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HomeMy WebLinkAboutMERCHANTS LANDSCAPE, INC. 1AAGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect 3 f=: Return form to the Deputy Clerk of the Council (M-30). Call 647-5237 if you have any questions. 4 The agreement with No. 4-o2007^ c7 9' (1) orb was completed on and final payment has been made. A�. �(��—��� � oq} Department: Signature:�Q Date: City of Santa Ana Clerk of the Council Revised 06-01-07 V0QMAYE9fOCEOPIRES L�NTILINSURANCEEX 8 OLERKOF COUNCIL Svcs. p'TPar0.'��"Pk~ (�% ,rs Cap' AMENDMENT TO AGREEMENT A-2007-139-01 THIS FIRST AMENDMENT TO AGREEMENT is entered into on November 6, 2007, between MERCHANTS 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 (hereinafter "City"). RECITALS: A. The parties entered into Agreement A-2007-139 dated June 18, 2007, hereinafter referred to as "said Agreement" by which Contractor provides high level park landscape maintenance. B. In accordance with the terms and conditions of said Agreement, the parties wish to include the amount provided for contingencies in the total contract amount, to pay for services during the term of the 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to add the ten percent contingency of $31,455.00, into the total contract amount, as follows: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A-1. The total sum to be expended under this Agreement, including a ten percent contingency amount, shall not exceed $346,004.00 during the term of this agreement. 2. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: PATRICIA E. MALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ¢— �,�, �� � ,/ rrSheedy Assistant City Attorney APPROVED AS TO CONTENT: GERARDO M U T Executive Directo Parks, Recreation and Community Services Agency CITY OF SANTA ANA DAVID N.. w City Manager MERCHANTS LANDSCAPE, INC. RK BRO WER President Tax ID# 95- g7aswo Z :ad E6:0T 80/TZ/80 MO.j ".1 -Z©G7- i 39�I .JACO M CERTIFICATE OF Landscape Contractors (Lic$0755906) Insurance Services, Inc. MS N. Fine Avenue Fresno, CA 93727 Merchants Landscape Services, Inc. 1190 Monterey Pass Road Monterey Park, CA 91754 LITY I INSURERS AFFORDING COVERAGE DATE awmal (YY) 06/23/2008 AAT'O FNN TIATE IXTEND OR YES BELOW. NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITK7N OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED MERSIN IS SUBJECT 70ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MA TYPE OF NWRAMIEI POLKlY NUMBER FOUCYIERMECTMEPOLKY gr/�O/2008 iAPIRY 07/DS/2009 � A GEMMALLIABIUTY )( COMMERGALGENERALLIABILITY CWMSNUDE ©OCCUR X XCU COVERAGE LCPKGO05780C EALNOCCURMEUCE s 1 000 00 DANAOETORENTED j SOO OO MEOEXPIAMMU MMM i 5 00 PERSONALEAOVIN JRY 5 11 000 DO X I S1, 000 PO DED GENEAALAGGREGATE i 2 000 00 GENL AGGREGATE LWITAPPLIES PER: X PoucY ,PIS( M Loc PROOLC8-COUP/OPAGB f 2.000.00C MROMOBILE X LIABILITY ANT A(N LCPK00057S00 07 01/2008 07/01/2009 couBNFo sMMB.E UMn NP=io-Ij i A X X ALL OWNED AUTOS SCHEDIAEDAT06 MREDAUT05 NON•OWNeC AUT(A BODILY INJURY (PIP Phew) i IiGD16Y NJURY (Pal YDtlFen1 i PROPERTY DAMAGE IPW mww%) i GARAGE LIsam ALTOCNLY-MA DENT f ANYAUTo DTNCRTHAN EAACC AUTO GMLY: AGO 6 i LEGESUMLRELLALIABLLITY OCCUR a "IdswDE EACH OCCURRENCE 6 AGGHEGA'(E i i DEC ABLE f FETEWOM S i WORKERS 0WIR SATON AMID WC AT4 OTM PR EMPLOYERS' DAYLITY AMVPROPRIETOWPARTHEWEXECVTWE OFFICEfEMEMBER EXCLUDEDt a y10 EPIL1ihe RMr SPECIAL PROVBICEi I E.L EACH AG:IOENT f E.L. DISEASE' EA EMPLOYE i E.L DISEASE - POLICY LIMB f OTKR OEfCR MOFOFERATOMBILWAnN IVFNICLESIEXCLUWGMB WBYE DOTIBEMLNTIePECML PROYL41d19 E: 20 Civic Center Plaza Santa Ana, CA 9270�2 lanket Additional Insured per Attached OOGLO4340DO108 WOULD ANY OF THE YPOYE OESC MPpLJCMBBEC•"^•IemE METRE E7PBIATION BYTE TMEBEOF, THEI�UNO INSURER WILL ENDEAVOR TO MRS. 30 GAr6 WRnTLN NOTICE TOTNF ®iTIfCATE HOLDER NAY®iO THELBT, City of Santa Ana BUT FAILLEE TO MAIL SUCH NOTICE SMALL WPM NO OBLIGATION OR LVALIT( 20 Civic Center Plaza of AMY KNDUMMi THE INMJRER. rrS AaENrs OIIRBPBFBBNfATNE9 Santa Ana, CA 92701 AlnxpMm RFPREaEYTATNE �. /' Cole CISR CPIW NETT ACORD 25 (20DIMS) OACORD OORPORATION 1988 I U E :ad c6: 8i W/IZ/80 moa,{ xe3 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 f. SECTION II " 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 spscfcally 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 specified in the contractor 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. With respects to the additional insured, this insurance does not apply to: 1. "Property Damage" to "your product" arising out of A 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 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' N/A Policy Number LCPKG0057800 Named Insured: Merchants Landscape Services, Inc. This endorsement is effective on the inception date of this policy unless otherwise stated herein. Endorsement Effective Date: 0710112008 00 GL0434 DO 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1 .with As permission ACORO" CERTIFICATE OF LIABILITY INSURANCE (mm/dd/yy) 73/10/2009 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company P y 245 S. Los Robles Ave., Suite 105 Pasadena, CA 91102 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COVERAGEINSURERS AFFMIDING INSURER Midwest Employers Casualty Company (626) 799-7000 0008309 www.boltonco.com INSURER Federal Insurance Company INSURER Insured Merchants Landscape Services, Inc. INSURER 1190 Monterey Pass Road Monterey Park CA 91754 INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE MMDAT DD YY EXPIRATION DDATE D YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIAB COVG. ELSEWHERE EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any oneperson) $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ GEN LAGGREGATE $ C' �'� L GEN'L AGG LIMIT APPLIES PER POLICY ROJECT LOC TS-COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO COVG. ELSEWHERE o I;.> pR COMBINED SINGLE LIMIT $ .y. JURY (Per person) BODILY INJURY er accident) $ $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOSit NON -OWNED AUTOS � - .,, _,... dy hele AtL OZ t-� lLy PROPERTY DAMAGE "� n> (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS LIABILITY OCCUR F-1 CLAIMS MADE COVG. ELSEWHERE EACH OCCURRENCE $ _ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS' COMPENSATION & EMPLOYERS' LIABILITY EWC008280 3/1/2009 3/1/2010 STATUTORY LIMIT I IOTHER EL EACH ACCIDENT _ $ 1,000,000 Excess WC (CA) EL DISEASE - EA EMPLOYEE $ to 0,000 EL DISEASE - POLICY LIMIT $ 1,000,000 Employee TheftLimit: e . Forgery DEStRIPTION OF OPERATIONL ADDED BY EN Workers Comp is Self -Insured under California Certificate of Consent to Self Insure #03-1-1793-01 for CA operations. Job: City Parks Santa Ana, CA. CERTIFICATE HOLDER CANCELLATION MLS CA, City Parks Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana Attn: Clerk of the City Council 20 Civic Center Plaza Santa Ana, CA 92701 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL *30 _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- SENTATIVES. ' 10 Days for Non -Payment of Premium. AUTHORIZED REPRESENTATIVE Cheryl Feia ACORD 25-S (7/97) 0 ACORD CORPORATION 1988 CERT NO.: 4590417 CLIENT CODE: MERCH-1 Bolton Certificate Processing 3/10/2009 3:17:55 AM Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www.e CertsONLINE.com CERT NO.: 4590417 CLIENT CODE: MERCN-1 Bolton Certificate Processing 3/10/2009 3:17:55 AM Page 2 of 2