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Home My WebLink AboutMERCHANTS LANDSCAPE SERVICES, INC. 3a - 20160City of Sant� 2- � t ` a A 7 Clerk of the AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all P20 FE amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements CITY 6 have been satisfied prior to signing the termination form. CLERi Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with COTC Office Use Only -6 PH 3-' 38 OF�COUNCIL No. R--'daiG-aay was completed on and and final payment has been made. (List all amendments. Use space below if needed.) Revised: 0 1 -07-16 Department: Pf7yA Phone/Ext.: lid II j Signature: Date: co �O�Q A-2016-224 INSURANCE ON FILL WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL, FIRSTAMENDMENT TO AGREEMENT FOR LANDSCAPE DATE: a—b a 1 U MAINTENANCE SERVICES (PARK DISTRICTS 1 AND 4) 4� THIS FIRST AMENDMENT to the above -referenced agreement is entered into on August 16, 2016 by and between Merchants Landscape Services, Inc. ("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 Agreement #A-2016.002, dated January 19, 2016 ("Agreement"), by which Contractor agreed to provide landscape maintenance services at City parks in Districts I and 4, a s B. The term of the Agreement is from February 1, 2016 through January 31, 2018, with an option for two (2) one-year renewals, and the Agreement remains in effect. C. The parties wish to amend the Agreement to expand the scope of Contractor's services to include the Memory r ° Lane/Santa Ana River Park that was added to the City's inventory of parks on July 1, 2016, and to increase the animal compensation in support of these additional services. The Parties therefore agree: 1. Section 1, Scope of Services, is amended, effective September 1, 2016, to include the Memory Lane/Santa Ana River Park among the parks for which Contractor is providing the services described in the Agreement. A map of the park and service area is attached as Exhibit A. 2, Section 2, Compensation, is amended to increase the annual compensation under the Agreement by $5,225 for the period of February 1, 2016 through January 31, 2017, and by $12,540 for each remaining year of the Agreement, including any renewal periods. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties bereto have executed this First Arnendment to the Agreement on the date and year first written above. ATTEST MARK D. FNS ZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:_Q %. . r JOI NI FUNK Assistant City Attorney Cly,"F SVA ,T ANA DAVID CAVAZ0 City Manager CONTRACTOR 1`AL=tXCltclAN` T t da�C�P SgC. vaC amTltnt� a(3RC�tat4� Title: 9 9—CG 6 C7 hT RECOM1Y N D F PROVAL Gerardo Monet, Executive Director, Parks, Recreation, and Community Services Agency �- . { !'a.�: A� �® CERTIFICATE OF LIABILITY INSURANCE DATE 6/24/2016YI 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(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 lieu of such endorsements). PRODUCER Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 CONTACT NAME, Etacy Manning, CIBR PHONE (559)650-3555 PAC No (559)650-3558 E'MAIL,', smarming®leisinc. com INSURER(Sa AFFORDING COVERAGE NAIC0 INSURERA:Atlantic Specialty Insurance 27154 INSURED Merchants Landscape Services, Inc. 1190 Monterey Pass Road—a FT -4 Monterey Park CA 91754 INSURER e : _ INSURER C; INSURERD: INSURERE: 1 INSURER F: COVERAGES CERTIFICATE NUMBER:16/17 Pkg & Auto 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. INSLTR TYPE OF INSURANCE DD ANSR R VVVQ POLICY NUMBER POLICY MIOI D/Y1'EYP MM1�DYNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE_ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES I5 ece $„ 100,000 MED EXP Anyone person) $ 51000 A CLAIMS -MADE ® OCCUR 518-00-06-75-0001 /1/2016 /1/2017 PERSONAL& ADV INJURY $ 1,000,000 X $1,000 Pd Dad GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 $ ii POLICY PRO- OC AUTOMOBILE LIABILITY CEOMBCI INEeDI SINGLE LIMIT 1 000 000 BODILY INJURY (Par person) $ A R ANY AUTO ALL OWNED SCHEDULED A AUTOS L.A TOS MED R HIRED AUTOS AUTOS 618-00-06-75-0001 /1/2016 /1/2017 BODILY INJURY (Per accident) $ - PROPERTY DAMAGE $ eraooidenl Medical Pavments $ .51000 UMBRELLA LIABOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE ' DEO RETENTION$ Is WORKERS COMPENSATION4\ EMPLOYERS' LIABILITY PROPRIETORIPARTNERIEXECUTIVE YINj AN YIN OF FICERIMEMBER EXCLUDED? (Mandatary In NH) NIA e WC IM11AND TORY E.L. EACH ACCIDENT $ _ E. L. DISEASE -EA EMPLOYE $ E. L, DISEASE - POLICY LIMIT $ Use, describe under DESCRIPTION OF OPERATIONS below , aQjV �F SP,1Q' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: City Park in districts 1 and 4 Proposal #15-112 Primary Insurance/Non Contributory Blanket Additional insured per attached OBPGGLO4340414 City of Santa Ana, its officera, employees, agents, volunteers and representatives (Excluding Professional Liability) are named as additional insured City of Santa Ana 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, CA 92702 25 120101061 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 .-�r,�_.--- --- Manning, CTSR/RRODE —L` <<. ACORD CORPORATION. All rights reserved. INS026(201006).01 The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to Paragraph 2. In SECTION II - WHO IS AN INSURED: Any person or organization you are required by written contract or agreement to name as an additional insured subject to the following: Any such person or organization must be approved in writing by us as an additional insured. Coverage for such person or organization will begin on the date of our approval. a. No such person or organization is an additional insured for your acts, errors or omissions if such acts, errors or omissions are not also covered under such person or organization's liability insurance. b. No such person or organization is an additional insured for "bodily injury" or "property damage" for acts, errors or omissions of any additional insured. B. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to SECTION III - LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement does not increase the applicable Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to the additional insureds under Paragraph A. above, Paragraph I. Damage To Your Work in Paragraph 2. Exclusions of COVERAGE A — BODILIYURY AND PROPERTY DAMAGE LIABILITY in SECTION I — COVERAGES is replaced by the �* i g✓ This insurance does not apply to: e�� L Damage To Your Work \G,S64 "Property damage" to "your work" arising out of it or any part of it and 1 t 1 tl6r {gypoducts- completed operations hazard".�a D. With respect to the insurance afforded to the additional insureds under Paragraph A. above, The following is added to Paragraph 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary if required by the contract or agreement. If there is no such requirement, this insurance will be excess and paragraph b. Excess Insurance applies. OBPG GL 0434 04 14 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Copyright, OneBeacon Insurance Group, 2014 COMMERCIAL GENERAL LIABILITY E. With respect to the insurance afforded to the additional insureds under Paragraph A. above, the following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, In SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, we will waive our rights to recover against any additional insured for payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under the contract or agreement and included in the "products completed operations hazard" if such waiver is required by the contract or agreement. 06�63�' Policy Number: 618-00-06-75-0001 Name Insured: Merchants Landscape Services, Inc. This endorsement is effective on the inception date of this policy unless otherwise stAted herein. Endorsement Effective Date: 07/01/2016 OBPG GL 0434 04 14 Contains copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 Copyright, OneBeacon Insurance Group, 2014 STATE OF CALIFORNIA Arnold Schwarzone or, Gvveraor NPAR TMEt' T M INDUST LA IONS SELF-INSURANCE PLANS 2265 Watt Avenue, Suits 1 Sacramento, CA 95825 h Phoria No. (916) 574.0300 PAX '(916) 483-1535 CERTIFICATION OF SELF-INSURANCE OF WORKERS' COMPENSATION TO WHOM IT MAY CONCERN: This certifies that Certificate of Consent to Self -Insure No, 1799-E was issued by the Director of Industrial Relations to: MERCHANTS LAND$CAPE SERVICES, INC. under the provisions of Section 3700, Labor Code of California, on January 1, 2003. The Certificate is now and has been in full force and effective since that date. Dated at Sacramento, California ThisA91h day of January, 2007 Compliance Supervisor U JMJdy Orig: Vivian Quimiro Corporate Services 1190 Monterey Pass Road Monterey Park, CA 91754 �ad�� ki o�`i ''.J i• S so�ro;�ro ' oy5�roa �g ro o �mw•ov � Y" wdv?p Et keaoSSol 5 moi 0 ^m � �oC n n1 ' m A or zm sr 0 z En e� p� Y°4 n Q> 0 .� Z� a >, SOD F .q"q z