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HomeMy WebLinkAboutUNITED STORM WATER, INC. (7)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 12. 31. 2otl _ CLERK OF COUNCIL DATE: A-2021-199 6 t7UA (G/► g 1 oakv) (v) FIRST AMENDMENT TO AGREEMENT TO PROVIDE SPILL RESPONSE HAZARDOUS WASTE DISPOSAL, AND STORM DRAIN FACILITY MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 5, ry 2021, by and between United Storm Water, Inc. ("Consultant"), and the City of Santa Ana, a o charter city and municipal corporation organized and existing under the Constitution and laws of c14 the State of California ("City"). r RECITALS A. The parties entered into Agreement No. A-2021-097-02, dated June 15, 2021, by which Consultant agreed to provide spill response, hazardous waste disposal, and storm drain facility maintenance services ("Agreement"). The term of the Agreement is for three years (with one two-year option exercisable by the City), and the Agreement remains in effect. B. The primary purpose of the Agreement is for spill response, hazardous waste disposal, and storm drain facility maintenance services, though the Consultant represents it is able and willing to provide COVID-19 Sanitization Services to assist the City in controlling the spread of COVID-19 and variants. C. The parties now wish to amend the scope of services to provide further COVID-19 Sanitization Services, and to adjust the amount to be expended under the Agreement using funds provided under the American Rescue Plan Act ("ARPX ). D. ARPA was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. E. The scope of services provided by Consultant is an allowable use under the SLFRF because it addresses public health risks related to homelessness and exacerbated by the pandemic, and because it improves conditions in areas of the City used primarily by underserved communities and/or in qualified census tracts. The Parties therefore agree: Section 1, Scope of Services, is amended to include COVID-19 Sanitization Services, as further described in Exhibit A attached hereto and incorporated herein by reference. 2. Section 2, Compensation, is amended to increase the not -to -exceed expenditure under the Agreement from $350,000 to $600,000 for the one-year term ending on June 30, 2022. As the recipient of ARPA SLFRF funds, Consultant will be required to comply with any and all compliance requirements for the use of SLFRF funds, any and all reporting requirements for expenditures of SLFRF funds, as well as compliance with 2 CFR 200.332 regarding pass - through entities. Page 1 of 2 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 hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: 4-- �1- Ryan 0. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA K�ilstine Ridge City Manager CONSULTANT vu Name: F40A Uo frAAH sr< Title: PR,[,SloK.,jr Page 2 of 2 EXHIBIT A SCOPE OF SERVICES A. COVID-19 SANITIZATION SERVICES 1. Contractor shall provide COVID-19 Sanitization Services at congregate settings and on high - contact surfaces throughout the public right-of-way including, but not limited to: a. Bus shelters; b. Street furniture; c. Signs; d. Waste receptacles; e. Park facilities; f. Santa Ana Regional Transportation Center (SARTC); g. City Hall; h. Libraries; i. Senior Centers; j. Other surfaces/locations identified by the City. 2. Methods to provide COVID-19 Sanitization Services shall include, but are not limited to: a. Pressure washing surfaces with disinfection solutions; b. Hand-wiping/scrubbing surfaces with disinfection solutions; c. Using a hand-held sprayer with disinfection solutions; d. Other methods suggested by Contractor and approved by the City. 3. Contractor shall manifest, transport, and dispose of all waste and wastewater generated from providing COVID-19 Sanitization Services to the satisfaction of the California Department of Toxic Substance Control (DTSC), the United States Department of Transportation (DOT), the United States Environmental Protection Agency (USEPA), the permitted disposal facilities receiving the waste or wastewater, and any other applicable Federal, State, or local regulations. No waste or wastewater generated from providing COVID-19 Sanitization Services shall be transported to the City's Corporate Yard for disposal. 4. Contractor shall only use disinfection solution(s) proven to be effective at eliminating COVID- 19. Disinfection solutions must be approved by the City prior to use. S. Contractor shall ensure all employees are supplied with and use adequate Personal Protective Equipment (PPE) while providing COVID-19 Sanitization Services. 6. Contractor shall establish a safe perimeter to ensure the public is not impacted while providing COVID-19 Sanitization Services. 7. Contractor shall immediately notify the City if any of its employees conducting COVID-19 Sanitization Services test positive for COVID-19 and shall take all necessary precautions, as recommended by the Orange County Health Care Agency, to mitigate the spread of COVID-19 to City Staff and the public. Page Vof2 EXHIBIT A 8. Contractor shall implement Best Management Practices (BMPs) to ensure no disinfection solutions or wastewater are discharged into the City's stormdrain system and there are no negative environmental impacts associated with COVID-19 Sanitization Services. Contractor shall immediately notify the City in the event any disinfection solutions or wastewater are discharged into the City's stormdrain system. 9. Contractor shall document all COVID-19 Sanitization Services and send the City weekly updates, including photos and dates, of each location sanitized. Page 2 of 2 Digitirson yTori Tori Pierson Datea2102.01.11615:15:16e08'00' ACOR" CERTIFICATE OF LIABILITY INSURANCE `..►� DAT1'MM/DD/YYYY) 1/4/2022 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(ies) 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 Bolton Insurance Services LLC CONT NAMEACT 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 a"c°NN Ext: 626 799-7000 FVC,No: 626 583-2117 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Zurich American Insurance Company 16535 www.boltonco.com 6004772 INSURED United Storm Water, Inc. 14000 East Valley Blvd. INSURER B: Steadfast Insurance Company 26387 INSURERC: Endurance Risk Solutions Assurance Co 43630 INSURER D7 City of Industry CA 91746 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: FFna71.27 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ GL0045648400 12/31/2021 12/31/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE 11/1 OCCUR DA AGE RENTED 'REMIS ESTo(Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 PRO - POLICY ✓� ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY BAP041471000 12/31/2021 12/31/2022 Ee aBINEDtSINGLE LIMIT $ 1 ,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ ✓ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY B UMBRELLA LAB �/ OCCUR SXS096507000 12/31/2021 12/31/2022 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LAB CLAIMS -MADE DED ✓ RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICER/MEMBER EXCLUDED? ECUTIVE ❑N N /A WC045648700 12/31/2021 12/31/2022 v/ STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 B Pollution Liability - Claims Made PEC068647700 12/31/2021 12/31/2022 $15,000,000 Each Claim/Agg / $25,000 Ded. B Professional Liab - Claims Made PEC068647700 12/31/2021 12/31/2022 $15,000,000 Each Claim/Agg / $25,000 Ded. C Excess Liability XSC30014805200 12/31/2021 12/31/2022 $5Mil xs of $10Mil Ea Occ/Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: Agreement #A-2021-097-02 & A2021-199 (1 st Amendment) GL Additional Insured applies per UGL2162ACW0219 attached, only if required by written contract/agreement. GL Primary & Non -Contributory Wording applies per UGL2162ACW0219 attached. Excess Policy follows form. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers and employees. CERTIFICATE HOLDER CANCELLATION Agreement #A-2021-097-02 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 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 Cassandra Rosales © 1988-2015 ACORD 25 (2016103) The ACORD name and logo are registered marks of ACID 66097137 1 UNITPUM-01 121-22 All Lines I Alias Lopez 11/4/2022 2:16:01 PM (PST) I Page 1 of 5 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GL0045648400 Effective Date: 12/31/2021 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, & APPRo veD ft. 6,t -, n", Includes copyrighted material of Insurance Services Office, Inc., with its permission. 66097137 1 UNITPUM-01 121-22 All Lines I Alias Lopez 11/4/2022 2:16:01 PM (PST) I Page 2 of 5 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. & APPRavm 9r. -, n", 6,t Includes copyrighted material of Insurance Services Office, Inc., with its permission. 66097137 1 UNITPUM-01 121-22 All Lines I Alias Lopez 11/4/2022 2:16:01 PM (PST) I Page 3 of 5 B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by ar endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: & APPRavm ft. �_, n", 6,t — ��1Rmi, A4anage —1 Cl eriral Aadie Includes copyrighted material of Insurance Services Office, Inc., with its permission. 66097137 1 UNITPUM-01 121-22 All Lines I Alias Lopez 11/4/2022 2:16:01 PM (PST) I Page 4 of 5 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; 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. All other terms, conditions, provisions and exclusions of this policy remain the same. & APPRavm ft. �-, n", 6,t Prow Includes copyrighted material of Insurance Services Office, Inc., with its permission. 66097137 1 UNITPUM-01 121-22 All Lines I Alias Lopez 11/4/2022 2:16:01 PM (PST) I Page 5 of 5