Loading...
HomeMy WebLinkAboutPAULUS ENGINEERING, INC. (8)A-2021-132-05A MAYOR Valerie Amezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez INSURANCE ON FILE VY'CRK MAY PROCEED UNTIL INSURANCE EXPIRES S I ! b- < CITY CLERK DATE: JUL 2 9 2M 0: PJ✓ Rf2) Paulus Engineering, Inc. 2871 E Coronado Street Anaheim, CA 92806 Attn: Jason Paulus, President CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza . P.O. Box 1088 Santa Ana, California 92702 W .santa-ana ore June 13,2024 ACTING CITY MANAGER Alvaro Nuflez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall Re: Extension of Agreement (A-2021-132-05) for Sewer System Repair Services Pursuant to Section 3 ("Term") of the above -referenced Agreement, entered into by Paulus Engineering, hic., and the City of Santa Ana, dated July 20, 2021, the time period of the Agreement is hereby extended for an additional two-year period, from July 20, 2024 through July 19, 2026. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerely, Nabil Saba, P.E. Executive Director, Public Works Agency CITY OF SANTA ANA av Alvaro Nunez el V Acting City Manager APPROVED AS TO FORM /A Ky)' Nellesen Assistant City Attorney ATTEST SANTA ANA CITY COUNCIL Valerie Artez"m Thal Vml Phan Benlamn Vazquez Jess. Lopez Phi Bacerm Johnalhan Ryan Hernandez eared Pene.za IAayor Mayor Pm Ten, Ward I WdM2 MM3 Ward4 Ward5 WerdB Vamexzoa�san.-ana.ora hVazeuezAsamaanaem less®.oe MaMaanaora PM,;9ha Asan.-ana om rvanhamantlea:dsan.ana or tlJ.bnabza'dlsan.ana om PAULUSENG 1LOPF7 'A14 R" CERTIFICATE OF LIABILITY INSURANCE OAT117/2D/YYYY) 6/17/2024 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 endorsemen s . PRODUCER Jessica Lopez Commercial The Brokerage PHONE Fax The Brokerage, an Ahsra Grou mpany • (AIC, N. E>:0: ' 9 335-0621 20261 SW Acacia St, Suite 20'�^I�, T,jl i .c Newport Beach, CA 92660 INSURER S AFFORDING COVERAGE NAIC p INSUREF T S P TY TVC P INSURED INSURr .B Paulus Engineering, Inc. INSU+ :R C 2871 E. Coronado treet INS .AERO: Anaheim, CA 928 nt RER COVERAGES I TAdlemicLilxiiii NIME • • SI . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED ',R r N HAVE BEEN ifl D AMED E F T POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR fJN',TION OF ANY CONTRACTOR 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 LTRTYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICDY EXP NYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X OT22-CO-tY47573A-TIL-24 5/112024 51112025 DAMAGE TO RENTED PREMISE ,man 300,000 MED EXP (Any one parson $ 5,000 PERSONAL&ADV INJURY 1+000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY PRO LOC 2,000,000 PRODUCTS - COMP/OP AGG OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E ant 1,000,00 ANY AUTO 810-1Y475612-24-26-G 511/2024 5/1/2025 X BODILY INJURY Per arson OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) AUTOS ONLY AUTOS ONLY Pe�acGRtlent AMAGE UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ A WORKERS COMPENSATION X PER OTH- STAT T ER AND EMPLOYERS' LIABILITY Y/N E.L. EACH ACCIDENT $ 1,ggg,gg0 ANY PERIME TOR/PARTNDED? CUTIVE UB-1Y475765-24-26-G 51112024 SI112025 NNR EXCLUDED? ❑ ) NIA `ManEabME^ 7 E.L. DISEASE - EA EMPLOYE $ 1,000,000 Hea describe under y E.L. DISEASE -POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, me be attached If more space Is required) RE: Master Agreement #A-2019-142-02; Agreement #A-2020.091-02; Agreement #A-2621-132-05; Santa Ana Emergency Work. glaipwv 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. Waiver of Subrogation for General Liability: See Attached Endorsement. SHOULD ANY OF THE ABOVE DESCI City of Santa Ana THE EXPIRATION DATE THEREI Risk Management Division ACCORDANCE WITH THE POLICY PF 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 C142_ - ACORD 25 (2016/03) ©1938.2015 ACORD The ACORD name and logo are registered marks of ACORD BE OY an.A ®' RI&l M1OlYg0110t[VNNI011 REMF&rED f, APPROVm BY: A-a.�:r Acw�ato Risk Management Specialist AGENCY CUSTOMER ID: PAULUS ENG JLOPEZ 7 ACORO` L_�_ LOC #: 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED 9 2871 E. Corronado Commercial The Brokerage Street Anaheim, CA 92806 POLICY NUMBER EE PAGE 1 CARRIER NAIL CODE EFFECTNE DATE: SEE PAGE 1 EE PAGE 1 SEE P 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Should this policy be cancelled before the expiration date, The Brokerage, an Alera Group Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* *Except 10 Days Notice of Cancellation for Non -Payment of Premium. ACORD 101 (2008/01) © 2008 ACORD C( �t RiskMougmadDh6lan REVIEWED& APPROVED BY: ' ' Ruk Management Specialist The ACORD name and logo are registered marks of ACORD POLICY NUMBER: DT22-CO-1Y47573A-TIL-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insure Risk MuRgmentmVisinn \� Rtim� AA&AA..PRPOvm���ft'- 'c® RBk Man -ju Ap CG D2 46 0419 C 2018 The Travelers Indemnity Company. All rights reserved. COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) 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. (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Risk Matwgmentoivislon 14 REVIEWED & APPROVED BY.' Risk Management Spedalist Page 2 of 2 0 2018 The Travelers Indemnity Company. All rights reserved. POLICY NUMBER: DT22-CO-1Y47573A-TIL-24 COMMERCIAL GENERAL LIABILITY c. MethodOFSharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts unfit it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non - Contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. C. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and C. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or ncnrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a websits that is about your gc for the purposes ol supporters is considE Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permission. Risk MrauganodDhislan - REVIEWED&APPROVin BY: °i .... � A+fr:r A�wtalo `�' Risk Management Specialist POLICY NUMBER: DT22-CO-1Y47573A-TIL-24 COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION 11 - WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or (b) First aid or "Good Samaritan services" by failing to provide "incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section II - Who Is An volunteer doctor. Any such "employees" Insured. or "volunteer workers" providing or failing D BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan services" -during their-workhours-for-you---Thefollowing-is -added -to-Paragraph-&.—,T-ransfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV - COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. If the insured has agreed in a contract or 3. The following replaces the last sentence of Paragraph S. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY- RAILROADS LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement of Risk M..9mentDIvIsIm ordinance relating to the sale of r9 RME ®Bv: Page 2 of 3 m 2017 The Travelers Indemnity Company. All rights reserved. R k Man qet speoAlst Includes copyrighted material of Insurance Services Office, Inc., with its permiss