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HomeMy WebLinkAboutLANDSCAPE WEST MANAGEMENT SERVICES, INC. (4)z�IUANCE ON FILE MAY 2 7 202lvr"ORY, MAY PROCEED UNTIL INSURANCE EXPIRES MAYOR (0 Vicente Sarmie ERK OF COUNCIL MAYOR PRO TE9 David PenalozaDATE! COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza e P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.om April 23, 2021 Landscape West Management Services, Inc. Attn: Michael Garibay, President 1234 N. Blue Gum St. Anaheim, CA 92806 A-2019-103-01 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Re: Extension of Agreement No. A-2019-103 for Landscape Maintenance Services Dear Mr. Garibay: Pursuant to Section 3 ('Term") of the above -referenced Agreement, entered into by Landscape West Management Services, Inc., and the City of Santa Ana, dated July 2, 2019, and as amended, the term of the Agreement is hereby extended for an additional two (2) year period from July 1, 2021 through June 30, 2023. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement, as amended, remain unchanged and in full force and effect. Sincerely, fj�i; , §L Nabil Saba, P.E. Executive Director, Public Works Agency CITY OF SANTA ANA Kristin���s/ City Manager APPROVED AS TO FORM Jo M.Funk Senior Assistant City Attorney Gomez of the Council LANDSCAPE WEST MANAGEMENT Name: ^, r4 / 67A,"la-7, Title: SANTA ANA CITY COUNCIL Vicente Sariemo David Penaloea Thai Viet Phan Jessie Lopez Phil Bacena Johnston Ryan Hernandez lashes Mendoea Mayor Mayor Pm To., Ward 2 Word Word3 Ward Want Want asien ientohlsaniaana.om doenab,idsantai orh tobanfdsana-anaom hissieloovfliants chi obacena(olsanlaana om irvanhemandeeoa.nlaanaom riaord.ehiMancei Digitally signed 6y Francine 0. Francine R. Villareal vile —I LAND800 Date: 2n2tnaUP1D"IM 14000M0' CERTIFICATE OF LIABILITY INSURANCE DA03/2412021Y) 03/24/2021 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 have ADDITIONAL INSURED provisions or 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 310.5424600 High Ground Insurance Services 2377 Crenshaw Blvd, #304 Torrance, CA 90501 Christopher Cordill NAarACT Christopher Cordill PHONE 310-542-4600 F^X 310-542.8400 (aC, No, Eat): ac. No ADroRIE .ccor I unite agencies.com INSURER a AFFORDING COVERAGE NAIC R INSURER A: THE HARTFORD 11000 INSURED Landscape West Mgmt Svcs, Inc. 1234 North Blue Gum Street Anaheim, CA 92806 INSURER B: Technology Insurance Co. 42376 INSURER C: INSURER D NSURER E NSURER F COVERAGES CERTIFICATE NIIMRER- DevlelnM klllkenco. .......... .........�,.. 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. II To NSR TYPE OF INSURANCE AFDDL UBR POLICY POLICYEFF POLICY EXPNSD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X 72UUNOK7437 04/01/2021 04/01/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDens Me 300,00PREMISES 0 MED EXP (Anyoneperson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY jEa LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMP/OP AGO $ 21000,000 Emp Ben. $ 0 OTHER: A AUTOMOBILE LIABILITY EOMBINdED SINGLE LIMIT 1,000,000 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS 72UUNOK7437 04101/2021 04/01/2022 BODILY INJURY Per rson $ BODILY INJURY Per accident $ X Perr..ident AMAGE $ AUTOS ONLY X AUTOS ONLY A X UMBRELLALIAB OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAR CLAIMS -MADE 72HHUOK7438 04/01/2021 04/01/2022 DED RETENTION$ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe antler DESCRIPTION OF OPERATIONS below N I A X TWC3917807 10/11/2020 10/11/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - CA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Right of Way and Median Landscape Maintenance Services RFP#19-016 *** See Holder Notes attached for additional information **** City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 ACORD 25 (2016103) CITSAN3 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 -�,,.�(,, Risk geRlenfDtNelon "� REVIEWED 6 APPROVED, Br. ©1988.2015 ACIDRD C Ig;�ltl�l�'���1,""' F44*rri," R, VaLvl Aj The ACORD name and logo are registered marks of ACORD Risk Management Analyst NOTEPAD ty of San pd onttat Y IN hi co iver s�ubr HOLDER CODE CITSAN3 INSURED'S NAME landscape West Mgmt Svcs, Inc. a Ana, it's Officers Em joye s Agents, Volunteers ves are, InC luded as AdElcio onag Insured Inrespects t an regUlretl 6y wVritte co�tract �er policy form HO era iotisisrincltde d 19on- nt n p for g 1 9 per policy form k 99 04 10B. L AND800 OP ID: KC 1e091 PAGE 2 D.W 03/24/2021 RlVSWrD 6 APPROVED Br. F cnc:r.e Z V:CLt. Risk Management Analyst REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2019 TITLE: APPROVE AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC., FOR RIGHT-OF-WAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES IN AN AMOUNT NOT TO EXCEED $770,000 (STRATEGIC PLAN NO. 6, 1C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 21d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Landscape West Management Services, Inc., for Right -of -Way and Median Landscape Maintenance Services, for the two-year period beginning July 2, 2019, and expiring on June 30, 2021, with a provision for two, two- year renewal options exercisable by the City Manager and City Attorney, in an amount of $700,000 with a 10% contingency of $70,000 for a total amount not to exceed $770,000, subject to non - substantive changes approved by the City Manager and City Attorney. The agreement will be paid with Special Gas Tax Funds. DISCUSSION The Public Works Agency Maintenance Services Division is responsible for the maintenance of right- of-way and landscape maintenance of all the street medians, linear parks, neighborhood entry areas and arterial sidewalk areas citywide. The services include, but are not limited to, mowing, weed mitigation and removal, trash removal and disposal, and irrigation system maintenance. On May 2, 2019, the Public Works Agency issued a Request for Proposal (RFP) for qualified firms to provide right-of-way and median landscape maintenance service for the Maintenance Services Division. The Notice Inviting Bids was advertised on May 2, 2019, on the City's online bid management and publication system, with the bids due on May 30, 2019. A summary of the bid invitation and bids received is as follows: 33 Vendors were notified 1 Santa Ana vendor was notified 25 Vendors downloaded the bid packet 6 Bids received 1 Bid received from Santa Ana vendor 25F-1 Agreement with Landscape West Management Services, Inc. July 2, 2019 Page 2 A team comprised of representatives from various City divisions, including representatives from the Public Works Maintenance Services Division, Public Works Water Resources Division, and the Parks, Recreation and Community Services Agency, evaluated the six proposals received. The criteria used in the evaluation included phasing approach, equipment, employee training program, ability to meet performance on schedule, company experience and reputation, and competiveness of the fees. One of the six proposals was unable to meet the Scope of Work required in the Request for Proposal and was determined unresponsive, and was not considered in the final evaluation process. The table below summarizes the results of the five proposals with the maximum rating score of 400 points: RANK PROPOSER TOTAL RATING FEE SCORE PROPOSAL 1 Landscape West Management Services, 336 $700,000 Inc. Anaheim 2 Master Landscape & Maintenance, Inc. 334 $900,000 (Westminster) 3 Swa serLandsca es Carson 309 $677,782 4 GreenTech Landscape Inc. Whittier 272.5 $698,000 5 Quality Sprayers, Inc. Anaheim 258 $649,600 The evaluation committee determined that Landscape West Management Services, Inc., was the top proposer and received the highest overall rating due to a top-quality proposal presentation, maintenance implementation plan, emphasis on customer service, fee competitiveness, and overall responsiveness to the RFP. Landscape West Management Services, Inc., has provided right-of- way and median landscape services for over six years, and services several surrounding cities, including the Cities of Mission Viejo, Laguna Niguel, and La Puente. They have committed to concentrating their hiring efforts in Santa Ana first, and will to utilize Santa Ana vendors for purchasing equipment and materials when feasible. Based on the information provided in the proposal and phone interview, it has been determined that Landscape West Management Services, Inc., will provide the best quality service at the minimum cost to the City. Once it was determined that Landscape West was the best proposer, staff entered into negotiations and they reduced their proposal by $9,500, which is 1.5% less. Staff conducted a reference check and other cities confirmed that Landscape West has met their performance goals. Staff has included quality control measures into the scope of service to ensure service compliance. The contractor is also committed to assisting the City in remediating the impacts associated with homelessness in Santa Ana by removing associated debris and rubbish within the right-of-way throughout our community. The contractor will also be able to provide additional sustainable landscape services including installation of synthetic turf in medians, as funding becomes available. Therefore, it is recommended that City Council approve the recommended action. The recommended action includes a ten percent contingency of $70,000 for the cost of extraordinary maintenance due to unforeseen vehicle accidents and vandalism to maintenance equipment, median backflows, and other similar devices. 25F-2 Agreement with July 2, 2019 Page 3 Landscape West Management Services, Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted for expenditure in Public Works Agency, Special Gas Tax Median Landscaping account (No. 02917635-62320) and will be budgeted in subsequent fiscal years. Funds will be spent according to the spending plan below: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account Number Account Descri bon AGREEMENT 2-YEAR TERM FY19-20 02917635-62320 Special Gas Tax Median Landscaping, $770,000 Maintenance & Repair Buildings & Grounds FY20-21 02917635-62320 Special Gas Tax Median Landscaping, $770,000 Maintenance & Repair Buildings & Grounds OPTIONAL EXTENSIONS FY21-22 02917635-62320 Special Gas Tax Median Landscaping, $770,000 Maintenance & Repair Buildings & Grounds FY22-23 02917635-62320 Special Gas Tax Median Landscaping, $770,000 Maintenance & Repair Buildings & Grounds FY23-24 02917635-62320 Special Gas Tax Median Landscaping, $770,000 Maintenance & Repair Buildings & Grounds FY24-25 02917635-62320 Special Gas Tax Median Landscaping, $770,000 Maintenance & Repair Buildings & Grounds TOTAL $4,620,000 25F-3 Agreement with Landscape West Management Services, Inc. July 2, 2019 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: P Otiy'-r+.a Fuad S. Sw iss, PE, PLS Kathryn D now s, CPA Executive Di ector Executive Director Public Work Agency Finance & Management Services Agency FSS/PG/DM Exhibit 1: Agreement 25F-4 A-2019.103 INSURANCE NQi' ON FILE WORK MAY Nff PROCEED CLERK OF COUNCIL DATE: JUL 2 2 2019 ® WA(-) AGREEMENT TO PROVIDE RIGHT OF WAY AND MEDIAN LANDSCAPE, MAINTENANCE SERVICES DaN4al /1AlcovWH1S AGREEMENT is trade and entered, into this god day of July, 2019 by and between Landscape West Management Services; Inc. ("Contractor" ), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution: and laws ofthe State of California ("City"). RECTTAMS A. On May 2, 2019, the City issued Request for Proposal No. 19-016, by which, it sought a contractor to provide right-of-way and median landscape maintenanco services for the Malatenanco Services Division of the City's Public Works Agency, M Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No.19-016 and addendum thereto. C. in undertaking the performance of this Agreement, Contractor represents that it .is knowledgeable in its 5eld and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting fum in the Held. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows, 1.. ' SCOPE OT SERVICES Contractor shall pet*rm the services that were described in the scope of work that was included in RFP No.19-016 and addendum thereto, and that is attached as Exhibit A. Contractor's proposal is incorporated in full by reference herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total annual sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $770,000, This scut is comprised of (1) the base amount of $700,000 and (2) a 10% contingency in the amount of $70,000 for additional services at the City s sole discretion, b. Payment by City shall be made within forty-five (0) 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 and Scope of Work, which may reasonably be expected by City. page 1 of 8 3. 'ITMM This Agreement shall commence on the date first written above and terminate on Brute 30, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two 2-year periods upon a writing executed by the City Manager and. City Attorney. 4. PREVATLING- WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et scq., and 1770, et seq., as well as California Code of Regulaticus, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on `°public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "rnaintenanca" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to Hilly comply with such Prevailing Wage Laws, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDiEPE"ENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement, however, the services to be provided by Contractor shall be provided in a mariner consistent with all applicable standards and regulations governing such services, Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes rolating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF wATERIALs This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"), Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Doeurnents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to liconso any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City, City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Pago 2 of 8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shalt maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability :insurance. Contractor shall inaiatain commercial general liability insurance naming the City, its officers, employees, agents, volmnteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, Including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, .including, without limitation, acts Involving vehicles. The amounts of Insurance shall be not less than the following; single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage,, in the total amount of $1,000,000 per Occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insuied(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (o) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with, a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -awned automobiles. C. Worker's Compensation Insurance, 'In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be Insured against Liability for .worker's compensation or to undertake self-insurance. Prior to cominericir3g the performance of the work under tWa Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an arolutect or onginear: Professional liability (errors and omissions) insurance, with a combined single limit of not Iess than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance.to be provided by Contractor pursuant to this section; (1) Contractor shall maintain all insurance required above in fiill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City noon execution of this Agreement and shall be approved by the City. (III) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City, (iv) Contractor shall supply City with a fully executed additional insured endorsement. Page 3 of 8 If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to firmish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Suoh termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of Insurance by the City. 8, INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (I ) for personal injury, damages, just compensation, restitution, judioial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section i of this Agreement, and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising frorn this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including: fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal.injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reasonn of the teens of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 27818, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain. to, or relate to the negligence recllessness, or willful misconduct of the Contractor. 9. INTELLECICTAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify aid hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor sball keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain. complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 4 of 8 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours, Contractor shalt allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. COSdMENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not we or disclose such information except in the performance of this Agreement, and further agrees to exercise the saute degree of care it uses to protect its own information of like importance, but is no event less than reasonable care. "Confidential lnformation" shall include all nonpublic information, Confidential information includes not only written information, but also in transferred orally, visually, electronically, or by other means. Confidential information disclosed to either patty by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in pubholy available sources; (b) is, through no fault of the Contractor disclosed in a publicly available serve; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CON MUCT OF INTEREST CLAUS:F Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demarrd, delivery, or other oommunication pursuant to this Agreement shall be in writing and shall be (teemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in tho manner provided in this Section, to tite following persons. To City,. Clerk of the City Coutroil City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1998 Santa Ana, CA 92902-1,988 Executive Director Public Works Agency City of Santa Ana Pace 5 of a 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Landscape West Managoment Services, Inc, 1234North..Blue Gum Street Anaheim, CA 92806 Attn: Michael Garibay, President A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication. shall be effeetve or deemed to have been given three (3) days after it has been deposited in the United States rural, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, oornmunication shall be effective or deemed to have been given twenty-four (24) hours after the time yet Forth on the transmission report issued by the transmitting facshmile machine, addressed as set forth above. For purposes of calculating these thneframes, weekends, federal, state, County or City holidays shall be excluded, 14, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agi"tnent and any attachments hereto, the terms of this Agreement sball prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. Theparties agree that anytenms or conditions of anypurchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, prornises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure (he specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be comidemd null and void, Nothing in this Agreement shalt be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or rernedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not Page 6 of 8 similar, nor shall any waiver constitute a continuing waiver unless the writing so speeitxes. :17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of ternnation, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City`s use thereof for such purposes as the City deems appropriate. b. Payment aced not he made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 18. NON-DISCRIM-INATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment relate( activities or in connection with any activities render this Agreement. Contractor affirms that it is an equal oppottonity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and onforeeme nt of any of the clanses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, Calftnia, shall be the venue .for any action or proceeding that may be brought or arise ouit of, in ooaneotion with or by reason of this Agreement, 20. PROFESSIONAL LICENSES Contractor shall, throughautt the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the servi"a hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govemmetrtal agencies. Contractor shall notify the City immediately slid in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 7 of 8 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below.has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, Inel.d by the signatory or is withdrawn. b. All exhibits reterenoed herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, K orvia Mitre Acting Clerk of the Council APPROVED AS TO FORM SONIA. R. CARVAL140 City Attorney BY: z .. J111MIQUI c Assistant City Attorney RRVOMMENDEItFO APPROVAL Fu Sweiss, PE, PLS R,xecuti e Director Public o2s Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR Name. MieV,aei &Man Title: fomdw+ Page 8 of 8 `- N-2019-195 COPY SEP 2 ] 2019RST AMENDMENT TO AGREEMENT TO PROVIDE RIGHT OF WAY AND MEDIAN LANDSCAPE MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September z�r , 2019, by and between Landscape Nest Management Services, Inc. ("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 Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency (`Agreement'). The original term of the Agreement is for two years, and the Agreement remains in effect through June 30, 2021, with provision for extension- B. The parties wish to amend the Agreement to increase the scope of services and the amount expended under the Agreement to cover debris removal services on an on -call basis in order to address the impacts of homelessness. The Parties therefore agree: I. Section 1, Scope of Services, is amended to include debris removal and homeless encampment clean-up services on an on -call basis, as described in Exhibit A-1 to this First Amendment. 2. Section 2, is amended to increase the not -to -exceed expenditure under the r O-WUutcta tram t ru,uuu to � t,u_u,ex U for the one-year tern ending on June 30, 2020, to include the rates and charges identified. in Exhibit B-1. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA DAISY GOvTEz KRISTINE RfDGE�— Clerk of the Council City Manager --signatures continued on next page-- PaV t of 2 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 9/I11°21 CLERK OF COUNCIL DATE' A-2020-095 THIS SECOND AMENDMENT to the above -referenced agreement is entered into on May 5, 2020, by and between Landscape West Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution oN and laws of the State of California ("City"). N o RECITAL A. The parties entered into Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ("Agreement"). B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement to cover debris removal services on an on -call basis in order to address the impacts of homelessness. C. The original term of the Agreement is for two years, and the Agreement remains in effect through June 30, 2021, with provision for extension. D. The parties now wish to further amend the Agreement to increase the amount to be expended under the Agreement. The Parties therefore agree: 1. Section 2, Compensation, is amended to increase the not -to -exceed. expenditure under the Agreement by $35,000, from $1,020,000 to $1,055,000, for the one-year term ending on June 30, 2020. 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA Z a��' ISQ, �•Daisy Gomez KnneRidge ��— City Manager —signatures continued on next page -- Page 1 of 2 APPROVED AS TO FORM SoniaR. Carvalho City Attorney By: 7Y,, -f.L JoWn M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL "k � G L1 C. Nabil Saba Executive Director Public Works Agency Page 2 of 2 CONTRACTOR Zvi Name: µ(2 ce Title: t'l ' A-2020-248 1 31 F� J�C 2 WAND MEDIAN LANDSCAPE MAINTENANCE SERVICES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on December 1, 2020, by and between Landscape West Management Services, Inc. ("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 Agreement No. A-2019-103, dated July 2, 2019, by which Contractor agreed to provide right-of-way and median landscape maintenance services for the Maintenance Services Division of the Public Works Agency ("Agreement"). B. On September 26, 2019, the parties entered into First Amendment No. N-2019-195 to increase the scope of services and the amount expended under the Agreement for the period ending June 30, 2020. C. On May 5, 2020, the parties entered into Second Amendment No. A-2020-095 to further increase the amount expended under the Agreement for the period ending June 30, 2020. D. The original term of the Agreement is for two years, and the Agreement remains in effect through June 30, 2021, with provision for extension. E. The parties now wish to further amend the Agreement to increase the amount to be expended under the Agreement. The Parties therefore agree: Section 2, Compensation, is amended to increase the annual sum to be expended under the remaining term of the Agreement, including any extension periods, from $770,000 to $1,020,000. 2. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST 4,Da isy Gomez�n" erk of the Council CITY OF SANTA ANA -:�a_ �,V_ Kristine Ridge City Manager Page 1 of 2 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Iw. -fM-IL John M.Funk Assistant City Attorney FOR APPROVAL t —'ka ht— Nabil Saba Executive Director Public Works Agency CONTRACTOR �Pl�.i trs .Ln� O Name: jq,cd,.j Czrurrb�,y Title: `jar oS,dew 1 Page 2 of 2 LAND800OP ID: KC Ejhjubmmz!tjhofe! DATE (MM/DD/YYYY) Bohjf! CERTIFICATE OF LIABILITY INSURANCE 03/30/2022 cz!Bohjf! THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIES Bdfwfep! BELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.Bdfwf Ebuf;! IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)musthaveADDITIONALINSUREDprovisionsorbeendorsed. IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementon 3133/15/12! this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT 310-542-4600Christopher Cordill PRODUCER NAME: ep 26;16;61!.18(11( High Ground Insurance Services PHONEFAX 310-542-4600310-542-8400 (A/C, No, Ext):(A/C, No): 2377 Crenshaw Blvd, #304 E-MAIL Torrance, CA 90501 ccordill@unitedagencies.com ADDRESS: Christopher Cordill INSURER(S) AFFORDING COVERAGENAIC # 29424 Hartford Casualty Insurance Co INSURER A : Preferred Professional Ins Co36234 INSURED INSURER B : Landscape West Mgmt Svcs, Inc. 1234 North Blue Gum Street INSURER C : Anaheim, CA 92806 INSURER D : INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 300,000 CLAIMS-MADEOCCUR X 72UUNOK7437 04/01/202204/01/2023 $ PREMISES (Ea occurrence) X Deductible $05,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 XX POLICYLOC PRODUCTS - COMP/OP AGG$ JECT Emp Ben.0 OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO 72UENOL9302 04/01/202204/01/2023 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 2,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ 72HHUOK7438 04/01/202204/01/20232,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ 0 DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION B X STATUTEER AND EMPLOYERS' LIABILITY Y / N ON1187201 10/11/202110/11/20221,000,000 X ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A Y OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Right of Way and Median Landscape Maintenance Services RFP#19-016 **** See Holder Notes attached for additional information **** CERTIFICATE HOLDERCANCELLATION CITSAN3 SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LAND800 PAGE CITSAN3 2 HOLDER CODE NOTEPAD: OP ID: KC INSURED'S NAMEDate Landscape West Mgmt Svcs, Inc. 03/30/2022 City of Santa Ana, it's Officers, Employees, Agents, Volunteers and Representatives are included as Additional Insured inrespects to General Liability when required by written contract per policy form HG 00 01 09 16. This coverage is Primary and Non-Contributory. Waiver Subrogration is included per policy form WC 99 04 10B.