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HomeMy WebLinkAboutORANGE COUNTY CONTRACTORS SERVICES DBA ORANGE COUNTY MAILBOXES AND CONSTRUCTION 1c - 2013INSURANCE ON FV A -2013 -095 tt WK MAY PROCEED 1' UNTIL INSU NCE EXPIRES CLERK OF COUNCIL DATE: AUG 2 2 2013 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 1, 2013, 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 chatter city and municipal F corporation organized and existing under the Constitution and laws of the State of California ("City"") s RECITALS: *� A. The parties entered into that certain Agreement N- 2010 -031, dated April 12, 2010, (hereinafter "said Agreement ") by which Contractor has provided general construction maintenance services. v 'a H. Said Agreement was amended on April 18, 2011, and again on July 2, 2012, to extend the term and add compensation to pay for general construction services during the extended term. 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 final one -year extension of said agreement. 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 2013/2014 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 2013/2014 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, 2014, unless terminated earlier in accordance with Section 12, below." 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 Third 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: GP, oj- ) �keC Laura Sheedy / Assistant City Attorney AL: Edwin "William' G ez, P.E. Interim Executive r hector Public Works Agency CITY O SANTA ANA KEVIN O'ROURKE Acting City Manager ORANGE COUNTY CONTRACTORS SERVICES EDWARD P SC.�� Owner ACORq CERTIFICATE OF LIABILITY INSURANCE DATE(MwUD/YYYY) 06/03/2013 PRODUCER 714.285.4800 FAX 714.285.4810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ZP Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2107 N. Broadway, Suite 108 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana„ CA 92706 rk 4.+v mnvn INSURERS AFFORDING COVERAGE NAIC # 18100 Kovacs Lane Ste 27 Huntington Beach, CA 92648 YV YL, {P'.V F V 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR N9 TYPE OF INSURANCE POUCYNUMBE0. p MNID DAIS MMIDDIYYYY LIMITS 220 S. Daisy Ave M -85 GENERAL WUMLITY NA105900100 05/27/2013 05/27/2014 EACH OCCURRENCE $ 1000,00 RAEM BE Ea aaurena S 100,00 X COMMERCIAL GENERAL LIABILITY MED EXP (Any We Paraw) S 5 , 00 r, CLAIMS MADE LXI OCCUR PERSONAL S ADV INJURY S .__ _ 11000,000 11000 , 00 A GENERAL AGGREGATE f 2,000,00 GENLAGGREGATEUMOoR APPLIES PER PRODUCTS - COMPIOPAGG S 2,000,00 X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S (Ea ANY AUTO �y ALL OWNED AUTOS Lrq/ I(I�r9)URYS 6CHEDULED AUT05 ! cc -.._ _ .....__. HIRED AUTOS Ye �' �� gP p -i� BODILY INJURY S NON -OWNED AUTOS S ( nySptY *SiiE:i:" (PROPERTMDAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO S AUTO ONLY AGO EXCESS! UMBRELLA LUmLITY EACH OCCURRENCE a AGGREGATE 3 OCCUR CLAIMS MADE S $ DEDUCTIBLE ____- $ RETENTION S WORKERSCOMPENSAWN SWC1024313 06/01/2013 06/01/2014 _ X TORY LI R AND EMPLOYER& LIABILITY ANY PROPMETORlPARTNEPJEXECUTNE YO EL EACH ACCIDENT S 1,DOO,AO E.L DISEASE-EA EMPLOYEE S B OFFICERIMEMBER EXCLUDED? (Mantlala,y in NH) E . L. DISEASE- POLICY LIMB — _1,000,00 S 1,000,00 Hyea,GSffR abler SPECIAL PROVISIONS balm OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENLIORSEMBNT1 SPECIAL PROVISIONS In the event of cancellation for Iron Payment, 10 days notice wil be issued. The certificate holder is included as an additional insured as per the attached endorsement, giver of Subrogation is included on the General Liability and Workers' Compensation. ACOKU LS (TUUSIUI j .-. .� ... - -.. .._.........�..— --- --- The ACORD name and logo are registered ma of CORD i� SNOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EKMRAT10N DATE THEREOF, THEISSUNG INSURER WILL ENDEAVOR TO MAUL *30 80iwFliTEN NOTICE TO THECERTURCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOM $0 SHALL City of Santa Ana IMPOSE No OBLIGATION OR LUIBWTY OF ANY HIND UPON THE INSURER, ITS AGENTS OR Public Works Agency 220 S. Daisy Ave M -85 REPRESS A IVES, AUTH REPAESEN nvE Santa Ana, CA 92702 ACOKU LS (TUUSIUI j .-. .� ... - -.. .._.........�..— --- --- The ACORD name and logo are registered ma of CORD i� THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CriaFnl u F Policy Number: NA105900100 Endorsement Effective: 5/27/2019 12:01 a.m, Named Insured Countersigned By: EDWARD MAKOTO SCHADE, DBA: ORANGE COUNTY CONTRACTOR SERVICES Jame of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment 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 site 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 intended use by any.person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your' refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished In connection with such work or operatlons. Primary Wording If required by written contract or agreement Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute ..-. to R. , Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 49 -0108 8711 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 y Used with permission ®Allstate. You're In good hands, CERTIFICATE OF INSURANCE Cl CW A01 1011 This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holden Named insured: CITY OF SANTA ANA, PUBLIC WORKS AGENCY EDWARD SCHADE 220 S DAISY AVE. M -85 1144 BRADFORD DR SANTA ANA, CA 92702 GLENDORA CA 91740 -5302 Automobile Liability Insurer Name: Allstate Insurance Company Po li Number. 648657348 1 — Any Auto 12 — Owned Autos Only 13 — Owned Priv. Pass. Autos Only 4 — Owned Autos Other Than Priv. Pass. Autos Only 5 — Owned Autos Subject to No Fault 6 — Owned Autos Subject to a Compulsory UM Law X 7 — Specifically Described Autos X 18 — Hired Autos Only X 19 — Nonowned Autos Only Policy Effective Date: 05 -23 -2013 1 Policy Expiration Date: 05 -23 -2014 Limits of $ 1,000,000 Combined Single Limit (each accident) Insurance: BI Per Person I BI Per Accident PD Per Accident Description of Operations/Locations/VehMes/Endorsoments/SpeciaI Provisions SILVER ENDORSEMENT WITH WAIVER OF SUBROGATION. INCLUDED IS HIRED AUTO AND NON OWNED AUTO. Interested Party Type: ADDITIONAL INSURED THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Cancellation In the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose any duty or liability upon the insurer, its agents or representatives, norwill it delay cancellation. Producer. CRYSTAL CLARK INSURANCE AGENCY Date: Authorized Representative: eu...... Cl CW A01 1011 Includes copyrighted material of Insurance Services Office, Inc., with its permission Allstate Insurance Company Insured Copy Page 1 of i VWRKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury, covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shail be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Any person or organization as required by written contract. $250.00 This endorsement changes the policy to which it is attached and Jr. effective on the date issued unless otherwise stated. Endorsement E ONO &1 -2013 POpayNo. SWC1024313 Endorsement No. VVCW306 Insured Orange County Contractor Services Premium s ` lnsurance Company Security National Insurance Company Countersigned by