HomeMy WebLinkAboutORANGE COUNTY CONTRACTORS SERVICES DBA ORANGE COUNTY MAILBOXES AND CONSTRUCTION 1c - 2013INSURANCE ON FV A -2013 -095
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WK MAY PROCEED
1' UNTIL INSU NCE EXPIRES
CLERK OF COUNCIL
DATE: AUG 2 2 2013
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and
between Orange County Contractors Services dba Orange County Mailboxes and Construction, a
sole ownership entity ( "Contractor") and the City of Santa Ana, a chatter city and municipal
F corporation organized and existing under the Constitution and laws of the State of California
("City"")
s
RECITALS:
*� A. The parties entered into that certain Agreement N- 2010 -031, dated April 12, 2010,
(hereinafter "said Agreement ") by which Contractor has provided general construction
maintenance services.
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H. Said Agreement was amended on April 18, 2011, and again on July 2, 2012, to extend the
term and add compensation to pay for general construction services during the extended term.
C. In accordance with the terms and conditions of said Agreement, the parties again desire to
amend said Agreement to extend the term and increase compensation to pay for the
provisions of services during the final one -year extension of said agreement.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Second Amendment to
Agreement, the parties agree as follows:
1. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following:
a. Downtown Santa Ana maintenance services shall be charged on a time and material
basis. The hourly rate of $60.00 shall cover costs, including labor, overhead, travel,
mileage, incidental supplies, hardware, screws, bolts, welding material, paint, wires,
disposal of material and concrete, etc. Special materials will be purchased by the
Contractor only on authorization of the City Project Manager. Such special materials
shall be charged at cost plus 10 %. Compensation for downtown Santa Ana maintenance
services shall not exceed $25,000, during the 2013/2014 fiscal year.
Compensation for Public Works maintenance services shall be as agreed per Job Proposal
prepared by Contractor and accepted by City. Total compensation shall not exceed
$30,000 during the 2013/2014 fiscal year.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be
made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City."
2. Section 3 TERM, shall be deleted in its entirety and replaced with the following:
"This Agreement shall commence on April 12, 2010 and terminate on June 30, 2014,
unless terminated earlier in accordance with Section 12, below."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement
on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: GP, oj- ) �keC
Laura Sheedy /
Assistant City Attorney
AL:
Edwin "William' G ez, P.E.
Interim Executive r hector
Public Works Agency
CITY O SANTA ANA
KEVIN O'ROURKE
Acting City Manager
ORANGE COUNTY CONTRACTORS
SERVICES
EDWARD P SC.��
Owner
ACORq CERTIFICATE OF LIABILITY INSURANCE DATE(MwUD/YYYY)
06/03/2013
PRODUCER 714.285.4800 FAX 714.285.4810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ZP Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2107 N. Broadway, Suite 108 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana„ CA 92706
rk 4.+v mnvn INSURERS AFFORDING COVERAGE NAIC #
18100 Kovacs Lane
Ste 27
Huntington Beach, CA 92648
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
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TYPE OF INSURANCE
POUCYNUMBE0.
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DAIS MMIDDIYYYY
LIMITS
220 S. Daisy Ave M -85
GENERAL WUMLITY
NA105900100
05/27/2013
05/27/2014
EACH OCCURRENCE
$ 1000,00
RAEM BE Ea aaurena
S 100,00
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any We Paraw)
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CLAIMS MADE LXI OCCUR
PERSONAL S ADV INJURY
S .__ _ 11000,000
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GENERAL AGGREGATE
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GENLAGGREGATEUMOoR APPLIES PER
PRODUCTS - COMPIOPAGG
S 2,000,00
X POLICY JECT LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
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ALL OWNED AUTOS
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EXCESS! UMBRELLA LUmLITY
EACH OCCURRENCE
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AGGREGATE
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OCCUR CLAIMS MADE
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$
DEDUCTIBLE
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RETENTION S
WORKERSCOMPENSAWN
SWC1024313
06/01/2013
06/01/2014
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X TORY LI R
AND EMPLOYER& LIABILITY
ANY PROPMETORlPARTNEPJEXECUTNE YO
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E.L DISEASE-EA EMPLOYEE
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OFFICERIMEMBER EXCLUDED?
(Mantlala,y in NH)
E . L. DISEASE- POLICY LIMB
— _1,000,00
S 1,000,00
Hyea,GSffR abler
SPECIAL PROVISIONS balm
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENLIORSEMBNT1 SPECIAL PROVISIONS
In the event of cancellation for Iron Payment, 10 days notice wil be issued.
The certificate holder is included as an additional insured as per the attached endorsement,
giver of Subrogation is included on the General Liability and Workers' Compensation.
ACOKU LS (TUUSIUI j .-. .� ... - -.. .._.........�..— --- ---
The ACORD name and logo are registered ma of CORD
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SNOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EKMRAT10N
DATE THEREOF, THEISSUNG INSURER WILL ENDEAVOR TO MAUL *30 80iwFliTEN
NOTICE TO THECERTURCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TOM $0 SHALL
City of Santa Ana
IMPOSE No OBLIGATION OR LUIBWTY OF ANY HIND UPON THE INSURER, ITS AGENTS OR
Public Works Agency
220 S. Daisy Ave M -85
REPRESS A IVES,
AUTH REPAESEN nvE
Santa Ana, CA 92702
ACOKU LS (TUUSIUI j .-. .� ... - -.. .._.........�..— --- ---
The ACORD name and logo are registered ma of CORD
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THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CriaFnl u F
Policy Number: NA105900100
Endorsement Effective: 5/27/2019 12:01 a.m,
Named Insured
Countersigned By:
EDWARD MAKOTO SCHADE, DBA: ORANGE
COUNTY CONTRACTOR SERVICES
Jame of Person or Organization:
Any person or organization that the named insured is obligated by virtue of a written contract or
agreement to provide insurance such as is afforded by this policy.
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. Section II — Who Is An Insured is amended to include as an insured the person or organization
shown in the Schedule, but only to the extent that the person or organization shown in the
Schedule is held liable for your acts or omissions arising out of your ongoing operations
performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is
added:
2. Exclusions
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such
work, on the project (other than service, maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at the site of the covered operations has been
completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to
its intended use by any.person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
C. The words "you" and "your' refer to the Named Insured shown in the Declarations.
D. "Your work" means work or operations performed by you or on your behalf; and materials, parts
or equipment furnished In connection with such work or operatlons.
Primary Wording
If required by written contract or agreement Such insurance as is afforded by this policy shall be
primary insurance, and any insurance or self-insurance maintained by the above additional
insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute ..-.
to R. ,
Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against
an entity that is an additional insured per the terms of this endorsement because of payments we
make for injury or damage arising out of "your work" done under a contract with that person or
organization.
49 -0108 8711 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 y
Used with permission
®Allstate.
You're In good hands,
CERTIFICATE OF INSURANCE
Cl CW A01 1011
This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued
to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided
by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage
is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other
contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at
the policy inception. Subsequent paid claims may reduce these limits.
Certificate Holden Named insured:
CITY OF SANTA ANA, PUBLIC WORKS AGENCY EDWARD SCHADE
220 S DAISY AVE. M -85 1144 BRADFORD DR
SANTA ANA, CA 92702 GLENDORA CA 91740 -5302
Automobile Liability
Insurer Name: Allstate Insurance Company
Po li Number. 648657348
1 — Any Auto
12 — Owned Autos Only
13 — Owned Priv. Pass. Autos Only
4 — Owned Autos Other Than Priv.
Pass. Autos Only
5 — Owned Autos Subject to No
Fault
6 — Owned Autos Subject to a Compulsory UM Law
X
7 — Specifically Described Autos
X
18 — Hired Autos Only
X
19 — Nonowned Autos Only
Policy Effective Date: 05 -23 -2013
1 Policy Expiration Date: 05 -23 -2014
Limits of
$ 1,000,000
Combined Single Limit (each accident)
Insurance:
BI Per Person
I BI Per Accident
PD Per Accident
Description of Operations/Locations/VehMes/Endorsoments/SpeciaI Provisions
SILVER ENDORSEMENT WITH WAIVER OF SUBROGATION. INCLUDED IS HIRED AUTO AND NON
OWNED AUTO.
Interested Party Type: ADDITIONAL INSURED
THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER.
IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST
EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL
INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH
POLICY LANGUAGE OR ENDORSEMENT.
Cancellation
In the event of cancellation of any policy described above, the insurer will attempt to mail 30 days written notice to the
certificate holder prior to the effective date of cancellation. However, failure to do so will not impose any duty or liability upon the insurer,
its agents or representatives, norwill it delay cancellation.
Producer.
CRYSTAL CLARK INSURANCE AGENCY
Date:
Authorized Representative:
eu...... Cl CW A01 1011
Includes copyrighted material of Insurance Services Office, Inc., with its permission
Allstate Insurance Company
Insured Copy
Page 1 of i
VWRKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
We have the right to recover our payments from anyone liable for an injury, covered by this policy. We will not
enforce our right against the person or organization named In the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shail be 2% of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Any person or organization as required by written contract. $250.00
This endorsement changes the policy to which it is attached and Jr. effective on the date issued unless otherwise stated.
Endorsement E ONO &1 -2013 POpayNo. SWC1024313 Endorsement No. VVCW306
Insured Orange County Contractor Services Premium s `
lnsurance Company Security National Insurance Company
Countersigned by