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HomeMy WebLinkAboutPAULUS ENGINEERING, INC (2)� r6r0 GAG � A-2020-243-02 S I -.al SECOND AMENDMENT TO AGREEMENT TO PROVIDE ON -CALL �tS) fA EMERGENCY WATER AND SEWER SYSTEM REPAIR SERVICES THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December 1, 2020, by and between Paulus Engineering, 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 No. A-2019-142-02, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency ("Agreement"). The term of the Agreement is for three years, and the Agreement remains in effect through August 19, 2022, with provision for extension. B. On May 5, 2020, the parties entered into First Amendment to Agreement No. A-2020-091-02 to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. The parties now wish to amend the Agreement to further increase the shared aggregate amount to be expended under the Agreement and two related agreements. The Parties therefore agree: 1. Section 2.a, Compensation, is amended to read in its entirety: "City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $1,200,000 during the term of this agreement, including any extension periods." 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST a a��, L 11 (07 ✓/ Daisy Gomez /Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager Pagel of 2 A-2020-243-02 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: its. �.. n M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL i1 e Nabil Saba Executive Director Public Works Agency Page 2 of 2 PAULUS ENGINEERING, INC. Name: Title: Pe&-5rwcyfi •""'�""� PAULUSENG _pp CERTIFICATE OF LIABILITY INSURANCE GATE IMMIDDNYYY) S 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 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 doos not confer rights to the certificate holder in lieu of such endorsement e . PRODUCER I 29NJJ CT INSURED INSURANCE SERVICES, Inc. Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 02806 r.0VPnAr'PQ--___ rvUry BER; THIS IS TO CERTIFY THAT THE POLICIES OE 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$UBJECTTO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN CLAIMS. EXCLUSIONS AND CONDITIONS OF SUCH. nooL INS- TYPE OFINSURANCE suBR. 'IR'EDo`O�VDB-YPPOL POLICY NUMBER p CV ExP r'' --- LIMITS A x- - COMMERCIAL GENERAL LIABILITY EACHOCCURRENC6 1,000,000 CLAIMS -MADE X OCCUR )( 54303105 5/1/2020 5/112021 DAMAGE TO REN TED �Epg5E91E yRqurtence 1001000 - MEDEXP An tlne rsan 5,000 _ PERSONAL&ADVINJURY 1,000,D00 GENERALAGGREGATE $ 2,000,000 GERL AGGREGATE LIMIT APPLIES PER; n _PRODUCTS-COAj-P/Dp AGO„ $-_ 2,OD0.000 POLICY w LOG I OTHER B AUTOMOBILE LIABILITY COMB I ���—ED SINGLE LIMIT 11000,000 % ANY AUTO _ OWNED SCHEDULED 54303104 511/2020 S1/2021 BODILY INJURY Ip on $ ----- ,TO DILY INJURY per acddenr AU�ppT��Op$ ONLY AUpTT�Oa$ HUTOS ONLY AUTOS ONLY VROPEcRide 1 AMAGE UMBRELLA LIAB _ OCCUR EACH OCCURRENCE EXdE59 LIAB CLAIMSDE AGGREGATE- RE TENTIODLN$ B WORKERS COMPENSATION ANOEMPLOYERB'LIABILITY x PER UIE OTH- ANY PROPRIETORMARTNENEXECUTIVE Y N (Q�F'FIGEWMEMBF.� EXCLUDED? ) NIA 54303106 5/1/2020 511/2b21 E.L,.E�CH ACCIDENT fig $ {man�at¢ryPln Ifyyes,descnbeunder E:L. DISEASE-EAE LOVE t,000 0170 -s----I EL. DISEASE• POLICY LIMB 1,000,000 DESCRIPTIONO OPERATIONS below D55CRIPTION OP OPERATIONS I LOCATIONS I VEHICLES ((ACDRD tei, Addm¢Pel Rmnarka $chetlule, may be ¢It¢ched Iflnor¢ ¢pets le rogvir¢d) RE: Santa Ana Emergency Work. glaiP City of Santa Ana, Its officers, employees, agents, volunteers and representatives are Named as Additional Insureds as respects General Liability per Attached Endorsement. This Insurance shall apply as Primary and Non -Contributory per attached endorsement. BY Risk MANAGEMENT DivISiON City of Santa Ana Risk Management Division Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 20 Civic Center Plaza ....... AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 Acoi[b 25 (26 iu;vo) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PAULUS ENG LOG #: 0 A C01?0' 4 ADDITIONAL REMARKS SCHEDULE AGENCY NAMEDINSURED HE BROKERAGE COMMERCIAL INSURANCE SERVICES, Inc. Paulus Engineering, Inc. 2871 E. Coronado treat POLICY NUMBER Anaheim, CA 92806 SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:.SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability Insurance JLOPEZ Page 1 of 1 Cancellation: *Except 10 Days Notice of Cancellation for Non -Payment of Premium. Should this policy be cancelled before the expiration date, The Brokerage Commercial Insurance Services, Inc. will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 (2008101) REVIEWED & APPROVED By Risk MANAGEMENT DivisiON 2008 ACORD CORPORATION. All d. h+< .era -, The ACORD name and logo are registered marks of ACORD Insured: Paulus Engineering, Inc. Effective: 05/0112020-05/01 /2021 Policy Number: 54303105 COMMERCIAL GENERAL LIABILITY 10-02-2508 (Ed. 7.15) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, SECTION II — WHO IS AN INSURED is amended to include any person or organization that you C. The insurance provided to the insured does agree in a "written contract requiring insurance" to not apply to "bodily injury" or "property damage" caused by "your work" and included include as an insured on this Coverage Part, but: in the "products -completed operations a. Only with respect to liability for "bodily Injury", "property hazard" unless the "written contract requiring damage" or' personal Injury"; and insurance" specifically requires you to provide b. If, and only to the extent that, the Injury or such coverage for that Insured, and then the damage is caused by acts or omissions of insurance provided to the insured applies only you or your subcontractor In the performance to such "bodily Injury" or "property damage" of "your work" to which the "written contract that occurs before: requiring Insurance" applies. The person or (1) The and of the period of time for which organization does not qualify as an Insured the "written contract requiring insurance" with respect to the Independent acts or requires you to provide such coverage; or omissions of such person or organization. (2) The end of the policy period; 2. The insurance provided to the insured by this whichever is earlier. endorsement is limited as follows: a. In the event that the Limits of Insurance of 3. The Insurance provided to the insured by this this Coverage Part shown in the Declarations endorsement is excess over any valid and collectibleother insurance, whether exceed the limits of liability required by the primary, ex "written contract requiring Insurance", the excess, contingent or on any other basis, that is available to the insured fore loss we hover under insurance provided to the insured shalt be limited to the limits of liability required by that this endorsement. However, the "written "written contract requiring Insurance". This contract requiring insurance" specifically requires endorsement shall not Increase the applicable that this Insurance apply an a primary basis or a Limits of Insurance shown in the Declarations. primary and non-contributory basis, this Insurance is primary to other Insurance available b. The insurance provided to the insured does to the insured which covers that person or not apply to damages, loss, cost or expense organization as a named insured for such loss, arising out of the rendering of, or failure to and we will not share with that other insurance. render, any professional architectural, But the Insurance provided to the Insured by this engineering or surveying services, including: endorsement still is excess over any other valid (1) The preparing, approving, or falling to and collectible insurance, whether primary, prepare or approve, maps, shop excess, contingent or on any other basis, that is drawings, opinions, reports, surveys, field available to the insured when that person or orders or change orders, or the preparing, organization is an additional insured under such approving, or falling to prepare or other insurance. approve, drawings and specifications; A. As a condition of coverage provided to the and insured by this endorsement: (2) Supervisory, Inspection, archiiD & APFRQ nsured must give us written notice as engineering activities. By Risk MANAGEMEN1 Ditiel as practicable of an "occurrence" or an Unsulan!cie 10-02-2508 (Ed. 7.15) Includes copyright ervices Office, Inc., Page 1 of 2 with its permission. Insured: Paulus Engineering, Inc. Effective: 05101/2020-05101/2021 Policy Number: 54303106 offense which may result In a claim. To the extent possible, such notice should Include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit' is brought against the insured, the insured must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. The insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d. The insured must tender the defense and Indemnity of any claim or "suit' to any provider of other Insurance which would cover the Insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the insured by this endorsement is primary to other insurance available to the Insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition is added to SECTION V — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. REVIEWED & APPROVED By Risk. MANAGEMENT DivlsION Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., 10-02-2508 (Ed. 7-15) with its permission.