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HomeMy WebLinkAboutVISTA DEL VERDE LANDSCAPE, INC. 3B - 20131 15 X13 SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT g THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Vista del Verde Landscape, Inc., a California corporation (hereinafter "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 "). p RECITALS: S1 01 A. The parties entered into that certain Agreement # A- 2012 -113, dated June 4, 2012, n(hereinafter "said Agreement ") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District 3. B. The current Agreement is scheduled to terminate on June 30„ 2013. Contractor's proposal to r1 extend this Agreement under a new reduced scope was not acceptable. A Request for U Proposal will be released for District 3. C. To allow City time to release an RFP, Contractor has agreed to provide landscape maintenance services to District 3 pursuant to the Agreement through January 31, 2014. 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 3.a., 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, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed Three Hundred Seventy-Two Thousand Four Hundred Fifty -Three Dollars and Sixty - Nine Cents ($372,453.69), plus a ten percent (101%) contingency for unanticipated and emergency work, for a total not to exceed Four Hundred Nine Thousand Six Hundred Ninety - Nine Dollars and Six Cents ($409,699.06) during the term of this Agreement." 2. Section 4, TERM, shall be delete in its entirety and replaced with the following: "The Agreement shall commence on July 1, 2013 and terminate on January 31, 2014 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The Agreement is made pending the issuance of a Request for Proposals (RFP) and may not be renewed by either party." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: CITYIOF SANTA ANA C 1 le'" J /-A✓i zv�� MARIA D. HUIZAR 6J KEvrN&ROURKE Clerk of the Council InteriniCity Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA S ORCK Assistant City Attorney VISTA DEL VERDE EXHIBIT B FEE SCHEDULE N N CI Y R L 3 r T 16 O O m Z d __(a 77m c3 nm E _ ?pa3 mu' m Q, N o-4 a ^_ m 3 m- m ° r7r d H m 3 j -10 ° • z 3 c n ° Z N D a n 3 A Y D o" ° m 4 i ^ a �— Q K O O A yd m E w N ^ CN C fD Y £ O a N C w 3 a d ai Y c c. m O N 1 M Y M mi ii- @ -4N NN V �moA yoN Him'.. � l/�N �g$o8$m8io8G .cr � g S O W W x � ° Y Y c a 3 G d W t n Tn'8 e25a��S2wKo w Ul Y•RL fp co g N N W N N Y d N N O1 }p1 �pWy {np UI A V 8 OD Q Ch J N W O W Co p iv w_ A pp Op li OWW 1 1 � O OW1 00 li. C1 0 ; Y C pp W N m A Q r d y N 1C J Y F+ Ut O� N N N b G {p�D1 1p+� pOp ~D W O C N {tWpp AOV pQ� jNa tl,�p�+ '•'' G O A O Of N N N W W O Ol S d N d 0 O C 2 0 o o � o d �0t ^ 0 N 3 3 N O C O N r l V N Y O ° ^ Y y a CL a m Y � � s o n O .-r O � N ° n Y 3 .Y. CL N O m °" N m m N � 3 o c m O N A N I m ° a cm m 76 N N i SZ A _3 C ry 'jY' � N K N CL M � Y N �1• 1 O _ 1 •J» ° d T CL N Y n T O S C ^ n+jj•�' w r•e J M C y X r., 1 T 0 N 9 m T 0 zi N C G y� M 'U A� °® CERTIFICATE OF LIABILITY INSURANCE 7/3/20133 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: H 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 endorsemen s . PRODUCER Landscape Contractors (Lic #0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 N ME: N ACT Debbie Cerkueira _ vHONE -- — (559) 650 -3555 FAX (559)650 -]SEB E-MUL .dcerkusira@lcieinc. com INSURER(Sj AFFORDING COVER,IOE NAICN INSURERA:ARCH Insurance Company 1150 INSURED Vista del Verde Landscape, Inc. 250 Fischer Avenue A -, G05 Q - 113 Costa Mesa CA 92626 INSURER B: INSURER C: INSURER D: INSURER E:_______ E 1,000,000 INS RERF $ 100,000 COVERAGES CERTIFICATE NUMBER:13 -14 Plug & Auto 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, NOTIMTHSTANDINO 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. MTR TYPE OF INSURANCE ADOL POLICY NUMBER EFF L PO ICY EXP LIMBS Santa Ana, CA 92701 -4010 GENERAL LIABILITY D Cezkueira /RSAENZ EACH OCCURRENCE E 1,000,000 %:TSRi(RraT__ PREMISES (Es c l $ 100,000 A X COMMERCIAL GENERAL LIABILITY CLAa1SAMA0E ® OCCUR R LCPXGOOS3905 /1/2013 /1/2014 MED EXP (Any ore pe S 51000 PERSONAL 6 ADV INJURY $ 11000,000 X $1,000 PD DED GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LAUT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000,000 $ K POLICY PRO- LOC AUTOMOBILE LIABILITY EA InPE SINGLE UM 1,000,000 BODILY INJURY (Per nn,,nn) E A ALL OINNEO x SCHEDULED Ix ANY AUTO AUTOS AUTOS CPK00053905 /1/2017 /1/2014 BODILY INJURY {Pa acct ) $ PROPERTY ) E E HIRED AUTOS X AUTOS VMED Medical ems $ 5 000 UMBRELLA LIAR OCCUR FTJl 22 EACH OCCURRENCE S AGGREGATE 1 $ EXCESS LWB CccuR . �I+ CJ yO LAY DED I I RETENTION $ WORKERS COMPENSATION A I .� ' WC STATU- OTH- AND EMPLOYERS, LIABILITY ANY OFFICERAEIMSER EXCLUDED?ECUTtVEaI (Mundid ry in DESCRIPTION OF OPERATIONS below NIA �� I/1L E i I �j P` Want 01i(✓f` .1ty I, e' y E. L. EACH ACCIDENT E E.L. DISEASE - EA EMPLOYE E E.L. DISEASE -POLICY LIMIT E U> DESCRIPTION OF OPERATONS / LOCATIONS / VEHICLES (AR ACORD 104, AddmOdAl Rsmuxs ftMd , N A,Pfe s,.Ia I Wnd) RE: All landscape operations performed by or on behalf of the named insured. Primary Insurance /Non Contributory Blanket Additional insured per attached OOGLO434000108 & CO2010 07/04 4 CGO011207 City of Santa Ana, Its officers, agents 4 employers (Excluding Professional Liability) are named as additional insured. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) INS025(wia $)o, ®1988 -2040 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCR LED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation and Community Services AUTNORDEED REPRESENTATIVE Agency Attn Silvia Cuevas 26 Civic Center Plaza Santa Ana, CA 92701 -4010 ___...- D Cezkueira /RSAENZ ACORD 25 (2010105) INS025(wia $)o, ®1988 -2040 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 11 - 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 specked 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. Wth 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 :t 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: NIA Policy Number: LCPKGO053905 APPROVED AS TO FORM ISA Sr Att meY Assistant City / 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 -2013 00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with its permission POLICY NUMBER: LCPKGO053905 COMMERICAL GENERAL LIABILITY NAMED INSURED: Vista del Verde Landscape, Inc. CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSONS OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILTIY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Santa Anna, its officers, agents & employees (Excluding With respects to work performed @ All landscape operations Professional Liability) performed by or on behalf of the named 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 include as an addition insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply: This insurance does not apply to "bodily injury" or *property damage: occurring after: 1. All work, including materials, parts or equip -ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi -pal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement �ppgpVE� �S TO FORM SA E. SjO Assistant City Htt1 orne`l 3C CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 (3) The nature and location of any injury or damage arising out of the occurrence" or offense. b. If a claim is made or "suit" Is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit " and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claimer %uit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "Suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us In the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the an- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a'Suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. CG 00 01 12 07 4, Otter Insurance If other valid and collectible insurance is available to the insured for a Joss we cover under Cover- ages Aor Bof this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance Is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. be- low. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work "; (if) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (i "e) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) if the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A— Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an addi- tional insured by attachment of an en- dorsement. (2) When this insurance is excess, we will have no duty under Coverages Aor B to defend the insured against any 'suit" it any other insurer has a duty to defend the insured against that 'suit ". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rghts against all those other insurers. Fo?$ L'p,Slo S ` 'L�t� Pttorne�' /J © ISO Properties, Inc., 200 t 6 Ass \Stagy Page 11 of 16 ❑ 74SURED CCP AC6kbe CERTIFICATE OF LIABILITY INSURANCE �;3; 013 " 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: N the certificate holder is an ADDITIONAL INSURED, the pollcy(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 Landscape Contractors (Lic #0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 NAME: Debbie Cerkueira P"o "E (559) 650 -3555 T'F4t 101.(559)6504558 E'1°AIL.dcerkueira ®lcisine.com .._ INSURERLS) AFFORDING COVERAGE NAIC9 INSURERA:State CompeneationInsuranceFumd. 35076 INSURED Vista del Verde Landscape, Inc. ff 3 250 Fischer Avenue A a"' Costa Mesa CA 92626 INSURER 9: INSURER C:- _ INSURER D: INSURER E $ INSURER F: ,___ $ COVERAGES CERTIFICATE NUMBER:13 -14 NC 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 POLICY N M R POLICY EFF POLICY EYP LIMITS GENERAL ABILITY EACH OCCURRENCE $ PREMISES r ,___ $ COMMERCIAL GENERAL LIABILITY MED EXP An ona ) S CLAWS -MADE ❑ OCCUR PERSONAL& ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LEM IT APPLIES PER PRODUCTS - COMPIOP AGO S S POLICY PRO- LOC ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Pm pmson) i ANY AUTO BODILY INJURY (Per amaem) S ALL GINNED SCHEDULED AUTOS NON.OVMEO HIRED AUTOS AUTOS P�PERTV DPMA S S -- UMBRELLA LURI OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LAS CLAIMS.MADE DED RETENTIONS S A WORKERS COMPENSATION x WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER /FXECUTNE YIN OFFIOERAAEMBER EXCLUDED' F7 (Mandmaq in NH NIA g0- 509362 -13 /1/2013 (1/2034 EL EACH ACCIDENT S 1,000,000 EL DISEASE - EA EMPLOYEE S 1,000,000 El DISEASE - POLICY LIMIT S 11000,000 N= �'�wlN GeSCRIPTIUN OF IJPtHAIIUNS MW.v DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (AlImm ACORD 101, AddRb,Ml Remams Schedule. N mom span Is mquimd) R8: All landscape operations performed by or on behalf of the named insured. APYR�v�� AS Td FagI�I City of Santa Ana Parks & Recreation and Community Services Agency Atta Silvia Cuevas 26 Civic Center Plaza Santa Ana, CA 92701 -4010 ACORD 2512010!051 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 Cerkueira /r.SABNZ C 1888 -2010 ACORD CORPORATION. All rights reserved. INS025 (2Dio ) c+ The ACORD name and logo are registered marks of ACORD