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HomeMy WebLinkAboutDMS FACILITY SERVICES, LLC 2C -2015City of Santa A. j Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with No. A -ac, 11` Hy was completed on (List all amendments. Use space below if needed.) P�---5L0l A- 1C11y� A-- 3� & I., SANTA ANA OF COUNCIL 1 and final payment has been made. Department: Phone/Exf.:a Signature: �111Ci t.t�l� Date: Revised 08-23-10 INSURANCE ON H11 WORK MAY PROCEED UNTIL INSU ANCE EXPIRES GI.ERKOFCOUNCII. DATE: THIRD AMENDMENT TO AGREEMENT THIS THIRD-AMENDMENT TO AGREEMENT is entered into this 17" day of February, 2015, by and between DMS Facility Services, LLC, a California limited liability company ( "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 A•2011.148, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 2. B. The parties amended said Agreement on June 4, 2012 and on January 22, 2014 to extend the Term and add Compensation. C. The City issued an RFP for landscape maintenance services on October 15, 2014. The proposals received were all rejected due to excessive cost estimates. D. The parties now wish to amend the Compensation and Term clauses of said Agreement again in order to analyze the situation and district boundaries and complete the Request for Proposals process again, E. The parties are also amending to comply with the now legal requirements of Senate Bill 7. 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 Third Amendment to Agreement, the parties agree as follows: Section 3, COMPENSATION', shall be amended and updated to include the following: c, City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 2, compensation in. the amount of $318,331.20, which includes a 10% contingency for unanticipated work needed, for die term of February 1, 2015 through January 31, 2016. d, Contractor agrees that it shall pay state prevailing gages to its employees performing landscape maintenance services to the City hereunder due to the passage of senate Bill 7. 2, Section 4•, TERM, shall be amended to include the following pertaining to District 2 landscape maintenance services: "The Term of this Agreement with regard to District 2, shall begin February 1, 2615, and terminate on January 31, 2016, unless terminated earlier in accordance with Section 13, below," 3. Except as hereinabove amended, all tents and conditions of said Agreement shall retain 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. Huszar [�CCL//�— Clerk of the Council APPROVED AS TO FORM: SONIA CARVAL.HO City Attorney By Lisa 5torck Assistant City Attorney CITY OF OF SANTA ANA I David Cavazos City Manager "CONTRACTOR" DMS FACILITY SERVICES, LLC Wed Go ales Vice Pre •dent m a_ rn LD W V O1 LP A W N W N O z w V m N A W N N O ro �V � K i � v w H Q fi � v O a v T o ry qG S lD 1 b n 'm O O O O oNr H �D to to O W W O 0� N J N W d DS1 N W M N N D b 0 0 IJi m 411 N A N O O In V J O W O Ot 0 0 4 O W O W O O O N � C O W w N N N N W W W N lWp OW1 A W W l0 m W A .� Q tlG W p0 In W lq l!1 W V Lo W W A V T N W O N lJt c O tT W w W N In 6 O WVn W W N W w A A V N bN n w W w lwD lNl1 IOp lNft N fT d W °'4 O WA W N W w A N w V W 1> !-' J W V VI h W bm S a J W O U W W N N 4D N VI lq W W O l0 J q1 A 01 W O1 O V l0 m a_ rn DMSFA•1 OP 10: KU CERTIFICATE OF LIABILITY INSURANCE ­BATE 02125100 5 42125!2415 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 I5 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 endorsements). PRODUCER Phone: 714-327-1400 Andreini & Company-South Coast Fax: 714.327 -1499 License 0208825 One MacArthur Place, Suite 100 South Coast Metro, CA 92707 NGUE"`T PHONE FAX atc ria,,x0_,. Atc Nol: EMAIL AoORES&:_.____ - - -__` OMITS _ INEURERISI AFFORDING COVERAGE NAICN — INSURER A: Liberty Mutual Fire II S. Co. 23035 —�_ INSURED DIMS Landscaping DIMS Facility Services, LLC 417 E. Huntington Drive INSURER et_ tNSURERC_ _ -- Monrovia, CA 91418 INSURER o: INSURER E : X COMMERCIAL GENERAL UASIUUT CLAIMS -MADE OX OCCUR _ INSURER P; 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. d_. INSR LTR TYPE OF INSURANCE MUM, - POLICY NUMBER OLICY EFF 2MITIRN—y—y—Y1 POLICY P AMKMR=M - - -__` OMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 A X COMMERCIAL GENERAL UASIUUT CLAIMS -MADE OX OCCUR X TB7 -Z91 -058727.015 03/01/2015 0310112015 _ pREMISES (Ea occurceryggj„ -__ $ 100,000 MED EXP (Any ane paraenl $ EXCLUDED PERSONAL &ACV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES P HU _ PRODUCTS - COMPIOP AGG S 21000,000 POLICY X PRO- — LOG LIABILITY COMBINED SINGLE LIMIT 1,000,000 00,000 A ANY AUTO A52 -Z91- 458727.025 03/01/2015 03/01/2018 BODILY INJURY(Per person) $ HAUTOMOBILE ALL OWNED x SCHEDULED AUTOS AUTOS BODILY INJURY(Peramdenq NON OWNS) HIRED R27r0S X jYep°a der�•iDRMAGE - UMBRELLA LIAB _ UR OCC Reviewed by. EACH OCCURRENCE "" 8 J—DED EXCESS LIAB CLAIMS -MADE AGGREGATE -" - -- S RETENTION$ 3 WORKERS COMPENSATION. AND EMPLOYERS'LIABLITY YIN OFFICERIMEM ER EXCLUDED? El ❑ NIA (('++" Silvia Cu r" WC STATU- OTH- ..� ciYU IT _....._....�_&.R m _ vas (Mandatary in NMI Ilmdliyy6 deacdtNunder PTIONOF OPERATIONS Uelow PRCSAIA min. � E1.6 SCEASE�EA EMPLOYE S EL DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS t LOCATIONS t VEHICLES (Atlech ACCRO 101, AddltlonO Ru..HIs &hedoi; if morn space is required) SEE ATTACHED HOLDER NOTES SANSAN1 City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92741 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 07 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SOI6785 A� CERTIFICATE OF LIABILITY INSURANCE DATE YI "R 2/20/2015 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 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 CONTACT NAME: Commercial Lines PHONE FAX 019, Na, BAY 888-572-2412 No): Wells Fargo Insurance Services USA, Inc. E-MAIL SS: certs @trinet.com 6100 Fairview Road _ INSURER(S)AFFORDING COVERAGE_ NAICM Charlotte, NC 28210 _� INSURERA ACE American Insurance Company 22667 INSURED INSURER B: Strategic Outsourcing, Inc. - - _ $ INSURER C: L /C /F DMS Facility Services, LLC dba DMS Facility INSURER D: Services, LLC - Landscaping Services, LLC INSURER E: INSURER F: PO Box 241448 / Charlotte, NC 28224 COVERAGES CERTIFICATE NUMBER: 8751678 REVISION NUMBER: See below 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. ILTR R TYPE OF INSURANCE INSU WVD POLICY NUMBER MMIDOmVV MMLOD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -- CLAIMS MADE j _ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence ) - _ $ MED EXP (Any one person) $ PERSONAL &ADV INJURY S GENERAL AGGREGATE $ GENLAGGREGATE LIMITAPPLIES PER POLICY [:] PRO- ❑ JECTOC Reviewed y PRODUCTS - COMP /OP AGG — _ $ OTHER $ AUTOMOBILE LIABILITY " COMBINED SINGLE LIMIT (Ea acct- -dent $ _ $ MANY AUTO BODILY INJURY (Per person) _ ALL OWNED SCHEDULED AUTOS - NON -OWNED HIRED AUTOS AUTOS — + ( -� O(iVlf� /`�+ /u�' PRCSH/Ad 1 v a`Sn `II rein ,./ t/ P9 $ S BODILY INJURY (Per accident) PROPERTY DAMAGE - SPer accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ AGGREGATE EXCESS LIAR CLAIMS -MADE $ H DEO RETENTION$ i $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE X WLRC48561116A 0310112015 03/01/2016 X STATUTE URH _ $ 1,000,000 -- E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? tMandatarylnNH) NIA EL. DISEASE - EA EMPLOYEE _ - S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT -I$ 1,000,000 DESCRIPTION OF OPERATIONS) LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Districts 1, 4 and 5 Park Landscape RFP Workers' Compensation Coverage is limited to employees leased to DMS Facility Services, LLC dba DMS Facility Services, LLC- Landscaping Services by Strategic Outsourcing, Inc. pursuant to the terms of a fully executed service agreement. CERTIFICATE HOLDER CANCELLATION City of Santa Ana AIM: Purchasing Department SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) DMS Facility Services, LLC, etal POLICY NUMBER: T87- 2914 5 8 7 27 -0 1 5 COMMERCIAL GENERAL LIABILITY CG 20100213 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE DEAD iT CAREFULLY. ADDITIONAL INSURED OWNERS, S i t . CONTRACTORS — SCrFD LED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or antaation s Locations Of Covered O ®ratians As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. 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 additional insured the person(s) or organizations) 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 S. With respect to the insurance afforded to these additional insureds, 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 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 location of the covered operations has been completed; or 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. 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. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Reviewed by: Silvia Cuevas PRCSA/Admin. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of Insurance: 1. Required by the contract or agreement; or Page 2 of 2 2. Available under the applicable Limits Insurance shown in the Declarations; whichever is less. This endorsement shall not increase applicable Limits of Insurance shown in Declarations. Reviewed by: Silvia Cuevas e -, PRCSAJAdmin. O Insurance Services office, Inc., 2012 of the the CG 20 10 04 13 DMS Facility Services, L-C, etat POLICY NUMBER: TB7 -791- 4 5 8 727 -01 5 COMMERCIAL GENERAL LIABILITY CG2 ®370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f' 1, 1; , , i 11', f t C:_ c:� w.. 111, i1 {wt A r__ r 00 � ro 1-j 11-4 f" .r t= 1 N ug, n r 7 , This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Descri tion Of Co m leted ® erations As specified in a written agreement which is signed in advance of the "occurrence' or offense for which the additional insured seeks coverage. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury" or .'your property damage" caused, in whole or by If coverage provided to the additional insured is "your work" at the location designated and a d required by a contract or agreement, the most we described in the Schedule of this endorsement will pay on behalf of the additional insured is the performed for that additional insured and amount of insurance: included in the "products- completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations, 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the Reviewed by: insurance afforded to such additional insured will not be broader than that which you are C�`� required by the contract or agreement to / _)1.,,.-°' provide for such additional insured. Silvia. Cuevas j'„ j v PRCSA /Admin. 4 (�i CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB7- 291455727 -015 insured: DMS Facility Services, LLC, etal Issued by Liberty Mutual Fire Ins. Co. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE MEAD IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: t:OMMERQJAL GENERAL LIABILITY G OVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organizavow. As specified in a written agreement which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. If you are obliqated under a written agreement to provide liability Insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured nn this policy, this policy will apply solely on the hnsis required by such written agreement and Paragraph a, Other Insurance of Section IV - Conditions will not apply. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other insurance of Section IV - Conditions will govern. However, this insurance Is excess over any other Insurance available to the additional insured forwhich it Is also covered as an additional insured by attachment of an endorsement to another policy providing coverage forlthe. same "Qrr,.rirrenr.e ", claim or "suit Reviewed by: Silvia Cuevas ---71y PRCSA /Admin. L` 24 20 42 1!3 '*y01-3 Liberty Munral lntPJranna. All rights reserved. Page r of t Includes copyrighted material of insurance Services Office, Inc., with its permission. Insured: DMS Facility Services, LLC, at al Policy Number: TB7 -Z91- 457727 -025 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY, Notice of Cancellation or Coverage Change Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART In the event of cancellation or material change that reduces orresh-icts the insurance afforded by the Coverage Port, we agree to mail prior written notice of cancellation or material change to the name and address shown in the schedule. Schedule Nbr. of days advance Name Address notice City of Santa Ana, Attn: Purchasing Dept, 20 Civic Center Plaza 30 its ofRcers, employees, agents and representatives Santa Ana, CA 92701 Reviewed by: Silvia Cuevas 5Y � PRCSA /Admin, / GL0200 Page I of 1 03 -92