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Home My WebLink AboutMIDORI GARDENS 5C - 2014INSURANCE ON FILE WORK MAY PROCEED UNTILL INSURANCE EXPIRE$ CLERK OF COUNCIL DATE: rJ -2:5:, v 1 i THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT A- 2013 - 102 -01 THIS THIRD AMENDMENT'T"O AGREEMENT is entered into on July 1, 2014, 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 haws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement ( #A- 2011 -151) dated June 6, 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 had 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 tern, C. The parties entered into the Second Amendment to Agreement ( #A- 2013 -102) dated July 1, 2013. Contractor continued to provide maintenance for District 4 through June 30, 2013, but pursuant to this Third Amendment will no longer be providing landscape maintenance for District 4, D. On March 18, 2014, the Santa Ana City Council authorized the City Manager to exercise the options to renew as provided for in said Agreement. E, The parties wish to amend said Agreement to extend the term of said Agreement as to District A for one year, to remove District 4 from the scope of services, and to provide compensation for such services provided during this extended tern, WHEREFORE, in consideration of the covenants contained in said Agreement as amended, and subject to all the teens and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVCIES, shall be amended to delete any reference to the performance of landscape maintenance services in District 4, as defined in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Contractor shall continue to provide landscape maintenance services in Santa Ana Parks District A, but shall not provide any landscape maintenance services in District 4. 2. 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." 3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2014, and terminate on June 30, 2015, unless terminated earlier 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. This Agreement for maintenance of District A may be renewed for one (1) additional one -year term on the mutual agreement of the parties." 4. 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 Landscape Maintenance 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 Att9r1ey By: Ryan O. CITY OF SANTA ANA -J DAVID CAVA O City Manager MIDORI GARDENS INC. w a' CL t N m D � o v a 0. d n. N Q pe�rr m d, m a � P a Lo o_ a a� 9 v o T X P N ro d m. P v s � G � S d � d d P u n 'm 4 d a � 3 ro .. m N n a M °' m ro _ ~{ E N N P m � d n m � 3 � N O N 0}9~1 NF' OQ-}M1. !99�0 9+ pJp O [' O S p09�100 N� OAa N S S A Vtl1 O 3 U1 D O r, O I in Y O 4n W lfl W VI N 10 N N N A N N 1-+ 9i J V WV W W �p' W O N t0 V N W- N W m w r+app'..m o O pppO Q S pp19198SS000OO Q O S N O lNT d O O y~j y D �1"',DLaAD'b^�DAAD�AN $S KNI I I I p S y�y N u. � U. N W vs to W N N A A N JN O] W N N W O N 10 Q W 0 N 1d N N N A M N iJ T V O W � $ W 10 "S$SSSS�S$$SoSSSS pJ pO,N�Uf. J NW J N N N N� P W W N N m N N v N "1 W L O A N p ppoo ApAp 9 A9rr � !ppT ONC OppN N N tl,op, �j V 9191 W W O O A+p ?^ V' N uY to to 4f IH � D y D W N D 7➢ D D o m A D A D Ap D O m ui Jpp �q m� w Pp� O A P W N w p Np G O� O µN Q H N o m Go 01 m n u1 wEgoSSS��b°oSSS�$4 Q O O , o AEC? CERTIFICATE OF LIABILITY INSURANCE �N.. -/ DATE(MMIDI) YYY) 6/3/2014 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 certfflcate holder Is an ADDITIONAL INSURED, the poiicy(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 certfflcate 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 CONTACT Mary Amiri PHONE. (800)266 -7721 - FAX me): E-MAIL mamiri @jgparker•core - INSURIII AFFORDING COVERAGE NAIC9 INSURERA:Ar onaut Great Central 19860 INSURED Midori Gardens Midori Landscape Ina 9231 Main Street Santa Ana CA 92707 INSURERB:Praetozian Insurance Company 37257 INSURER C:t" resIS Insurance Company 10855 INSURER D: INSURER E: $ 1,000,000 I NSU a P: X COMMERCIAL GENERA LIABILITY GLIVI•HAGIPM CFRTIFIr.ATF MIIURPR•14 -15 GL EU0. W7. DC\ /ICInKJ an IRA COR. 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 ADDLSUSR POLICY NUMBER POLICY EFF FOLICYEXP LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERA LIABILITY A ••race $ 100,000 A CLAIMS -MADE OCCUR 290107700 6/1/2014. 6/1/2015 MED IXP An one arson $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 X 'Deductible $1,000 BI /PD GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /CP AGO $ 2,000,000 IrCT POLICY X PRO- LOC $ AUTOMOBILE LIABILITY' COMBINED SIN. LIMI E 11000,000 B X ANY AUTO BODILY INJ URY(Per person) $ BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AHD10D0196302 6/1/2014 6/1/2015 HIRED AUTOS NOW-OWNED AUTOS PROPERTY-DAMAGE ipe, trident $ UMBRELLA. UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS WAS CLAMIS -MADE DED I I RETENTION$ $ C WORKERS COMPENSATION X WC STATU- 0TH. AND EMPLOYERS' LIABILITY YIN E.L EACH ACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNETEXEOUTIVE y NIA OFFICEWMEM85R EXCLUDED? (Mandatory In NH) 3300067020141 6/1/2014 6/1/2015 FJ- DISEASE - EA EMPLOYE $ 1,000,000 If yyes, describe under I. DISEASE - POET CY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adach ACORD 101, Addiflonal Remarks Sch adule, If more space Is required) Job: City of Santa Ana �. ree//1� The City of Santa Ana, its officers, agents and employees are named as additional i,aanp4a1C Paz attached endorsement #AGCG2010BPN0704 p tofoe� yp -knnt _J (714)571 -4211 scuevas @santa- ana.org City o£ Santa Ana Parks, Recreation & Community Services Agency Attn: Silvia Cuevas 20 Civic Center Plaza Santa Ana, CA 92701 25 A- 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 Parker III /TLS �d+�•+"' >^` �^ 01988 -2010 ACORD CORPORATION. All rights reserved. INS025 (2oloosl.ol 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 611/2014 Policy Expiration Date 6/1/2015, (Named Insured Midori Gardens & Midori Landscape Inc If the required policy information is not shown above, It will be shown in the Declarations. 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, 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 nor- contributing. This insurance applies as respects any claim, loss or liability allegedly arising cut of the operations of the named insured, provided however that this insurance will rot apply to any claim, lass or liability which is determined 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 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; AGOG 2010 BPN 0704 Argo Group In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. VOVL RCK ey t � �y5%star 4 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6, 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. S� pRCK N.1SA E �t/ pAor n sy ps wavl i AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ACC>RD CERTIFICATE OF LIABILITY INSURANCE OATE 4MWDCWYYYY) 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 REP'RESENTATIV'E 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 COMTAC Mary Amiri James G Parker Insurance Associates PHONE (661) 284 -1708 JIM- (5'9) 22 2 -1724 License #0554959 .MAO .mamiri@jgparker.com P 0 Box 3947 INSURERS AFFORDING COVERAGE NAICN Fresno CA 93650 INSURERA:Ar onaut Great Central 19860 INSURED INSURER iii I- Ger ling America Ins Co 41343 Midori Gardens Inc & Midori Landscape Inc INSURER C :Wall at0rs Insurance Cogi2apy 42307 Midori Landscape Inc INSURER D:.gypress Insurance Cam an 10855 3231 Main 5t INSURER E: Santa Ana CA. 92707 INSURER F COVFR'IIGFA CFRTIFICATF (NIIL1AFR-T5 -16 GL.autCi.ulrb6WC RFVIALON NUMAPR. 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 V041CH 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. ...INSR 1M TYFE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF (MMIORMyn POLICY EXP j0dM1DQ=)w LIMITS GENERAL LUABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR LAN290107701 !1/2015 6/1/2016 PR EMI ES a curreneal $ 100,000 MED EXP (Aa one person) $ 5,000 PERSONAL & AOV INJURY S 1,000,000 $1,000 daductibl,e GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPlOP AGG S 2,000,000 X POLICY PRO- LOG S AUTOMOBILE LIABILITY (6=m BIN SIN E LIMIT 1.000 040 BODILY INJURY (Per person) S B X ANY AUTO ALL OWNED SCHEDULED '..AUTOS AUTOS 3A2OXOOOa7700DOCA '../1/2015 6/1/2016 BODILY INJURY (Per accident) $ ..._ PROPERTY DAMAGE P acei t _ S' NON - OWNED HIRED AUTOS 3C AUTOS Uninsured motorist combined $ 1.000 000 UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 C X EXCESS LIAR CLAIMS-MADE DED I X I RETENTION$ None S SPISEXC785300TV 6/1/2015 6/1/2015 ] WORKERS, COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRJMEMBE1lEXCLUDR/EJ(ECUTIVE OFFICEOPRIETER EXCLLIDEDE (Mandato In NH H!A', 21 643243 6/1/2415 6/1/201..6 X I LWry STATU- OTH- 000 F.L. DISEASE EA $ �q() 1,000,000 d yyes, describe under DESCRIPTION' OF OPERATIONS balow E L. DISEASE - POLICY LIMIT 1 $ 11000,000 DESCRIPTION OF OPERATIONS ( LOCATIONS F VEHICLES QAttach ACORD, 101, Additional Remarks Schedule, If more apace Is required) '....Job: City of Santa Ana The City of Santa Ana, its officers, agents and employees are named as additional insureds as per attached endorsement #AGCG2010BPNO704 A �.. (714 )5714211 scuevas @sant:a- ana.orr City of Santa Ana Parks, Recreation S Community Services Agency' Attn: Sylvia Cuevas 20 Civic Center plaza Santis. Ana, CA 92701 OLCI ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James Parker YYr /Y ^ Ak;U iU Y5 (20110705) (9 1888 -2010 ACORD CORPORATION, All rights reserved INS02..5I201005).01 The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LAN2901077-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. rail a 1 ZR_11104 ZRI el 11111w MUM 0 10 A, 610 _11M.11111111 1 1,16 'ell 1.11CM I, I pprr"AIN I • BLANKET, PRIMARY, OR NON-CONTRfBUTORY — AS REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following" COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Effective Date 611/2015 Policy Expiration Date 611/2016 Named Insured Midoh Gardens & Midori Landscape Inc If the required policy information is not shown above, it will be shown in the Declarations, SCHEDULE Narne Of Additional Insured Person(s) Cr Organizatio,n(s): Location(s) O!f Covered Operations Name of Person or Organizqtjon. Location: 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 determined to be solely the result of the additional insureds negligence or solely the ,additional insured's responsibility A. Section 11 — 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: I. Your acts or omissions; or 2. The acts 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. 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. . e(N o-0\0� AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission.