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Home My WebLink AboutLANDSCAPE WEST MANAGEMENT SERVICES 1B - 2015 461 City of San, _ Ana Clerk of the Council AGREEMENT TERMINATION FORM 2020 FEB L6._......Pflo t9it Bice Use Only I Please complete this form when the attached agreement and all CITY OF SANTA ANA amendments (if any) are no longer in effect. CLERK DE COUNCIL Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with L-Oi10k.S0c - \Q kG wuyi C` 'J( 1 J v,, No. / 2oks-DQG was completed on 1 1311kG and final payment has been made. (List all amendments. Use space below if needed.) Department: ¶ -C EP- Phone/Ext.: y R. lck Signature: (A Date: 10 j:-Ficiliq Revised 08-23-10 INSURANCE ON RILE WORK MAY RROCFED UNTIL INSURANCE WIRES CLfRKCOON DATE: t -2 _� SECOND AME.NDMFNT TO LANDSCAPE AND MAINT.ENA.NCE ACYREEMENT THIS SECOND AMENDNIENT TO LAN'DSCA'PE AND MAINTENANCE AGREEMENT made and entered into this 17'r day of February, 2015, by and between Landscape West Management Services, Inc„ a California corporation dba Palo Verde Landscape Management Co. ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organised and existing under the Constitution and lays of the State of California ( "City'), RECITALS: A. The parties entered into that certain Landscape and Maintenance Agreement A -2014 -014, dated January 6, 2014 (hereinafter "said Agreement ") by whieh Contractor has provided, park landscape ina,intenance services for Santa Ana Parlrs, District I covering eight (8) City propei`ties. B. On January 20, 2015, the parties amended the Compensation and Term clauses of said Agreement on a Short -torus basis ni order to complete the Request for Proposals C RFP ") process. C. The City issued an RFP for landscape maintenance services on October 15, 2014, The proposals received were all rejected due to excessive cost cstima €es. D, The parties now wish to imand the Scope of Services, and the Compensation and Term . clauses of said Agreement in order to analyze the situation and district boundaries and complete the Request for Proposals process again. E. The parities are also arnendi'ng to comply with the new legal requiroments of Sonato Bill 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 Agreei -nQ at, the parties agree as :Follows: 1. Section 1, SCOPE OF SERVICES, shall be amended and updated to include die services set forth in Exhibit A, attached hereto and incorporated herein by referenoc. Deviations from the original Scope of Services included in said Agreement for District 1 are set forth in Exhib it A -1, attached hereto and incorporated herein by reference. 2. Section 3, COMPENSATION, shall be amended and updated to include the following: o. City agrees to pay, and Contractor agrees to accept as total payment for its services covering Diatriet 'l, compensation in the amount of $284,900,00, which includes a 10% contingency for unanticipated work needed, for the tern) of Febmaay 1, 2015 through January 31, 2016. A.2015 -026 d. Contractor agrees that it shall pay state prevailing wages to its employees performing landscape maintenance services to the City hereunder due to the passage of Senate Bill 7. 3. Section 4, TERM, shall be amended to include ttre following pertaining to District I landscape maintenance services: "The Term of this Agreement with regard to District I shall begin February 1, 2015, and terminate on .lanuary 31, 2016, unless terminated earlier in accordance with Section 13, below.,, 4. Except as hereinabove amender{, all terms and conditions of said Agreement shall remain in fill force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk or the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:r� Lisa. tnruk Assistant City Attorney RECONUMENDED FOR APPROVAL: Gerardo Ntouet, Exec ive hector Paris, Recreation and Community Services, Agency C'I'TY OF David Cavazc City Manager ANA "CONTRACTOR" Landscape Nest Management Services, Inc. dba Palo Verde Landscape Management Co. Stacy Konier President EXHIBIT A-1 Contractor will provide all service as trtiiicated in the Scope of Services with two exceptions. 1. Weeds. Contrlagrec eomplc e eradication of weeds in priority /sport turf foLtr (4) times per yearshall be ermined by the City's Senior Park Supervisor. 2, Tali ation rea rovide irrigation head parts and Landscape West will provide an irrigation staff employee to install there. 3 ( K £ ) § �� f)\» ƒ{ }{ { \ � / >§ § #QBRR§ ~} #/ ƒ( \, \ \\ \ /\ \\ \\ : ;Gybe:%%l:,w / L { / \ \ \ \\ \\ ( § 000\E8 @R&e ( K £ ) § �� Client#: 753274 LANOWEST5 --6A76 1DIYVYY� ACORD. CERTIFICATE OF LIABILITY INSURANCE I 410112016 THIS evkTir -- -jcXTE is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFEWS, NO RIGHTS UPON THE CERTIFICATE HELDER. T141S 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 INSURrR(S),AUTHORIZFD REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: !f the certi0cata holder is an ADpITIONAL INSURED, tha poliey(Ias) mu,t be andorsed. If SUBROGATION ISWAIVEO, subjeaE to �M the forms and conditions of the policy, certain policies may require an endorsement. A statement on this cortifleato does not confor rights to the certificate holder In lieu of such ondorsament(s), PRODUCER A Diana FREUSIo Richard Sinopoll a r s,; 80"79-9524 HUB Int'l Insurance Serv. Inc. a as din.ria.frausto@lvubiiit,et'national.com,.-.—.--,- ADn 40 East Allanior Avenue RVAIRERRI) AfFOREIRRE COVORACIR NATO 9 Santa Barbara, CA 93105 INSURER A; Argonaut Groat Central Ins Cc 19860 Security National Insurance Corn 19FI-9- Landscape West Management Services, Inc X PD Dod:500 3628 County Rd. INSURER C: PERSONAL AOn .. V I Ay . t -� -1 Chino, CA 91710 ftslmr-Rn-. ----- R„_.__4 INSURER F _GENERAL AnGllkqArs COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO THE POILICI 3 OF INSURANCE. LISTED sel-ow DAvEBrENissueD TOTEM INSURED NAMVDADOVE FORIHE PULICYJ'EFUOD INDICATED. NOTWITHSTANDING ANY REQUIRFIVIENT, TEAM OR CONDITION OF ANY CONTRACT ON OTHER DOCUMENT Wil H RESPECT TO W111CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UIAIIS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. fWSA "— Ab5c Was -Ii0-LFdy-&F '70-cicy Sxp TYPE OF INSURANCE M M AMMI JM!W-,CDI LTR —A aRNettnl LwawTY LAN290105601 04101/2015 0410112010 EACROCCURRENCE X COMMERCIALUENERAL LIABILITY '- CLA948-MOIDE 1x] OCCUR M61) EXP-L X PD Dod:500 PERSONAL AOn .. V I Ay . t -� -1 (Lo 1000 11 1� — _GENERAL AnGllkqArs 32,000yQil() GENT. AGGREGATE UNIT APPLIES PER! POLICY0 "'. J -1too S � PRODUCT COMPIOP ADD 0Q&1g()L0 mm S A AUTOMOBILE LIABILITY LAA290106601 (1410112016 041t)11201 (l C ""' D"GUEL M' 0,00000 ANY AUTO BODILY INJURY (Pmomacr) X ALL ow I "I ED AUTOS ZT05 NON-OWNED )AUTI$ x AUTOS BODILY =ROPE-k aoA—MKd- .qDEj--" T- x -I-A T�HW � 6 LIAB X OCCUR LAX290105601 0410112015 041011201C EACH OCCURRENCE 0 00 000 excess LIAB CLAIMS-MADE $10(�)0000 D N WORKERS COMPIE MIRTH 14 AND MOLOYFRA'LAIDIUTY SWC1072002 D410112015 04/01/2010 "C �STA'ru UR_ DIBYLINUEU. 1-16'-H- PPOPRIQFURARTINEMEXECULTIVE r. 0 REXCILUDED? PIC If] 1 N I A EACH ACCIDENT $1000 000 �tj. :M::O:L C.L. DISEASE - EA EMPLOYED $1,00II&Q0 gROME (Plandawy in NR Oyes, asc under eflCRJPTI0 OFOPTRATION Pal. nyl-mli -A —00S-.00-0 -DESCRIPTION Of OPERATION01 LOCATIONS I VEHICLES JARsab ACORD 101, Additlonal Remarks ScmnJulo, It more %Paco to fmadrect, The City of Santa Ana, its officers, employees, agents, and representative are earned as AdcfiHon%,,0e.Ne Insureds Under the general liability policy as Coverage applies when required by r the V attached form AG CO 2010 BPN 0704. '"Primary wording Is included under the general flablity, policy par form AG GG 2010 DEN 0704 attached' City of Santa Ana Attn: Purchasing Department 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OR T14E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WON THE POLICY PROVISIONS. AOTHORMSD RSPRUSRNTATTVE 01988.2010 ACORn CORPORATION. All r4,htq an..,VM ACORD 25 (2010106) 1 art The ACORD name and logo are registered marks of ACORD #83431039/M3427986 DF41 POLICY NUMBER: LAN2901066 -01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �r 0 This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL. LIABILITY COVERAGE PART Policy Effective hate 4/11 ?_015 Policy Expiration Date 4/1/2016 Named insured LANDSCAPE WEST MANAGEMENT SERVICES INC If the required policy information is not shown above, it will be shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Or enization(s): _ Locations Of Covered Operations Nye of Person or Ornanizatjna j_acatian: Any person or organization with whom you agreed, because of a written "insured contract", written agreement Blanket as required by written "insured contract ". or permit, is an insured during the policy period. This insurance I$ excess over any other insurance available to the additional insureds) 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 Insured's negligence or solely the additional insured's responsibility. I A. Section it -- Who Is An insured is amended to Include as an additional insured the person(s) or organization($) 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, IN: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations rar the additional insured(s) at the locations) designated above, Reviewed W �a1�VIa CueV3S AG CG 2010 IBPN 0704 Argo Group rage 1 Ot 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. S. 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. Reviewed by: 'Dilvia Cuevas PRCSA/Admin. AG CG 2010 BPN 0704 Argo Group Page 2 of 2 Includes copyrighted material of Insurance Services Office., Inc. with Its permission.