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Home My WebLink AboutORANGE COUNTY CONTRACTORS SERVICES DBA ORANGE COUNTY MAILBOXES AND CONSTRUCTION 1b - 2012JUL � _ 4b SECOND AMENDMENT TO AGREEMENT A- 2012 -148 THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 2, 2012, by and between Orange County Contractors Services dba Orange County Mailboxes and Construction, a sole ownership entity ( "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 that certain Agreement N- 2010 -037, dated April 12, 2010, (hereinafter "said Agreement ") by which Contractor has provided general construction maintenance services. B. Said Agreement was amended on April 18, 2011, to extend the term and add compensation to pay for general construction services during the 2011 -2012 fiscal year. C. In accordance with the terms and conditions of said Agreement, the parties again desire to amend said Agreement to extend the term and increase compensation to pay for the provisions of 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, COMPENSATION, shall be deleted in its entirety and replaced with the following: a. Downtown Santa Ana maintenance services shall be charged on a time and material basis. The hourly rate of $60.00 shall cover costs, including labor, overhead, travel, mileage, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of material and concrete, etc. Special materials will be purchased by the Contractor only on authorization of the City Project Manager. Such special materials shall be charged at cost plus 10 %. Compensation for downtown Santa Ana maintenance services shall not exceed $25,000, during the 2012 /2013 fiscal year. Compensation for Public Works maintenance services shall be as agreed per Job Proposal prepared by Contractor and accepted by City. Total compensation shall not exceed $30,000 during the 2012/2013 fiscal year. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 2. Section 3 TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on April 12, 2010 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 12, below. The term may be extended for one additional one -year term upon the agreement of the parties." 1 01 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 City Attorney By: La a Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: r RAUL GODINEZ, Executive Director - PRCSA CITY OF SANTA ANA PAUL M. WALTERS City Manager ORANGE COUNTY CONTRACTORS SERVICES EDWARD SCHADE Owner ORANG29 OP ID: CH ^llk O CERTIFICATE OF LIABILITY INSURANCE DATE(M/YYYY) 06/0066D/12 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 holder is 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 714 - 577 -5800 Fullerton Insurance Service CDI #0596796 714 -447 -0011 1009 S. Placentia Avenue Fullerton, CA 92831 NAME: Carolyn Kamp = E>tt , 714- 577 -4517 ac No): 714 -447 -0011 E -MAIL ADDREss: cnh@fullertoninsurance.com INSURERS) AFFORDING COVERAGE NAIC # Brian Zenz Ins Agency, Inc INSURER A: Scottsdale Insurance 41297 INSURED Edward Schade & Jody Adams DBA Orange County Contractor INSURER 8: State Compensation Ins. Fund 35076 EACH OCCURRENCE $ 1,000,00 Services and Orange County INSURER C : X Mailboxes 18100 Kovac Drive #27 Huntington Beach, CA 92648 INSURER D: 05/27/12 INSURER E: PREMISES Ea occurrence $ 100,00 CLAIMS -MADE OCCUR 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 LTR TYPE OF INSURANCE L POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X CPS1518744 05/27/12 05/27/13 PREMISES Ea occurrence $ 100,00 CLAIMS -MADE OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 i GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP /OPAGG $ 1,000,00 X POLICY ',. PRO- LOC $ AUTOMOBILE LIABILITY Ea BIN :D SINGLE LIMIT $ 1,000,00 A ANY AUTO CPS1518744 05/27/12 05/27/13 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS . , BODILY INJURY ( Per accident ) $ X HIRED AUTOS X NOWNED TOS x PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB I CLAIMS -MADE - - AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X W'C STATU- OH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER E. L. EACH ACCIDENT $ 1,000,00 B ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? Fy N / A 1962458 -12 06 /01/12 06/01/13 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 (Mandatory in NH) If yes, describe under E. L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana, its Officers, employees, agents, volunteers and representatives are named as additional insureds as respects to the general liability policy limits per endorsement CG2033 attached to the policy with coverage primary per endorsement GLS -295 attached to the policy. A waiver of subrogation also applies per endorsement CG2404 attached to (cont'd pg 2) CITYOFS City of Santa Ana Public Works Agency 220 S. Daisy Ave. M-85 Santa Ana, CA 92702 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 U 19BU -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Scottsdale Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # CPS 1518744 relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives 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 an 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 cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given 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 5/27/2012 Policy # CPS 1518744 this endorsement form as a part of Issued to Orange County Contractor Services Named Insured Countersigned by /Z.Z Authonz Representative 160116