maintenance and repair services for the fountain located at the Santa Ana Regional Transportation Center (SARTC). Said SARTC maintenance shall be performed on a weekly basis, and shall comply with the Specifications for maintenance and repair of the fountains in Downtown Santa Ana and the Civic Center. b. Contractor shall remove, re -install and seal all expansion joints throughout the Memorial Park Pool, as set forth in Exhibit A-1, attached hereto. All exhibits shall be incorporated by this reference." 2. Section 2a., 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: • Downtown Santa Ana and the Civic Center fountain maintenance - an annual fee of $27,900 based on the rates and charges identified in Contractor's Proposal, attached to said Agreement as Exhibit B; • SARTC fountain maintenance - an annual fee of $3,300.00; and • Memorial Park pool repair - $10, 93 5.90, as set forth in Exhibit A-1, attached hereto. The total sum to be expended under this Agreement shall not exceed $50,925.90, which includes a contingency for unanticipated work required during the term of said Agreement." 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 Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Interim City Attorney By: C Laur Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOU Executive Directo Parks, Recreation and Community Services Agency 7CIT OF SANTA ANA PAUL M. WALTERS Interim City Manager .K EXHIBIT A-1 MEMORIAL PARK POOL REPAIR SERVICE 1sT February 16, 2012 arl ailtt Service 1st / Commercial Pool Systems Name / Address City of Santa Ana Parks, Recreation & Community Services 220 South Daisy (M-92) Santa Ana, CA 9270 Attn: Kevin Eaton Estimate Date Estimate # 2/16/2012 4851 Customer Contact Information Terms I Customer P.O. I Due Date I Rep I Account # I Division I Net 30 I I 3/17/2012 CJ I CITYSA03 I JMP Item Description Qty Total (714) 573-2261 Service Location: Memorial Park 1. Proposal to remove and replaced 164' of underwater expansion joint as discussed on the job walk. 02-102 Deck O Seal Expansion Joint Replacement per Foot. 164 1,968.00 (Indicate color and sanded or non -sanded) Includes removal, backfill or backing rod installation and reinstallation. Volume Price Discount 2. Proposal to remove and replace all other underwater expansion joint material in pool. 02-102 Deck O Seal Expansion Joint Replacement per Foot. 1,074 8,967.90 (Indicate color and sanded or non -sanded) Includes removal, backfill or backing rod installation and reinstallation. 90 Day Warranty for Labor Only, Parts & Materials Covered Under the Manufactures Warranty.. Total S10,935.90 .)DUD t-acintac Ave. f -v Costa Mesa, CA 92626 Cont. Lic. # 556812 Signature Phone # Fax # E-mail (714) 573-2253 (714) 573-2261 pools@service-lst.com EXHIBIT A' Client#: 663174 SERVFIRSI ACORDT. CERTIFICATE OF LIABILITY INSURANCEDATE(MMJDO1YYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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, 12/10/2011 THIS CERTIFICATE IS ISSUED ASA 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 BY THE 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(ies) must be endorsed. If SU BROGATION 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 endorsement(s). PRODUCER -40 Hub International HUB Int'I Insurance Serv. Inc. 1091 North Shoreline Blvd 200 CONTACT NAME: Sara Pickens � ; 916-770-2914 FAX ,ate No: E-MALsara.picken hubintenaional.com INSURE 5 AFFORDING COVERAGE NAIC II Mountain View, CA 94043 INSURER A: Endurance American Specialty In 41718 INSURED LIC" Service First Contractors INSURER B: INSURER C: Network, DBA: Service First INSURER D 3505 Cadillac Ave Bldg F-9 s2,000,000 Costa Mesa, CA 92626 INSURER E: INSURER F: 11 1 COVERAGES CERTIFICATE NUMBER- oevecr^U Ll" 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 CONTRACTOR 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. TN—SR LTR TYPE OF INSURANCE ADO INSR UB POLICY NUMBER Nf�CY EFF APOU FJ(P LIMBS A GENERAL LIABILITY X ECCIOIO1141801 1111/2011 11/11/2012 s2,000,000 X COMMERCIAL GENERAL LIABILITY RE PREMISES aonenoe $50,000 err CLAIMS -MADE 5XI OCCUR MED EXP one person $5000 X BI/PD Ded:;2,500 PERSONAL &ADV INJURY s2:000,000 X1 CPUPL Ded: $2,500 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 32,000,000 X POLICY JEI O' Loc �CT CPUPL $2000000 AUTOMOBILE LIABILITY TOMSINED SIN LE LIMIT Ea aoddaM ANY AUTO BODILY INJURY Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIREDAUTOS NON OWNED AUTOS PROPERTY DAMAGE $ Peraccident A DMBRELLAUAB OCCUR EXS10101268901 1111/2011 11/11J2012 EACHOCCURRENCE $1000000 EXCESS LIAB CLAIMS -MADE AGGREGATE $1,000,000 DEC) I X I RETENTION $3 000 3 WORKERS COMPENSATION AND EMPLOYERS' LIABLrrY YIN APPROVED AS TO 1:,'Oj tm WC STgTU- DTH - ANY PROPRIETORIPARTNER/EXECUTNE OFFICERIMEMBER EXCLUDED? ❑ N I A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) It yes desalbe under ��.' / E.L. DISEASE -POLICY LIMIT IS DESCRIPTION OF OPERATIONS below ce y t Assists City ttorncv =� DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Ahach ACORD 101, Addibnal Remarks Schaduie, ■ more space Is required) additional certificate holder Parks, Recreation & Community Service Agency; Attn: Silvia Cuevas / City of Santa Ana, its officers, agents & employees are named as additional insureds with respects to liability arising out of the insured's operations per endorsement FEI-319-ECC-0708. *Primary Wording applies per attached endorsement. City of Santa Ana 26 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2010105) 1 Of 1 #S1435281/MI404866 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ® 11188-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered manes of ACO RD MV41 Service First, Service First Contractors Network, dba: EvIduranc Endorsement Number: 5 Automatic Additional Insured - Owners, Lessees or Contractors This endorsement, effective 11/11/2011 attaches to and forms a part of Policy Number ECC10101141801 This endorsement changes the Policy. Please read it. carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organisation: Any person(s) or organisations) whom the A'arned Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or urbanization shown in this Schedule is included as an insured, but. only with respect to that person's or organization's Acarious liability arising out of your ongoing operations performed for that insured. FEI-319-ECC-0708 A-aoiI-62g9 Service First, Service First Contractors Network, dba: Ei mance Endorsement Number. 14 Automatic Primary and Non -Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 11/11/2011, attaches to and firms a part of Policy Number ECC10101141801 . This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organisation: Any persou(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of , lied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work perforned by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. FEI-548-ECC-0708 AC"RL> CERTIFICATE OF LIABILITY INSURANCI DATE (MMIDD(MY) 12/2012016 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 BY THE 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 holderis an ADDITIONAL INSURED, the policy(ies) must 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 endorsement(s). PRODUCER I C2NTACT3OEY MONTGOMERY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE: FOR THE POLICY' PERIOD STATE FARM MUTUAL INSURANCE COMPANY -(PAHONE .Ext1„.714-526-7001 ialC. No):714-526-0348 Sti1Jc3Fa1yI1 1370 BREA ELVC? STE. 150 E-MAIL JO YMONTGOMERY.COM w FULLERTON, CA 92835 9 INSURERLS) AFFOROIMG COVERAGE ,_.... MAIC it NA W IMSURER a tate Farm Mutual Automobile Insurance Company 25178 INSURED SERVICE FIRST CONTRACTOR'S NETWORK INSURER B: : SERVICE FIRST � � INSURER __ ..,___ DAMAi RENTED 2510 N. GRAND AVENUE SUITE A 1I u� SANTA ANA 92705 LI D INSURER O : _ ...._ ..._ _. ...._..� .. INSURER E- CLAIMS -MADE OCCUR SCA I J+ INSURER P s 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. NOTVWITHSTANDING ANY REQUIREMENT, TERRA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WWITH 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 NINE BEEN REDUCED BY PAID CLAIMS. _ TYPE OF ...................____ .-.. . ... ,....._ .__..._. _... ....,,._.. .-..__.. _._ ......._....... ........._...-.__..._......... _ . _...,.._ ............. . ROLICY EPF POLICY EXP LIMITS ILTR AIN D ,l POLICY NUMBER IMMID MMIDW(YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE .m_. _........ 17 __ ..,___ DAMAi RENTED CLAIMS -MADE OCCUR PREMISES,(,Eaoacurrer„bcla. ff 44 MED E7tP la+iy orrye pecsonl-..._...... . .------..--------- I .... .. _ .._ ._.r - ... .. PERSONAL & ADV INJURY S _.—_.... ... _ .... „ .._ .. .._-.. GEN'L PER: AGGREGATE LIMIT APPLIES P a GENERALAGGREGATC $ .._..., Pot.1CY I 1PERcoiLOC _ PRODUCTS COMPIOP AGG OTHER: S A AUTOMOBILE LIABILITY � 133 3423-F09-76 _ 015107=16U015107=16iI 061071201770610712017COMBINED SINGLE LIMITEaacudemmi} � I000;000 ANY AUTOi ._ .....� ALL OWNED SCHEDULED BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ AUTOS __.. AUTOS NON-O%NED .�. _..._ 'ROPER7Y DAMAGE X ! HIRF0 AUTOS % AUTOS Il $ (Peracriaenl) _. .. _,_..............._ $ UMBRELLA LIAR I, � OCCUR --ill G EACH OCCURRENCE, S .W......,,._._ ..._.___...._......_�.�_ -- EXCESS CLAIMS-MADEV E1} y� AGGREGATES DED RETENTIONS $ WORKERS COMPENSATION WORKERS � AND EMPLOYERS' LIABILITY Y� � � ^� � � "'` �IN PER _ ER ANY PROPRIETORIPARTN ERIEKECUTlVE NIA E L EP.C)H ACCIDENT $ .__ ..... - _-_---____-. ......... OFFICERIMEMBER EXCLUDER? (Mandatory In NH) ,»,.,. e 11 L, DISEASE : EA. EMPLOYE=E S If yyes, dascdba tender It,� _._._. ' DE5CRIPTION OF OPERATIONS below �t^” E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedules, may be attathed it more space is rettuiredl CERTIFICATE HOLDER, ITS OFFICERS, AGENTS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED IN REGARDS TO AUTO LIABILITY 30 Day Notice of Cancellation (10 day notice for nen-payment of premium) UIcK I P,I^Ir.rA I t HULUEK t..AFMWsMILL A I Ivey CITY OF SANTA ANA ATTN: PRCSA 20 CIVIC CENTER PLAZA -M-23 SANTA ANA, CA 92701' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (0 1986-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (201'4101) The ACORD name and logo are registered' marks of ACORD 1001'486 132849.9 02-04-2014 JIHW Policy No,: 1333423FO975 6609 29 ake rawer SECTION 11 ADDITIONAL INSURED ENDORSEMENT I" Policy No.. 1333423FO975 Named Insured: SERVICE FIRST CONTRACTOR'S NETWORK DBA: SERVICE FIRST CITY OF SANTA ANA ATTN': PRCSA 20, CIVIC CENTER PLAZA -M-23 SANTA ANA, CA 92701 gevOt"d bN" CU 'J as fo-'0 WHO IS AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. Primary insurance, The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE -6609 Printed in U.S.A.