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Home My WebLink AboutMARIPOSA LANDSCAPES, INC. (PARK MAINT.) - 2015 2ND 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c c fll Use Only Please complete this form when the attached agreement and all CITY F SANTA ANA amendments (if any) are no longer in effect.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: INSURANCE ON V ILE WORK MAY PROCEED UNTIL INSURANCE FXPIREb CLERK o RKOF COUNCIL DAVE .? --11-15� SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREFMENT 'm is SECOND AMENDMENT TO LANDSCAPE AND MAINTENANCE AGREEMENT made and entered into this 20"' day of,lanuary, 2015, by and between Mariposa Landscapes, Inc., a Calitbima corporation ("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- 01.5; dated January 6, 2014 , thereinafter "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 amended said Agreement on October 21, 1.014 to add District 4 to the Scope of Work and properties for Contractor to maintain, C. The parties now wish to amend the Compensation and Term clauses of said Agreement (in ashort-torin basis in order to complete the Request for Proposals process. 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 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 base fee of $63,274.00 per month plus a tan percent (10%) contingency of $6,527.00 for unanticipated work needed in District 4, through February 28, 2013. The total sum to be expended under this Amendment for the services at District 4 shall not exceed $71,801.00 for the additional month.. 2. Section 4, TERM, shall be amended to include the following pertaining to District 4 services: "The'Tarm of this Agreement with regard to District 4 only, shall commence on November 16, 2014 and terramate on February 28, 2015, unless terminated earlier in accordance with Section 13, below." 3. Except as herainabove anianded, all terms and conditions of said Agreement shall remain in full force and affect, IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D, fluizar Clerk of the Comm oil APPROVED AS TO FORM. SONJA CARVALHO City Attorney By: Lisa, Storolk Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo 7Monet Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA David Cavazos City Manager "CONTRACTOR" Mariposa Landscapes, Inc., I PYM;�ieg President MARIHOR -01 PLARIS CERTIFICATE OF LIABILITY INSURANCE DATE 11412DY4 7r�4rzoaa TTHIS 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: It the certificate holder Is an F the terms and conditions of the policy, certain PRODUCER License # OH52954 INSURED may require an endorsement. A statement on this certificate does not confer rights to the Mariposa Landscapes, Inc., Mariposa Landscape Arizona, Inc 16529 Arrow Highway Irwindale, CA 91706 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 CONTRACTOR 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, _ iNSRR TYPE OP ENSaRANCE �'��' I'��tr —m..Y �..... PtlL. YNUM6ER D1�� T'.^.�.'_ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 CLAMS -MADE ( j OCCUR X LAN2901052.00 0410112014 0410112016 P Fr{1 s°� a a`ewrepg} S 100,0 -'. MEO_E %P iAnYOre person) S 5 >0 - PERSONAL a AOV INJURY $ _ l Oep,go I GENL AGGREGATE IIryMIT AAPLYES PER GENERAL AGGREGATE $ 2000yOO POLICY I�. X� Ja � LOG PRODUCTS GOMPIOP AGO � $ 2000N00 — Ij OTHER, $ AUTGMQaRE LIABILITY mSING.LE LIMIT I IE g 1 I000100c B CI ANY AUTO Al CA06771401 1 04101120141 0410112015 ..MaBnuD .. . . BODILY INJURY (Pet person) _ .. s ALL OWNED SCHEDULED AUTOS AUTOS 1 ! .— .BODILY INJURY (Per eccden0 .. .._� 5 PR EERTY DAMAGE X X 1 NONAVMED -. HIR @G AUTOS AUTOS ,Pere axv¢qm_ S UMaRaU.A Me OCCUR I EACH OCCURRENCE AGGREGATE S EXCESS UAa CiAMAOE AiMSE —{ ...T.. ONS E _.__._..._ S }( B IWORKEESCOMPONSATION AND EMPLOYERS•UASIUTY YtN ANY PROPME44RJPARTNEWEXECUTIVE AlCW05771401 04101/2014 0410112015 E L. EACH ACCIDENT S 1,000,00 OFFICERAMEMW E%CLUDEDT � NIA (Mandatory in NNl EL .DISEASE -EA EMPLOYEE S 1,000,00 111 yes. dascAiea OYMbt DERCRIP7 NnF OPERATIONS hd�v E.L. DISEASE - POLICY LIMIT —" S 1,000,00 DESCRIPTION OF OPEta7MONE 0 LOCATIONS IVEHICLES fACORD 101, AddiMiRNI Rb inna, Schadola, may be anachad If maul $Pane M naqulusdl The City of Santa Ana; R$ officers, employs$$, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and alas performed by or on behalf of the named insured. This fauraoce shell be primary and non contdbu!0 OvIvo VS City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. reserved ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i...o 1 L i •..... 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 Data 4112015 Named Insured MARIPOSA LANDSCAPES INC lithe require requirea policy information is nos own above, if will shown In the Declarafions. SCHEDULE Name Of Additional Insured P erson(s) Or O antzation s . Locations Of Covered Operations Name of arson 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 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, S TO FORM R2FRO�0 A .- ttS!� . gTORCK �- nsslstart GitY Attorney Page 1 of 2 J Includes copyrighted material of Insurance Services Office, Inc. ,w96 ion —1-1— 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. t ViovA 4� 011 l/ p,SS+stant °Jl AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office, Ina. ....0h ifc normie sin..