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HomeMy WebLinkAboutValleyCrest Landscape Maintenance - 2012 Agreement - Amendment No. 9BrightView, Inc. and City of Gilroy Landscape Contract Amendment No. 9 _ AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND BRIGHTVIEW, INC. FOR City -Wide Landscape Maintenance (Fiscal Year18) AMENDMENT NO.9 This Amendment shall become effective when it has been signed by the City Administrator, Project Manager, and Contractor. All copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. This contract Amendment adds no ONE -TIME services. There is one contract addition, for the ON -GOING CONTRACT SERVICES for the extension of the five year landscape maintenance contract from December 31, 2017 Up to March 31, 2018. A three month landscape maintenance service contract extension up to March 31, 2018 is requested because of unexpected contract selection delays at the same contract fees and conditions. There are no ON -CALL SERVICES for this contract Amendment. All contract amendment expenditure resources needed are funded under Fiscal 18 Landscape Operations expenditure account #100 - 2420 - 0000 -4215. ONE -TIME SERVICE (typically one —time improvements/repairs) 9. NONE $ 0 $ 0 ON -GOING SERVICES (annual / Fiscal Year 18) 9. Fiscal 18 contract extension January 2018 thru March 2018 $183,512.04 $183,512.04 ON -CALL SERVICES (estimated service call -outs) 9. NONE $ 0 TOTAL $183,512.04 All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. BrightView, Inc. hereby agrees to make the above changes subject to the terms of this Amendment for ongoing Landscape Maintenance Services. Page 1 VA Date BrightView, Inc. and City of Gilroy Landscape Contract Amendment No. 9 BRIGHTVIEW, Inc. (formerly Valley Crest Landscape Maintenance, Inc.) ACCEPTED: , Senior Branch Manger Bill Headley pr sect Manager Da /Z/11 t7-0 r irum Awoke Department Head Date eo /iT Gabriel A Gonzalez City Ad is rato Date Page 2 CERTIFICATE OF LIABILITY INSURANCE OA 09/i a°017 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 pollcy(ios) must have ADDITIONAL INSURED provisions or 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 ADM Risk services Northeast, Inc. New York NY office CONTACT '- NAME (FIC No EXO. (866) 283 -7122 (AIC No ) (800) 363 -0105 EMAIL ADDRESS 199 water Street New York NY 10038 -3551 USA INSURER(S) AFFORDING COVERAGE NAIL# T INSURED INSURERA ACE American Insurance Company 22667 BrightView Landscape services, Inc. Location 031210 INSURERS American Guarantee & Liability Ins CO 26247 INSURER 825 Mabury Road INSURER & COndi San Jose CA 95133 USA INSURER E' PREMISES Ea oaurrenw 51,000,000 INSURER F MED EXP (Any one person) $10,000 COVERAGES CERTIFICATE NUMBER: 570068340184 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 Limits shown are Be requested LTR TYPE OF INSURANCE INSO VIVO POLICY NUMBER POLICY EFF mi MMm LIMITS A X COMMEROIALGENERALLUIBILMY T T XSLG / EACHOCCURRENCE 5110001000 CLAIMS-MAOE %❑ OCCUR SIR applies per policy terns & COndi tons PREMISES Ea oaurrenw 51,000,000 X MED EXP (Any one person) $10,000 Peehmde/Hmblade Apphwtor Coverage PERSONAL &AMMURY 51,000,000 GENIAGGREGATE UMITAPPLIE$ PER GENERALAGGREGATE s4,000,000 POLICY E JE° Fx-1 LOC PRODUCTS- COMPIOFAGG 54,000,000 OTHER A AUTOMOBILE LAaLnY Y Y ISA H09088908 10/01/201710/01 /2018 COMBINED SINGLE LIMIT Ea aco thint 52,000,000 BODILY INJURY ( Per person) X ANYALITO BODILY INJURY(ParawOent) OWNED SCHEDULED AUTOS ONLY AUTO$ X HIREDAUTOS % NON ,OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per awdent B % UMBRELLA LIAR % OCCUR AUCS08596813 1010112017 10 01/2 18 EACH OCCURRENCE 55,000,000 EXCESS LIAR CUIMS�DE AGGREGATE _ S51000,000 DED1 IRETENT ION • • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/ PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (ManEeNry m NN) d desrnbe under OrSCRIPTIONOF OPERATIONS below NfA Y Y C48033301 WC - ADS [48033313 wIC - wI 1576`72717 10/01/2017 10/01/2018 10 /O1 /2018 X PER OTH- STATUTE EL EACHACCIDENT 52,000,000 EL DISEASE -EA EMPLOYEE - - - 52,000,000 EL DISEASE - POLICY LIMIT $2,000,000 • Archit &Eng Prof G2363181701 10/01/2017 10/01/2018 Each Claim - 2,000,000 Prof Liab Claims Made Aggregate 52,000,OOO SIR applies per policy ter s & condi ions DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORO 101, Addmonal Remarks Schedule, may be albchod 0mom spew Is reculmd) - - — - Service Agreement: Landscape Maintenance Services at Various locations Gilroy CA. j City Of Gilroy it officers, off, cials and employees are included as additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies per the attached endorsements. General Liability and Automobile Liability policies evidenced herein are Primary and Non- Conributory to other insurance available to Additional insured, but only in accordance with the policy's provisions. A waiver of subrogation is granted in favor of the City of Gilroy, in accordance with the policy provisions of the General Liability, Automobile Liability and workers Compensation policies. CERTIFICATE HOLDER City of Gilroy Its officers, officials and employees 7351 Rosanna Street Gilroy CA 95020 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCYPROVISIONS 01988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD a m a c `c v a a 0 x O Z m m C Y m U ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS Named Insured Endorsement Number BrightView Landscapes, LLC All locations where you perform work for such Policy Symbol Polity Number Policy Penod Effective Date of Endorsement XSL G28103670 001 10/01/17to 10/01/18 10/01!2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Opera - tions Any person or organization whom you have agreed to All locations where you perform work for such include as an additional Insured under written additional insured pursuant to any such written contract contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or In part, by "your work" at the location designated and described in the Schedule of this endorse- ment performed for that additional insured and included in the "products- completed operations hazard ". However. 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afford- ed to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of Insurance 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS- 21164a (04/13) Includes copyrighted material of Insurance Services Office, Inc, with Its permission Page 1 of 1 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL I G28103670 001 1011/17 to 1011/18 10/01/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Person or Organization: Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However. 1. The Insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to fhe insurance afforded to these additional insureds, the following is added tdSectioh III — Limits Of Insurance And Retained Limit: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance. 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Authorized Representative XS -6W25b (04/13) Includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 1 of 1 NON - CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL I G28103670001 10/1/17 to 1011/18 10/0112017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the mtoonation is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Organization This endorsement modifies insurance provided under the following: EXCESS COMMERCIAL GENERAL LIABILITY POLICY "' Additional Insured Endorsement Any additional insured with whom you have agreed to provide such non - contributory Insurance, pursuant to and as required under a written contract executed prior to the date of loss. (If no information is filled in, the schedule shall read "All persons or entities added as additional insureds through an endorsement with the term "Additional Insured" in the tale) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IVA: If other insurance Is available to an Insured we cover under any of the endorsements listed or described above (the "Additional Insured ") for a loss we cover under this policy, this Insurance will apply to such loss and is primary (subject to satisfaction of the "retained limit "), meaning that we will not seek contribution from the other insurance available to the Additional Insured. Your 'retained limit" still applies to such loss, and we will only pay the Additional Insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations -of this policy. 5 JCHN J Lu, Pr.een: Authorized Representative XS- 20288a (05114) © 2014 ® Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured - Endors ement Number BrighiView Landscapes, LLC Policy Symbol Policy Number Policy Penod Effective Cate of Endorsement ISA H09088908 10/1/17 to 10/1/18 10/01/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the information is to be completed only when this endorsement is issued subsecuent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured Is amended to include as an "Insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. JOHN J LOPICA Presider: Authorized Representative DA -904c (03116) Page 1 of 1 NAMED INSURED ENDORSEMENT Named Insured BrightView Landscapes, LLC Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G28103670 001 10/1/17 to 10/1/18 10/01/2017 Issued By (Name of Insurance Company) ACE American Insurance Company mseri me poucy numoer i ne remamoer or me imormaaon is to ce campietee omy wnen iris encorsemem is issues suosequent io me preparation or me panty THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY It is agreed that the Named Insured is amerided to read as follows BrightView Landscapes, LLC BrightView Landscapes Services, Inc. BrightView Tree Care Services, Inc. BrightView Golf Course Maintenance, Inc. BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. BrightView Landscape Services, Inc. dba Marina Landscape Maintenance 5� JOHN J �LU11CII,..W.rit Authorized Agent LD -20286 (06 106) Page 1 of 1 SCHEDULE OF NAMED INSUREDS Named Insured Endorsement Number BrightView Landscapes, LLC Policy Symbol - Policy Number Policy Period Effective Date of Endorsement ISA H09088908 10/01/2017 to 10/01/2018 10/01/2017 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM The Named Insured shown In the Declarations is amended to read as follows: BrightView Landscapes, LLC BrightView Landscape Services, Inc. BrightView Landscape Development, Inc. BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. BrightView Design Group BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. Western Landscape Construction Named Insured includes First Named Insured; other entities to be covered as of inception and any organization other than a partnership or joint venture, and over which you currently maintain ownership or majority interest, provided there Is no other similar insurance available to that organization; and any other organization you newly acquire or form, other than a partnership or joint venture, and over which yeu maintain ownership or majority Interest, provided: a) There is no other similar Insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period. As respects newly acquired or formed organizations, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. No person or organization Is an Insured with respect to the conduct of any current or past joint venture that Is not shown as a Named Insured on this schedule JOHN J WVICA Rasmml Authorized Representative DA- 13118a (06/14) Page 1 of 1