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HomeMy WebLinkAboutMARIPOSA LANDSCAPES, INC. (PARK MAINT.) - 2014 1ST AMENDCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM ?M9 J c c fll Use Only Please complete this form when the attached agreement and all CITY F SANTA ANA amendments (if any) are no longer in effect. CLERK OF COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with y' j oa ; Ley) c 'lea p2 , + No. was completed on 11,31 and final payment has been made. (List all amendments. Use space below if needed.) t�a-7 I Department: .PJZPC�44 —� oos Phone/Ext.: A- C&S lA "ap6-C3lS-Gi Signature: Date: NStj13ANCE ON Nil WORK mAY PROCEED UNTIL INSURANCE E:XPlRES _� -L_.. CLERK PGOUNGIL m \\ DATE: 3V 12 2014 �J AMENDMENT TO LANDSCAPE AND MAIN'T'ENANCE AGREEMENT THIS AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 21" day of October, 2014, by and between Mariposa Landscapes, Inc., a California. coloration ( "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 Landscape and Maintenance Agreement A-2014- 0 15, dated January 6, 2014 (hereinafter "said Agreement "') by which Contractor has provided park landscape maintenance services for Santa Ana Parks,, District 3 covering eleven (11) City properties. B. The parties now desire to amend said Agreement to add District 4 to the Scope of Work and properties for Contractor to maintain on a short -term basis in order to complete the Request for Proposals process. C. The parties also wish to amend the Compensation clause of said Agreement to cover such additional services. 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 1, SCOPE, OF SERVICES, shall be amended to include the following language pertaining to District 4: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 4, as set forth in the Specification for Routine Maintenance, attached hereto as Exhibit A, attached hereto, in conformance with City's Request for Proposal 13 -010 (RFP) dated May 14, 2013 on file at the Parks, Recreation and Community Services administrative offices, and the maps included therein. All referenced documents are incorporated in this Agreement by reference. The Executive Director of Parks, Recreation and Community Services Agency may order additional services for unanticipated but necessary services required during the term orthis Agreement." 2. Section 3. COMPENSATION, shall be amended and updated to include the following: "c. City agrees to pay, and Contractor agrees to accept as total payment for its services covering District 4, a fee o €$65,273.67 per month (S 163,184,00 for 21 /z months). The total sum to be expended under this Amendment Tor the services at District 4 shall not exceed One Hundred Severity -Nine Thousand hive Hundred'rwo A- 2014 -271 Dollars ($179,502,00), which includes a. ten percent (10%) contingency of $16,318.00 for unanticipated work needed in District 4, through January 31, 2015. Section 4, TERM, shall be amended to include the following pertaining to District 4 services: "The Term of this Agreement with regard to District 4 only, shall commence on November 10, 2014 and terminate on January 31, 2015, unless terminated earlier in accordance with Section 13, below," 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Amendment to AgoTeenicin on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By d1--tLtd-- Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Mariposa Landscapes, Inc., Terry Notiega President MARIHOR -01 PLARIS `;II �` ` CERTIFICATE OF LIABILITY INSURANCE DA CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 711412014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 Lunge # OH52954 Jose Lari5 TOR Insurance Services, Inc. _CONTACT PHONE E,ki {$55} 867 -0002 Fu�c Hof: (855) 867.0002 1840 W. Whittier Blvd #94 La Habra, CA 90831 — E-MAiI OS OrinSUranCe COm ADDRESS: j B t ..n.u— POLICY X] JE� a LOC IN5URERjS1 AF FORDINOCOVERAGE ___�, PIAtCk INSURERA:Argonaut Great Central lnSuranCe Company ......._...._ INSURED INSURER a: Old- RErpubiic Insurance Company _ µ 24147 _ENSURER c__W,_ Mariposa Landscapes, Inc., Mariposa Landscape Arizona, Inc 15529 Arrow Highway INSURER D. Irwindale, CA 91706 . INSURER E: MtREDAU TOS AUTOS INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SNSR _ _$ LTR TYPE OF INSURANCE POLICYNUMBEft M DnflY MMIDD Y LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000.00 CLAIMS MADE OrCtiR X LAN290105 &00 . DAFAAK.=RENTES 0470112014 04/0112015 PREMISES EadgegFar" F '10.0,00 M DE %P (.Any ono person) S 5,00 — PERSONAL &AOV INJURY S 1,000,00 _� GEMLAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $ 2,000,00 POLICY X] JE� a LOC _ PRODUCTS- COMPIOP AGG $$ W 2,000,00 OTHER'. AUTOMOBILE LIABILITY (Ea accident) $ 1,000,00 B X AN Al CAUS771401 ANY AUTO 04/0112014 BODILY INJURY (Par person) $ _ dersomI _ OWNED SCHEDULED BODBV NJURY(Per ) $ _ AUTOS AUTOS X X NON -OWNED �. _. ,..�.._._ —. PROPERTY DAMAGE $ MtREDAU TOS AUTOS i $ UMBRELLA UAa OCCUR i EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE S —� OLD! _ RErENT10N$ — i S WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS' LIABILITY B ANY PROPRIETOR /PARTNER /EXECUTIVE YIN A1CW05771401 _I 04101120141 0410112015 E.L. EACH ACCIDENT S______1'000'000 ^ OFFICERIMEMRF:P EXCLUDED? NIA (Mandatory M NH) j E.L DISEASE - EA EMPLOYEE $ y 1,000,00 If yea, desoriba under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 1 �I i DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES iACORD 101, Additional Remarks Schedule, may be attached if more space is re r"lmd) The City of Santa Ana; its officers, empioyess, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. This isurance shelf be primary and non contdbuto , Y 0 awLol s 1 r CERTIFICATE HOLDER CANCELLATION � t"" fly '­ If ACORD 25 (2014101) ©1958.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Q,SSt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIV E ACORD 25 (2014101) ©1958.2014 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 REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Effective Date 4!112014 Policy Expiration Date 411/2015 Named Insured MARIPOSA LANDSCAPES INC if the required policy information is not own 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: L c : 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 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; 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. AS�TOgOR'M ° 15A _ Ct� Assistant City Attorney Page 1 of 2 p Includes copyrighted material of Insurance Services Office, Inc. ..AI. U.• ..n....i-1— 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. VOO Rpp� ®�E 4 \5P E "�� v ptt °rney �srs \an\ �f AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. uii+h ifc narmiccinn