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Home My WebLink AboutMIDORI GARDENS 5B - 2013I Q 1 1 l� f� INR1iT�alPi�f_ t)lV hiLlr J F MMA'A PROCEED 11Ni11.INSUSANCE EXPIRES CLERK OF COUNC1 ATE: 1-75-0 SECOND AMENDMENT TO '/ LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Midori Gardens, 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 ( "City'). RECITALS: A. The parties entered into that certain Agreement (# A- 2011 -151) dated June b, 2011, (hereinafter "said Agreement ") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District A (Civic Center). B. Contractor has also been performing landscape maintenance for District 4 pursuant to the terms of the First Amendment to Agreement ( #A- 2012 -114) dated June 4, 2012, while the City sought competitive bids to provide those services for an extended term. Contractor has agreed to provide such maintenance for District 4 through June 30, 2013. C. The City has received proposals in response to its Request for Proposals that was issued on May 15, 2013. Such proposals are being reviewed and evaluated, and the award for the landscaping maintenance agreement for District 4 is scheduled for City Council approval in July. D, The parties wish to amend said Agreement to extend the tern of said Agreement as to District A for one year, and as to District 4, extend the term for one month and to provide compensation for such services provided during these extended terms. WHEREFORE, in consideration of the covenants contained in said Agreement as amended, 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 3.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 Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. (i) The total sum to be expended under said Agreement for District A shall not exceed Two Hundred Fifty -Three Thousand Three Hundred Sixty -Seven Dollars and Twenty Eight Cents ($253,367.28) during the one year extended term of the Agreement. Said total expenditure includes Two Hundred Twenty -Two Thousand Two Hundred Fifty - Two Dollars ($222,252.00) plus a fourteen percent (14 %) contingency of $31,115.28 for unanticipated work required in District A. (ii) The total suin to be expended sum to be expended under said Agreement for District 4 shall not exceed. Sixty -Five Thousand Twenty Four Dollars and Thirty Cents ($65,024.30) during the one month extended term of the Agreement. Said total expenditure includes Fifty -Nine Thousand One Hundred Thirteen Dollars ($59,113.00) with a tell percent (10 %) contingency of $5,911.30 for Unanticipated work required in District 4. " 2. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "a.. As to District A: this Agreement shall eommenao on July 1, 2013 and terminate on Jane 30, 2014, unless terminated earlier in accordance with Section 13, below. 'The City may terminate this Agreement if the Santa .Ana City Council fails to approve fmrdilig for the Agreement for any fiscal year covered herein, This Agreement for inaintenallee of District A may be renewed for up to two (2) additional one -year terms on the mutual agreement of the parties. It, As to Usl9_°ut 4: this Agreernont shall commence on July 1, 2013 and torminate Oil July 30, 20 13, unless terminated earhor in accordance with Section 13, below. The City may terminate this Agreement if the Santa. Ana City Council .Fails to approve funding for the Agreement for any fiscal year covered herein. 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O O O S 0 0 0 0 O W . tR N• HN+n W Y N r N ppOO 11 NOO W Y W N Y N N J W 4 A A CD N W OAO A T A w O\ W O M N N tl t' NA V W 01 Q1 g o �Ni �I,,.,> •W � N 4°p /V I� A Z Z ZD � Z Zb ZA Z 2D Z p D D D 4„ D D q nb S c S I� � Ul i!1 1A 1A IA N N l/V N W wj � m N W N W w w Y W T yy N W N ypw yq CI Y D JNa O p OAO Wm l] T C N O T jT [° n IO �$AOag °oo$S °o°° °off°° °S°° EX 6i f IJ A` °R °® CERTIFICATE OF LIABILITY INSURANCE 7 /12/2ol�i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER James G Parker insurance Associates License #0554959 P 0 BOX 3947 Fresno CA 93650 NANEACT Mary Amiri PHONE (661)264-1708 FAx (661)25a -6$'16 'MA' .mamiri @jgparker.com INSURERS AFFORDING COVERAGE NAIC# INSURER A'Argonaut Great Central 19860 INSURED Midori Gardens Midori Landscape Inc 3231 Main St Santa Ana C.A. 92707 IN URERa:Praetorian Insurance Company 37257 INSURER G.Williamsburg National Insurance 25780 INSURER D: INSURER E: $ 1400,000 INSURER F: ) Occurrence) COVERAGES CERTIFICATE NUMB ER:13 -14 GL, auto 6 NC 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. ILTR TYPE OF INSURANCE Parks, Recreation 6 Community POLICY NUMBER POLICY EFF POLICY YXP LIMITS 20 Civic Center Plaza GENERAL LIABILITY Santa Ana, CA 92701 James Parker ill /MARY EACH OCCURRENCE $ 1400,000 ) Occurrence) $ 300,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ® OCCUR LAN202007001 6/1/2013 6/1/2014 MED ESP Any one persom $ 5,000 PERSONAL S ADV INUURY $ 1,000,000 X Deductilbe $1,000.00 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 1,000,000 $ POLICY X PRO LOC tFCT AUTOMOBILE LIABILITY sMSBINdED SINGLE LIMIT 1,000,00D BODILY INJURY (Per Person) $ B X ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS 010001963 6/1/2013 6/1/2014 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED WNED P OPERTV DAMAGE $ Uninsured motorist combined $ 1,000,00 UMBRELLA LIAB HOCOUR EACH OCCURRENCE $ AGGREGATE II EXCESS LIAB CLAIMS -MADE DEO I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORJPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) NIA 0693112 -01 6/1/2013 6/1/2014 X I AYSTATU - OTH- EEL E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S 11000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If man space Is required) Job: City of Santa Ana The City of Santa Ana, its officers, agents and employees are named as additional insureds attached endorsement #AGCG2010SPNO704 and City's own form AS APPROVED ( c siun E, LISA orney 3 CERTIFICATE HOLDER CANCELLATION HSSWtu^ - -1 (714) 571 -4211 scuavas@santa-ana.org SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Parks, Recreation 6 Community AUTHORIZED REPRESENTATIVE Services Agency Attn: Silvia Cuevas 20 Civic Center Plaza Santa Ana, CA 92701 James Parker ill /MARY ACORD 25 (2010105) INS026 (2010136 )D1 ®1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION BLANKET PRIMARY, OR NON- CONTRIBUTORY - AS RLQUIRED BY WRITTEN CONTRACT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Effective Date 06/01/2013 I Policy Expiration Date 06/0112014 Named Insured Midori Gardens & Midori Landscape Inc POLICY #LAN202007001 requ SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations Name of Person or Organization: Location: Any person or organization with whom you agreed, Blanket as required by written "insured contract ". because of a written "insured contract", written agreement or permit, is an insured during the policy period. This insurance is excess over any other insurance CITY OF SANTA ANA, OFFICERS, available to the additional insured(s) as an insured whether primary, excess, contingent or on any EMPLOYEES AGENTS AND REPRESETATIVES other basis, unless a written "insured contract" or written agreement specifically requires that this insurance be either primary or non - contributing. This insurance applies as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim, loss or liability which is determined to be solely the result of the additional insured's negligence or solely the addi- tional insured's responsibility. 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 "bodily 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. APPROVED AS TO yopIA c _ Assistant (-,It/ Attorney AG CG 2010 BPN 0704 Argo Group Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. f with its permission. ADDITIONAL INSURED ENDORSEMENT Insurance Company; A1�44ONAUT GREAT CENTRAL This endorsement modifies such insurance as in afforded by the provisions of Policy # LAN202007001 Relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, officers, employees, agents and representatives are named as additional insured with regard to liability and defense of suits arising from the operations and uses performed by on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty-30 days written notice has given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. Completion of the following, including countersignature, is required to make this endorsement effective. Effective JUNE 1, 2013 1 this endorsement form as part of Policy # LAN202007001 Issuedto MIDORI GARDENS AND MIDORI LANDSAPE Countersigned by Insured Authorized Representative Title: ACCOUNT EXECUTIVE /BROKER 3/28/11 , "10 POW Applkovs 1 .A assistant Ot'ty gttorn�h� dd sl i<<-c. X"'i 2 3 "� °R° CERTIFICATE OF LIABILITY INSURANCE �- ---'' 6 /os DA 312' 14 Y) 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 polloy(les) 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 Ileu of such endorsement(s). PRODUCER James G. Parker insurance Associates License #0554959 P O $OX 3947 Fresno CA 93650 CONTACT Nary Amiri PHONE." (80_0)266 -7721 I rFn /c Nn1: 1661)439 -3STG amiri @arker.aom INSURERS) AFFORDINGGOVERAGE, NAIC0 INSURER AAr Onaut Great Central 19860 INSURED Midori Gardens Midori Landscape Inc 3231 Main Street Santa Ana CA 92707 INSURERSIPraEtOrian In$uranoe CpM2anV, 37257 INSU eaC:C rasa Insurance C2m2 an 10855 INSURER D: s 100,000 INSUn INSURER P: 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 PERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TVPEOFINSURANGE ASK SUBR D UMSBR POL CY EFf P LIGV P UMITB A GENERALLIABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 290107700 /1/2014 6/1/2019 EACH OCCURRENCE $ 11000,00 P10 E Nlr ne MED EXPAn 00 ersonl s 100,000 $ 5,000 X Deductible 01,000 BI /PD PERSONALS ADV INJURY $__1,000,000 (iENERALAGGREGATE & 2,000,00 OCN'L AGGREGATE POLICY LIMIT APPLIES PER: Fx M D LOC PRODUCTS- COMPIOPAGG $ 2j 000, D00 6 $ AUTOMOBILE X LIACILITY ANY AUTO ALL OWNED SCHEDULED AUTO$ AUTOS HIRED AUTOS NOWOWNED AUTOS AHOI000196302 6/1/2014 6/1/2018 COM ,_ QO 000 BODILY INJURY (Per parson) s BODILY INJURY (Per ( ) S '.dq DA. E $ $ UMBRELLA UAS OCCUR EACH OCCURRENCE $ EXCESS DAR OLALMS -MADE AGGREGATE $ CEO I I RETENTION$ C WORKeRS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERMXECOTIVE YIN OFFICSR"MrMBER EXCLUDED? (Mandewry In NH) RYee. under NIA 3300067020141 6/1/2019 6/1/2015 X WCSTATU. MLS 0TH - E.L. EAChI ACOIDENT $ 11000,00 0 E,L.OISEASE- EAfiMPLDYE. ----- $ 1,000,000 1 E.L. DISEASE - POLICY LIMIT 1,000,00 IWO'e DESCRIPTION OF OPERATIONS belary DESDRIPTIGN OF OPERATIONS I LOCATIONS I VEHICLES (AUSCh ACORD 141, Addi9onel Remarks Suhedulo, It more spore I9 required) n Job: City of Santa Ana F} The City of Santa Ana, its o££ioers, agents and employees are named as addiCJASP'V� igp�l.10 es attached endorsement #AGCG2010BPNO704 s J T.. � Y Nkkoene l 1 /�3 (719)571 -4211 $cuevas@santa- ana.org City of Santa Ana Parks, Recreation & Community Services Agency Attn: Silvia Cuevas 20 Civic Center Plaza Santa Ana, CA 92701 ORD 25 (201 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOP, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Parker III /TLS i✓ - 's 0 I rvaVAV (%V1000),u, The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION BLANKET, PRIMARY, OR NON-CONTRIBUTORY — AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Effective Date 6/1/2014 Policy Expiration date 6/112015. Named Insured Midori Gardens & Midori Landscape Inc If the required policy Information is not shown above, if _711 be shown in the Dec arations. SCHEDULE Flame Of Additional Insured Person(s) Or Organization s : Locations Of Covered O araflons Name of Person or Oraanization Lo t Any person or organization with whom you agreed, because of a written "insured contract", written agreement Blanket as required by written "insured contract ", or permit, is an insured during the policy period. This insurance is excess over any other insurance available to the additional Insured(s) as an Insured whether primary, excess, contingent or on any other basis, unless a written "Insured contract" or written agreement specifically requires that this Insurance be either primary or non - contributing. This insurance applies as respects any claim, loss or liability allegedly arising out of the operations of the named Insured, provided however that this insurance will not apply to any claim, loss or liability which is deterntned to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. 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 2. The sets or omissions of those acting on your behalf; AG CG 2010 BPN 0704 Argo Group in the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above. ,,% 'to V®0 QoOo',vi A'p itoeney Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. B, 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 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. Ea gTORGK L1S� ttYeRjAoYtr v AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission.