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Home My WebLink AboutMIDORI GARDENS (2) - 2017City of Santa A i Clerk of the Council AGREEMENT TERMINATION FORM C2019 ... ........................................................ ........ I ............ ........... ... ..... ..I..-..,-- ............ ............ COTC Office Use Only ................. .......... .. ..... ............. ...................... �ri Please complete this form when the attached agreement and all + A amendments (if any) are no longerineffect. 02 Return form to the Clerk of the Council Office (M-30). Cl'erk of the Coo n- Call 647-6520 if you have any questions. The agreement with Pr,icrw� 2 ' N -7, 0 j �- 1 I was completed on and final payment has been made. (List all amendments. Use space below if needed.) Department: pGCSA Phone/Ext.: LU I ci Signature: &# C I I �-Pkts— Le Date: 1zo 19 INSURANCE ON FILE WORK MAY PROCEED Professional Liability insurance A-2017.247 UNTIL INSIIf�AN ,CEXPI v required if contractor is or OATF.�P � Oi7 _�,,.., �_ m..1—` employs a licensed professional CL� G09 CII� �g Z GS A FIRST AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES 3rivr� (v�s�a� AGREEMENT WITH MIDORI GARDENS (DISTRICT A) THIS FIRST AMENDMENT TO AGREEMENT is entered into this 19t" day of September 2017, by and between Midori Gardens, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 21, 2016, the City entered into Agreement #A-2016-151 with Contractor to provide landscape maintenance services in District A (the Civic Center and Stadium) for the term of July 1, 2016 through June 30, 2018. B. In accordance with the terns and conditions of the Agreement, the parties desire to amend the Scope of Services and the Compensation amount of the Agreement to reflect additional Civic Center daily maintenance services consisting of emptying trash bins daily at the Library and Plaza of the Flags, pressure washing the Plaza of the Flags parking garage twice a week, and emptying trash cans in the Plaza of the Flags parking garage twice a week THE PARTIES THEREFORE AGREE: Section 1, SCOPE OF SERVICES, shall be amended to include additional services listed in the attached Proposal # '12332, described and set forth as Exhibit A -I attached hereto, and incorporated by reference to this Agreement. 2. Section 2, COMPENSATION, shall be amended to increase the annual sum, as detailed in Exhibit A-1, to be expended under this agreement for the new landscape maintenance service by $74,133,60 consisting of an increase in the annual amount of the Agreement of $64,464 and an increase in the annual contingency of the Agreement by $9,669,60. The amended annual compensation reflected in the Agreement will not exceed $329,739.60 during the term of this Agreement. This annual amount is comprised of (1) to sum of $286,729 and (2) a 15% contingency of up to $43,009.60 for services as may be performed by the Contractor at the sole discretion of the City. Therefore, the total amount of the Agreement, 'including any optional renewals, shall not exceed $1,226,289. Except as hereinabove modified, the terms and conditions of said Agreement amain unchanged and in full force and effect. —signature page to follow -- Page I of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. CITY OF SANTA ANA a,w,r r � r e- APPROVED AS TO FORM: Sonia R. Caivalho, City Attorney P,- • C By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: MIDORI GARDENS Gerardo Monet . Executive Director of Parks, Recreation and Community Services Agency Page 2 of 2 EXHIBIT A -I — First Amendment to Midori Gardens Agreement A-2016-151 gardens 3231 S. Main St. Santa Ana, Ca. 91707 714.751.8742 July 26, 2017 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Kevin Eaton Email; Kcaton@santa-ana.org RE: Civic Center daily maintenance PROPOSAL #12332 1. Additional daily trash can collection around the Santa Ana Library in the evenings around 6:00pm................ ........................ ................................................... $1,354.00 2. Additional daily trash collection in the Plaza of the Flags, west mall ............ 31,956.00 3. Two times a week cleanup of the Plaza of the Flags parking garage and once a month pressurewashing ......................... ....................................................... $1,900.00 TOTAL..........................................................................................$5,210.00 TOTALW/BOND...... .................................................... ................... $5,372.00 NOTE: Item #1 empty trash cans only. Ne�a!y—Q00 VW1xk SUBMITTED BY / SIGNATURE Gyy4tlactPfldalt%vt 07/26/17 TITLE DATE APPROVED BY / SIGNATURE TITLE FAX (714) 751-4167 Landscape Services C-27 308373 / PCL 35527 EXHIBIT A-1 — First Amendment to Midori Gardens Agreement A-2016-151 PLEASE SIGN, DATE, & RETURN TO; MIDORI GARDENS rr (714) 751-4167 OR EMAIL US AT MIDORISCAPE(iDSBCGLOBAL.NET - THANK YOU. FAX (714) 751-4167 Landscape Services C-27 3083731 PCL 35527 CERTIFICATE OF LIABILITY INSURANCE DATe(MVODNYYY) 6/7/2017 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), AUTHORI2EG REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the polldy(les) must be endorsed. It SUBROGATION ES WAIVED, subject to the terns and conditions of the policy, James G parker Insurance Associates License #0554059 P O Sox 3947 Fresno CA 93650 INSURED —.______ Midori Gardens Ina 4 Midcri Landscape Inc 3231 Main Street may require an endorsement. /, statement on this certificate does not confer rights to thA, 1i611284-1700 _.._-�.Nah assa)xzx-Etta ... .....�.. _._,._ . __..—._ xri@jgparker.com INSURERS) AFFCegINO COVERAOE _ R_ �NAIC0 Ionaut. Great Central Insurance_ 19860 aces Insurance. Company10855_ rnvaaar:Fa reGTCIrATF NIIMFFa•T 7-3R GT.. xi,hn r WC OCARCIAM M, 'Mnee. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE] TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTFACT 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, EXCLUSIONSANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM:i.__ MR eOY.eDBR-",�-'_—'—._�•�`� TPOU-C—dFF -POLICY EXP '-� —.— TYPEOFINBURANCE I yYYI IMMIDOfYYYY' UNITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE It1, OCO,OOO A r�------� CUIMS-MADE OCCUR IITRMA. 0ET0T(ENTEq "_ PRMI9Eg 100,0(10 )LAN290107703 6/1/2(IT 611/2018 ° MEDEXP(AY/crp.MMnl 9 5,000 _ _ pER60NALSAOV INJURY Jt 1,000,000 I GEEN% AGGREGATE LIMIT APPLIES PER: IRO- GENERAL AGGREGATE 1 _ 2 000 000 POLICV JECT LOC 1 �`RODUCY3• COMPX)P AGO 1 2,000,060 �'�E._. OTHER' •Empo/ee acnems 1,000,Ooo AVTOMOBILELuSNUTY i IN N uMIT S 1,000 CEO (Ea eLYINJ I� A X ANY AUTO '� I e001LY INJURY (Pargeem) f AAUTOS EO r gUTOSULEO LAN290107703 6/1/2C17 6/1/2018 BODILY INJURYIPerectl Q NG" MEO NIRE0 AUT09 AUTOS . PROPERTY -X —y I rlPffi �! UAR _ gCCUR !%GEES LUUI CIAWIS•MAOE' I EACH OCCURRENCE E _ -- AGGREGATE S _ -- r�UMBREUJA ^I_ -- — QED R NOON I I6 WORNERSCOMPENSATION IANOEMPLOYeRB'UABNTY I X 0 - --- TIN' I0W PROPRIETgP/PARTNER,EXECUTIVE ❑ OFFgEPA1EMBER EXCUJOED7 NIA• EL EACHACCIDENT 111, Op0 O0t1 �.-._. EL. DISEASE. EAEMPLOYE B IMarA4"U, NH) I Ilnxc7ee663 6/1/2017 6/1/2019 X n, Mlaae OF IP F PERATI below 1 EL DISEASE -POLICY LNAr __.Ii000,000, I s L 0001000 i 1 DESCNPMON OFOPEPATIONS I LOCAIIONSIVEHICLES (ACORO 10L AMOUpPa Rem+lke Schetlule, may G eeache4 B morn apace U mwira) Job% City of Santa Ana The City of Santa Ana, its officers, agents and employees are included as additions ioiCireds as p r 4AGCG2010BPN 0704. Q attached endorsement 2nd to `, copy s-mailed insured onm 6/19/2017 V` scuevas@aanta-ana.org City of Santa Ana Parks, Recreation S Community Services Agency Attn: Silvia Cuevas 20 Civic Center Plata Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE THE EXPIRATION DATE T AUTHORWAD REPRESIENTATIVS Parker ITI/MARY �•,. r411888.2014 ACORD ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORC INS926(2ollm) CANCELLED BEFORE BE D€LN€REn IN POLICY NUMBER: LAN2901077-03 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 6/1/2017 Policy Expiraction Date 6/1/2018 Named Insured Midod Gardens & Midori Landscape Inc If the required policy Information Is not shown above, it will be shown it the Declarations. SCHEDULE Name Of Additional Insured Person(s) ry person or organization with whom you agreed, cause of a written "insured contract", written agreement Blanket as required by written "Insured contract". permit, is an insured during the policy period. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; 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 insurarx:e will not apfdy to any claim, loss or liability] which it; determined to be solely the result of the', additional Insureds negligence or solely the additional Insured's responsibility. in the performance of your ongoing operations for the additional inaured(s) at tvlocation(s) desigrated above. 0a S� Q�G AG CG 2010 BPN 0704 Argo Group Page 1 of 2 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, parks or equlpmeni 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 oontraotor or subcontractor engaged in performing operations for a principal as a part of the same project. AG CG 2010 BPN 0704 Argo Group Page 2 of 2 includes copyrighted material of Insurance Services office, Inc. with Its permission.