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HomeMy WebLinkAboutMERCHANTS LANDSCAPE SERVICES 2CCity of Santa Ana Clerk of the Council ° AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. ` I PH r. Return form to the Clerk of the Council Office (M -30). Call 647 -5268 if you have any questions. ; The agreement with '� N j ,� ,n, Q �q pe to � t,, e , V—[ �vm � its. J�L� ,�; L� No. _ �2) was completed on 1 11 and final payment has been made. Department: i4 -200C1 -YI () ('4� Phone /Ext.: Ift' ®ZO O-O -Ia PC) Revised 07 -23 -07 Signature: 8KL& Date: U131 I g A- 2010 -098 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLE 7 /COUNCIL ngr: 2(o /p HIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into as of this day of414, 2010, between MERCHANTS LANDSCAPE SERVICES, 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- 2009 -053 dated May 18, 2009, (the "Agreement ") by which Contractor provides certain park and landscape maintenance services at various locations in the City of Santa Ana, as amended. B. The parties wish to further amend the Scope of Services and Compensation 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: Section I, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 2, excluding the Santa Ana Stadium and Civic Center but including El Salvador Park, as set forth in City's Request for Proposal 09 -006, dated February 27, 2009, incorporated by reference to this Agreement, the Specification for Routine Maintenance, attached hereto as Exhibit A, and Contractor's Proposal dated April 6, 2009, attached hereto as Exhibit B. Said maintenance includes the baseball /softball diamond maintenance, which Contractor has subcontracted to Major League Softball. Notwithstanding the foregoing, Contractor shall include the Santa Ana Stadium and Civic Center within the services covered by this Agreement for the months of October and November 2009, unless as otherwise amended. 2. Section 2.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 Exhibit A. The total sum to be expended under this Agreement shall not exceed $696,395, plus a contingency for unanticipated expenses in the $59,956, for a total amount not to exceed $756,351, during the term of this Agreement." 3. Section 4, TERM shall deleted in its entirety and replaced with the following: "This Agreement shall commence on July I, 2009 and terminate on June 30, 2011 unless terminated earlier in accordance with Section 12, below. Additionally, 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 term may be extended for up to three additional one -year terms at the sole discretion of the City." 4. Exhibit A, Subsection 2.C.l.h.) (2) shall be amended to read as follows: "(2) Once per month the Contractor shall overseed with materials as directed by City Staff with at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. 5. Exhibit A, Subsection 2.C. 2. c.) shall be amended to read as follows: c) Fertilization The Contractor shall fertilize all groundcover areas three (3) times per year in March, June & September at two (2) pounds of actual nitrogen per 1,000 square feet using a slow release fertilizer using JTM Nutrients Complete 8 -2 -4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet. 6. Exhibit A, Subsection 2.C. 3. d.) shall be amended to read as follows: d) Fertilization The Contractor shall fertilize all shrub areas three (3) times per year in March, June & September using JTM Nutrients Complete 8 -2 -4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8) pounds of actual nitrogen per 1,000 square feet. 7. Exhibit A, Subsection 2.C. 15. shall be amended to read as follows: 15. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and provided to the Contractor by the City in writing. Contractor may elect to extend a credit to the City for work not scheduled. The City may use the credit for labor, materials, equipment or subcontracted work. 8. Attachment No. I to the Agreement shall be amended to delete reference to El Salvador Park and numbers of maintained facilities modified accordingly. 9. Attachment No. 3 "Agronomic Plan" to the Agreement shall be amended to read as set forth in Attachment No. 3 to this Amendment. 10. Attachment No. 5 " Annual Color Planting" shall be amended to provide the following schedule for work to the be completed: Summer -First Week of July Fall- First Week of October Winter -First Week of January Spring -First Week of March 11. Contractor shall provide Extra Greens Maintenance as set forth in Attachment No. I to this Amendment. 12. Contractor shall include maintenance of the Cabrillo Tennis Center- TwissBassler House planters depicted in Attachment No. 2 to this Amendment in accordance with standard specifications for planter maintenance. Additionally, Contractor shall no wash the courts at the Cabrillo Tennis Center. 13. Attachment No. 7 to the Agreement "Plant Cap" shall be amended to read as set forth in Attachment No. 4 to this Amendment. 14. The following additional terms shall be added to Exhibit A to the Agreement. Replanting - Plant Material The Contractor shall plant each year, in any area determined by the Director, 64 count flats of 2" plugs of plant species at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. The Contractor shall be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this is Agreement City is responsible for cost of replacing plants lost to vandalism; however Contractor must prove that it was vandalism that killed the plant. See Attachment 7, as amended, for plant cap. 2. Replanting — Shrub The Contractor shall plant each year in any area determined by the Director, 1 gallon shrubs at an appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. The Contractor shall also be responsible for the complete removal and replacement of plants lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. See Attachment 7 for plant cap. 15. 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: J-2 . MARIA D. HUIZAR Clerk of the Council TO FORM: dOSMIn W. I City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO CONTENT: Executive Director Parks, Recreation anh Community Services Agency MERCHANTS LANDSCAPE SERVICES, INC. SANTA ANA LAWN BOLWING GREENS Extra Greens Maintenance We are focused on the following elements for the contractor: 1. Cutting schedule of Monday, Wednesday and Friday. This work to be carried out during the months of May, June, July, August and September. Tuesday and Thursday only schedule in October, November, March and April. Weekly cut in December, January and February. Standard Height of cut to be 3/32 in growing season, and 5/32 in winter months. Cutting to be in a different direction each time greens are cut always on an angle. 2. Grooming of greens to be on an every 3'd week schedule starting in March and ending 2nd week of September. Groomer to beset at between 1/32 "and i /16th above ground level. Grooming to remove Pos and root crown from Bermuda. There should be a minimal amount of thatch on green surface. 3. Solid r/4 tining 3^d week of March and July, alternate years hollow 1/2" tining to 3" depth (July). 4. Scarifying or deep verticutting only as directed by Greens Chairman. 5. Greens to be rolled on Tuesday and Thursday in horizontal (up and down) direction. 6. Fertilizer schedule TBD. Low Nitrogen on West green spring and fall to prevent 'Brown Patch ". y. Water schedule: No irrigation December, January or February. 2 day a week schedule in months other then July and August (3 day). Deep soak areas were excessive drying occurs. 8. Top dressing to be applied by spreader, also in low areas. Green to be kept as close to 1 /r&h level over surface. Sand per USGA green spec Silica. 9. Ditches to be kept level and free ofvegetation, Edging to be to ditch face of "Plinth" boards. The objective for the bowling green is Level, smooth & hard with consistent short vegetation coverage on entire playing surface. The color of the surface should be a combination of green and brown. Winter months greens will be in brown dormant state. Brushing the surface versus cutting maybe more applicable. A-TTf= c/4N11- IU pd. n r r O "i m z z vi n m z -q X �l z 0 O z Q rn rn D N o� e a P3 �!1 Y 3 4 TTAC I. M /-7-(-)T ND. 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Ian 'Lai Lai y ri NJ p 91 Li y 3 a C Y' Fi Z A RED �g Ira tax r t- t- r'r rrrrrrIt- r'r G]rr 0 r- r 0 bro is F D N P O 1y P C J A C' c• " . � �$yo p� O or 8 91, Im O V o r 8 88 N ff N s 8s y o ° 7 Y b 7 my rom a yx-±3S g 7°ovro �° LIE v~i��`'7 c Cp n ,4, 3. u•C70 NG Gn^ IL�n] Nrnmm0 s twn a 8 s ss 3 0 0 C O pp�� V1 (A T O• F+ W Ol Ol O V '+ O. �+ O V W Vn fn O to O {n O i/1 O yS(/� q 2 Plant Cap - District 2 Attachment No. 7 AT- rA- -#mcam- iuD.4 Site 2" Plugs Shrubs, 1 Gal Ground Cover 64 Ct Flt Vines, I. Gal 1 Angels Park 150 38 0 38 2 Birch Park 0 188 37 37 3 Cabrillo Park 0 112 0 150 4Cabrillo Tennis Center 3751 1881 01 0 S FlsherPark 150 150 0 75 6 Maybury Park 375 225 0 150 7 Morrison Park 150 112 0 8 Portola Park 150 112 0 150 9 Santla o Park 750 375 75 150 10 Santa Ana Stadium 2000 200 0 50 11 Civic Center 2000 5001 200 0 Total District 2 1 61001 22001 312 800 AT- rA- -#mcam- iuD.4 A? °® CERTIFICATE OF LIA BILITY INSURANCE °AT7MMNDYYYY PRODUCER Bolton & Company 245 S. Los Robles Ave., Suite 105 Pasadena, CA 91102 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0008309 (626) 799-7000 www.boltonco.com 626-583-2125 INSURERS AFFORDING COVERAGE NAIC # INSURED Merchants Landscape Services, Inc. INSURERA: Golden Eagle Insurance Corporation Monterey Pass Road INSURERS: Liberty Mutual F' Insurance Monterey Park CA 91754 INsuReRc: Midwest Employers Casuals Company INSURER o: Federal Insurance Company 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. INSR OD' TWFOFINSCRANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS A ? GENERAL LIABILITY CBP8699930 7/112010 711/2011 EACH OCCURRENCE S 1,000.000 ? COMMERCIAL GENERAL UABILNY DAMAGE TO RENTEU PR E11 9 (Ea a ooporpennol 3 500,00 CLAIMS MADE ?? OCCUR MED EXP An one arson .S 10000 PERSONALSADV INJURY S 1,000,000 GENERALAGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS -COUPIOPAGO $ 2,000,00 POLICY PRP ? LOC JECT A AUT OMOBILE LIABILITY BA8690031 71112010 711/2011 COMBINED SINGLE LIMIT ANY AUTO (Ea 2tdden0 S 1,000,000 ALL OWNED AUTOS BODILY INJURY 5 SCHEDULEDAUTOS APP OVED S TO FOR (Pe' Person) HIRED AUTOS BODILY INJURY $ NON-OWNEOAUTOS (Per soddent) J H W FLE R PROPERTY DA).fAGE (Psr Boddenl) $ GARAGELMBILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EA ACC $ AUTOONLY: AGG 3 B EXCESS I UMBRELLA LIABILITY TH2661065881010 71112010 71112011 EACHOCCURRENCE S 6000000 ? OCCUR F-ICLAIMS MADE AGGREGATE S 6,000,000 5 DEDUCTIBLE 5 RETENTION $16600 $ G WORN ER SCOMPENSATION ' EW0008280 Excess WC (CA) 31112010 3/1/2011 s/ WC STATU- 10111 NY LIMIT D EMPLOYERS AN LIABILITY YIN ANY PROPRIETORIPARTNENEXECIITNE E.L. EACH ACCIDENT S ? OFFICERAIEMBER EXCLUDED) (Mandatory In NH) E.L,°ISEASE-EA EMPLOYE $ Ryas. dseo;Ea aadw SPECIAL PROVISIONS I,er. E.L. DISEASE-POLICY LIMIT S 1,000000 OTHER D Employee Theft/ 81585028 611/2010 611/2011 Limit: $1 MILIDed. $25,000 Forgery DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Workers Comp Is Self-Insured under California Certificate of Consent to Self Insure #03-1-1793-01 for CA operations. Blanket GL Additional Insured per CG2037 07104 & CG2010 07/04 attached, only If required by written contact. Job: #3011 City of Santa Ana Parks ap lies per 22-111 01107 attached GL Primary Wordin . , p . g Additional nsured(s): Oily of Santa Ana, its officers, agents, employees, representatives. and volunteers. cEpTlcIr ATC unl ncn ceucFl 1 ATION MLS CA, #3011 SHOO LD ANY OF THE ABOVE DESCRIB ED POLICIES a ECANCELLED BEFORETHE EXPIRATION City of Santa Ana DATE THEREOF. THE ISSUING INSURER WILL ENDEAVORT°MAIL 30*DAYSWRI1TEN Attn: Clark of the City Council NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 Civic Center Plaza IMPOSE NOOBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92701 REPRESENTATIVES- '10 Days forMon.PaMentcfPrarnlurr. AUTHORIZED REPRESENTATIVE /?/???_ Cher l Fela C--"4 e y ACORD 25 (2009101) ®1988-2009 ACORD CORPORATION, All rights reserved. CBRT NO., 7938390 CLLBNP CODE, NBRCN-1 Bolton Cavtliitate Ptoceseio9 711/3010 3a4-5S AH Pager 1 of 5 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 pollcy, certain policies may require an endorsement. A statement on this certlllcate does not confer rights to the certificate holder in Ileu of such endorsement(s). DISCLAIMER This Certificate of Insurance 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. Al:onu 25 tzuua/U'I) CERT NO., 7730190 CLIENC CODE: MERCH-l Belton Certificate Piocesa5o9 71113010 3:14:55 AN Page 2 of 5 POLICY NUMBER:CBP8699930 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Santa Ana LS CA, #3011 APP ED AS FOR ___ 0 W.FLETCHER CITY ATTORNEY 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 organization(s) shown in the Schedule, but only with respect to liability for "bodlly 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) desig- nated above. B. With respect to the Insurance afforded to these additional insureds, the following additional exclu- sions 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 en- gaged in performing operations for a principal as a part of the same project. All Cont.: its officers, agents, employees, representatives, and volunteers, as required by written contract. CG 20 10 07 04 © ISO Properties, Inc„ 2004 Page 1 of 1 ? CENT No., 77)5)90 CLter MDR; M M-A eolaon taruefceca yr«evet,g f/t/aolo 1:3L55 0.Y etse 3 of 5 POLICY NUMBER: CBP8699930 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Santa Ana MLS CA, #3011 Information required to complete this Schedule if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described In the sched- ule of this endorsement performed for that additional Insured and Included In the "products-completed operations hazard". All Cont.: Its officers, agents, employees, representatives, and volunteers, as required by written contract. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ? CE" MO.: ])38390 CLIENT CODE: MERCH-1 Belton Cerclflcete Proceeeing ]/11]010 3:11:55 M ?e9e 4 Of 5 CBP8699930 Merchants Landscape Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to provision a. Primary Insurance of paragraph 4. Other Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when an additional insured has been added to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "additional Insured's own insurance" provided that: (1) You and the additional insured have agreed in a written contract that this insurance Is primary and non- contributory; and (2) The "bodily Injury' or "property damage" occurs, or the "personal and advertising injury" Is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V- DEFINITIONS: "Additional insured's own insurance" means other insurance for which the additional insured Is designated as a Named Insured. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22-111 (01107) Page 1 of 1 CeRT W.: 7130390 CLIWP CODE: MURK-1 Bolton Cevtlrl fate PtoCeeeing ]/11]010 3:14:55 AM Page 5 of 5