HomeMy WebLinkAboutUNITED STORM WATER, INC. 6B - 2013 • AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions.
The agreement with United Stormwater, Inc.
No. 2013-114-03 was completed on June 30, 2017
and final payment has been made.
Department: PWA/Construction Engineering
. 0.-----
Signature:
Date: May 11, 2020
City of Santa Ana
Clerk of the Council
Revised 05-22-08
INSURANCE ON FILE
WORK MAY PROCEED
AIIII INSURANCE EXPIRES
CLERK OF COUNCIL
DATE:
I SECOND AMENDMENT TO CONTRACTOR AGREEMENT
t THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2014, by
and between United Storm Water, Inc., a California corporation ( "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"),
i tab
r ?J RECITAES:
A. The arties entered into that certain Agreement 4 A2012 -105 dated June 4 2012
p gr , , ,(hereinafter
"said Agreement") by which Contractor has provided emergency spill response to prevent
discharges from entering the storm drain, and scheduled storm drain cleaning services. On
July 15, 2013 the City exercised its first option to amend the agreement, by which the Parties
extended the term of the Agreement and increased the annual compensation payable to the
Contractor.
B. In accordance with the terms and conditions of said Agreement, as amended, the City desires
to exercise the second option to renew said Agreement for an additional one -year term.
WHEREFORE, in consideration of the covenants contained in said Agreement and the First
Amendment to the Agreement, and subject to all the terms and conditions of said Agreement as
amended, the parties agree as follows:
1. Section 4, TERM, shall be deleted in its entirety and replaced with the following:
"This Agreement shall commence on July 1, 201.2 and terminate on June 30, 2015, unless
terminated earlier in accordance with Section 13, below. The term of this Agreement
may be extended for up to two additional one -year ten-as, at the option of the City
Manager."
2. Except as hereinabove amended, all terms and conditions of said Agreement, as amended,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
�� fi �
arra D. Huizar
Clerk of the Council
CITY OF SANTA ANA
David avazos
City Manager
A -2013- 114 -01
APPROVED AS TO 1= RM:
osep "traka
Assistant City Attorney
RE �TDED T ROVAL:
Edwin "William'' ue , P,E.
Interim Executive Director
Public Works Agency
UNITED STORM WATER, INC.
vVl
Eduardo Perry, Jr,
President
AC-OP0, CERTIFICATE OF LIABILITY INSURANCE
DATE IMMIUMMY I
12/30/2013
P8001LcER 213. 553. $400 FAX 213.5533466
il-iis CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION
TWilShire Insurance Agency
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
835 Wilshire Blvd., 4th Floor
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXPEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Los Angeles, CA 90017-2603
. .....
INSURERS AFFORDING COVERAGE I NAIC #
Service, Inc,
71
_r.* _ RA —St a-_ 'Indemnity — — nit- y-.... - - "_
NSLI r r Ei abi 11 L) cc
United Storm Water, Inc.
-- - ----- - - -
s ITERE Federal Insurance Company 20281
4 Lease, Inc.
. .... ....
14000 East Valley Blvd.
11 SI';4.R II
City of Industry, CA 91746
!HF r-OLI ;IFS OF INSILIPAN,-F Lis rED HAVE
BEEN ISSUED TO NIS INSURED NAIVE jASOVE I'OR THE POLICY PERIODINDICAlf-O N()Tv_vmjFrTN_D7W_
ANY REQUIREMENT. TERNIORC01,10ITIONC)i ANYCONTrW,:I OR OTHER DOCUMS.141 VvH'H Rc8PF,,cr TOWHIMI THIS CERTIFICATE MAYBE ISSUED OR
6
W
LIAY PERTAIN THr INS ICE AFFORDED BY THE
POLICIES DESCRIBED HEREIN 15 SlUeJEC-, TO ALL THE TERMS EXCLUSIONS AND CONDI I ONS OF Su'FI
1, 'ES AGGREGAFF c,ILIITS HOV,NJ'AAY HAVE BEEN
REDUCED BY PAID CI,AII'Is
i'M !411Q Y Pe Of INSURANCE
POLICY NUMBER I POCCY EFFECTIVE POLICY EXPIRAITON
VAMAIh IM001"I LIMITS
aEHE11AL UABILM
SLSLEIL720235141 12/31/201. 12/31/2014 EACHr ,LURREN',' 1,000 }Q00
X
so 000
CLAIM, W,0 X
ME 5 000
A
PEPCONA, NOV lNjTr,; 1, Go, 000
1,000,000
GY N'I, A
21000.000
AUTOPVIOEELELIABI Ci
SISIPCA09223614
12/31/2013 1 12/31/2014
X I ANY A fr�
ICA 'w 001)
000, 000
HOO4 y 141IR f
AUTOS
X
HOW, V IA WRY
X NCI; OL.'%-C ',,'Trs
MCS-90
CARAGE LIABILITY I
AITTI'INLY FACF'E!1W
ANY AL -0
OrTLY" TK ; f A AC 11 C
z
AL;",
EXCES8M&mF1EL1_AL1AM1_n7Y I
SLSLXNV73017414
12/31/2013 1 12/31/2014
FACH-!C(_),-REHCE
91000,000
_j �LA Y�NIA��
AGGRFA�A, F
i 9,000, poo
A
0044727244
12/31/2013 12/3__
W)RKLI15 COMPENSATION AND
IT, 0YERS'LlAiW ITY
F L EACL,,CCI0FH1
1,00o'000
N, I OF I' TL,qPAR TN.RF. ,X-M
I
L c rA.
E, 11000,000
"I' "q' P I"JIIIS �L's
i' L 00�_EASE' _VrLICY71,11T
I
I'D ulion Liability
12/31/2013 12/31/2014
Pollution Limit: $1,000,000
`;Professional Liability
Professional Limit: S1,000,000
1i(laims Made
r __ _L______L_LGGREGAl-E
Limit: $1,000,000
(ICSCIOPTIC.P. OF OPERABONS 1 LOCA'IONS I VENICLE? I EXCLOWNS ADDED IV EXOqSEImNT -SP-CAL PHOViSOLS
H City of Santa Ana, icers, agents, Volunteers and employees are included as Additional
Insured, with this insurance Primary
and Non-contributory, as per the attached CL endorsement forms
CG20370413 and #OG-023 (06/11).
LxcLpt 10-Days Notice9
wwoffllatiroit,i[In
Tilie; event of non- payment of premium.
1OLDER
_ );ILLATION
SHOULD A11A OF THE ABOVE DESCRIBED POLICIES BE CAN CEUr-M 69FOnE THE
EXPIRAFMN OATS THEREOF THE ISSUING NSURER WILL E',DEAVOR TO MAIL
City of Santa Ana
.30—DIIYS',',F(ITTEtl! IOTICF.TOI'IIECI.rTIFICArERC�LDERN�,KILI)TOTI'CLEFl.
Pulul ic Works Department
allT FAILURE TO MAIL SUCH NaT�. tPOSE NO OBUrATLOH OR._[t,
LL "PO"' Ho
21) Civic Center Plaza M-36
___aFANY UND OPUN THE IN56IIRIT� ITS Gm'I1SO1.!EPPESENTAHnb
Santa Ana, CA 92701
R iZE D A E P ZRI F CFnAm'. -7T
71
ACORD 2512001/08) 'ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this cortifcate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACDRD 25 (2007108)
,Starr Indemnity & L abilify Company
Dallas, TX 1.866.519.2522
Primary and Non -contributory, Additional Insured and
Waiver of Subrogation
Policy Number: SLSLEIL72023514 Effective Date; 12/3112013at 12:01 A.M.
Named Insured: United Pumping Service, Inc.: United Storm Water, Inc. :4 Lease, Inc,
This endorsement modifies the insurance coverage form($) listed below that have been purchased by you and
evidenced as such on the Declarations page. Please read the endorsement and respective policy(ies) carefully.
Commercial General Liability Coverage Form
Owners and Contractors Protective; liability Coverage form
ProduclslCompieted Operations Liability Coverage Form
Contractors Pollution Liability Coverage Form
Professional Liabilily Coverage Form
Site Pollution Liability Coverage Form
SCHEDULE
All as required by written, signed or executed contract.
A. SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the
schedule of this endorsement, bell only with respect to liabilily arising out of "your work" for that insured by or for
you.
F1, As respects addillonal insureds as defined above, Ibis Insurance also applies to "bodily injury" or "property
damage" arising out of your negligence when the following written contract requirements are applicable;
1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available
to these additional insured'S shall apply as excess and not contribute as primary to the insurance afforded by
this endorsement.
2. We waive any right of recovery we may have against these additional Insured's because of payments we
make for injury or damage arising out of your work" done under a written contract with the additional Insured,
3. The term insured is used separately and not collectively, but the inclusion of more then one insured shall not
increase the limits or coverage provided by this insurance.
Insureds and Agents are advised that certificates of insurance should be used only to provide evidence of Insurance
ire lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend, expand or
otherwise alter the terms of the actual policy.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED,
Signed for STARR INDEMNITY & LIABILITY COMPANY
ahemiah E Ginsburg, Generat Counsel
Charles H, Dangalo,, resident
51�Ft 14dc1F�ne1y ty, \:�ati�idty CamPanY' ,urm�b°`on °rarvr,rr.
\5
POLICY NUMBER: SLSLEIL72023514 COMMERCIAL GENERAL LIABILITY
CC 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(r)
Or Organization(s)
Location And Description Of Completed Operations
BLANKET COVERAGE
AS REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT
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
organization(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 endorsement
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 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 the insurance afforded to these
additional insureds, the following is added to
Section III -- Limits Of Insurance:
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.
CG 20 37 04 13 C) Insurance Services Office, Inc., 2012 Page 1 of 1
NAIC #
www.boltonco.com 0008309 _ INSURER A Steadfast Insurance Company
INSURED INSURER B : Zurich American Insurance Company�_
United Pumping Service, Inc.
United Storm Water, Inc. INSURER c
4 Lease, Inc. INSURER D:
14000 East Valley Blvd. INSURER E:
City of Industry CA 91746
COVERAGES CERTIFICATE Nl1MRFR- 9,ina~3arn RFVIfiION NIIMRFR-
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
SUER
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MMD/YYYY
/D
LIMITS
A
✓
COMMERCIAL GENERAL LIABILITY
✓
GPLOO8626700
12/31/2014
12/31/2015
EACHOCCURRENCE
$ 1,000,000
CLAIMS -MADE OCCUR
✓
DAMAGE TO RENTED
PREMISES Ea occurrence)__
$ SO,000
MED EXP (Any one person)
�-
$ 5,000
PERSONAL_& ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
AGGREGATE
$ 4,000,000
POLICY EJ JECT LOG
_GENERAL
PRODUCTS - COMP /OP AGG
$ 2,000,000
I
_
$
OTHER:
B
AUTOMOBILE
LIABILITY
BAP008625100
12/31/2014
12/31/2015
EO aBINEDtSINGLE LIMIT
$ 1,000,000
BODILY INJURY (Per person)
$
✓
ANY AUTO
1✓
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
NON -OWNED
HIRED AUTOS V/ AUTOS
PROPERTY DAMAGE
Per accident
$
A
UMBRELLA LIAB
�/
OCCUR
SXS008626800
12/31/2014
12/31/2015
EACH OCCURRENCE
$ 9,000,000
AGGREGATE
_
$ 9,000,000
✓
EXCESS LIAB
CLAIMS -MADE
DED I ✓ I RETENTION $0
f
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY �. / N ANY PROPRIETOR /PARTNER/EXECUTIVE
WC008625000
12/31/2014
12/31/2015
�/ STATUTE ORH
E.L. EACH ACCIDENT
$ 1,000,000
OFFICER /MEMBER EXCLUDED? F-]
(Mandatory in NH)
N / A
E.L. DISEASE - EA EMPLOYE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1 $ 1,000,000
A
Pollution Liability
GPL008626700
12/31/2014
12/31/2015
1,000,000 Each Claim
A
Professional Liab - Claims Made
GPL008626700
12/31/2014
12/31/2015
1,000,000 Each Claim
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
GL Additional Insured and Primary & Non - Contributory wording applies per the STFESP101 ECW0910 attached as required by wirtten contract.
Re: Operations of the Named Insured. Additional Insured(s): City of Santa Ana, its, officers, agents, volunteers and employees.
UNITED STORM WATER A -2 (..)13- °I'14-0'1 REVIEWED BY. z??"?' � � Z.—I &mtlNICE FiPPEDIA (PG '1 of 4)
City of Santa Ana
Public Works Department
20 Civic Center Plaza M -36
Santa Ana CA 92701
AUTHORIZED REPRESENTATIVE
Cassandra Rosales
071988 -2014 ACORD CORPORATION, All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
CEAT NO.: 230936S5 CLIENT CODE: UNITPUM 01 N'- icy Cadwallader 1/16/2015 3:;37.97. NM (P9'1) Pace 1. uf 4
Contractors
Coverage Part One-Commercial General Liability
Coverage Part Two-Contractor's Pollution Liability
m
ZURICH
--..-.---7Exp. Date of P7ol Eff. Date of End. Producer Add'l Prern, Return Prern.
Policy No. Eff. Date of Pol,
GPL008626700 12/31/2bl4 __ [_1 -2/31/201
UNITED PUMPING SERVICE, INC.
14000 VALLEY BLVD
CITY OF INDUSTRY, CA 91746-2801
Producer:
BOLTON &COMPANY
PO BOX 603O
PASADENA, CA91102-003O
This endorsement modifies insurance provided under the following:
Environmental Services Package Policy
1X:1 COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY
�� COVERAGE PART TVYU'CONTRACTOR'G POLLUTION LIABILITY
1. Who is an Insured (Section 1.) in the COMMON COVERAGE PROVISIONS is amended to include as an insured any
person or organization whom you are required to add as an additional insured on this policy under a written contract
nr written agreement.
2. The insurance provided to the additional insured person or organization applies only to:
o. "Bodily inju�� "property damage" or ^pemnnm| and advertising injury" under COVERAGE PART
ONE-COMMERCIAL GENERAL LIABILITY, COVERAGE - BODILY INJURY AND PROPERTY DAMAGE
LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole orinpart,
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on your behalf;
and resulting directly from:
(a) Your ongoing operations performed for the additional insured, which is the subject of the written contract
or written agreement; or
(W "Your work" completed as included in the "prod ucts-oompieted operations hazend^, performed for the
additional insured, which is the subject of the written contract or written agreement; and/or
b. "Claims" arising out of "pollution even[' under COVERAGE PART TWO - CONTRACTOR'S POLLUTION
LIABILITY, caused, in whole or in part, by:
(1) Your acts or omissions; or
oTF-EaP-101-Emw(09m0)
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UN|TE�STO��VVATE���O13-114�1 REV|EVVEDBY�^��� ��** / ''` EUN\CEHEREQ|A (PB,2of4)
(2) The acts or omissions of those acting on your behalf,
and resulting directly from:
(a) "Covered operations" performed for the additional insured, which is the subject of the written contract or
written agreement; or
¢4 "Completed operations" of the "covered operations" performed for the additional insumd, which is the
subject of the written contract or written agreement.
3. However, regardless of the provisions nf paragraphs 1. and 2.above:
a. We will not extend any insurance coverage to any additional insured person or organization:
(1) That is not provided Uo you inthis policy; or
(2) That is broader coverage than you are required to provide tothe additional insured person or organization in
the written contract or written agreement; and
b. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
(1) The Limits of Insurance provided to you in this policy; nr
(2) The Limits of Insurance you are required to provide in the written contract m written agreement.
4. The insurance provided to the additional insured person or organization does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render
any professional architectural, engineering or surveying services including:
a. The prepmhng, approving or failing to prepare or approve mapa, shop drawings, npioiono, mporta, pum*yo, field
orders, change orders or drawings and specifications; and
b. Supervisory, inspection, architectural or engineering activities.
5. The additional insured must see to it that:
a. We are notified as soon as practicable of an lmoumance", offense or "pollution evanr, as app|icab|e, that may
result in a claim;
b. VVe receive written notice ofa claim or"suiroo soon as practicable; and
o. 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-cnntributory,
0. For the coverage provided by this endorsement:
a. The following paragraph io added ioParagraph O.a. Other Insurance, Conditions (Section V.)in the COMMON
COVERAGE PROVISIONS:
This insurance in primary insurance as respects our coverage to the additional insured person or organization,
where the written contract or written agreement requires that this insurance be primary and non-contributory with
respect to any other policy upon which the additional insured is a Named Insured. |n that event, wm will not seek
contribution from any other such insurance policy available to the additional insured on which the additional
insured person or organization iea Named Insured.
b. The following paragraph ie added toParagraph R.U. Other Insurance, Conditions (Section V)in the COMMON
COVERAGE PROVISIONS:
This insurance is excess over:
Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional
ineured, in which the additional insured on our policy is also covered as an additional insured on another policy
providing coverage for the same ^oouunenm", offeoee, claim or "suit". This provision does not apply ho any
urpsop101-Eow(0en0)
Page 2nro
UN|TED G�JR�VVATEH A'2U13-114-01 REV|EVVED BY� ���n �� �� �' EUN|CE HERED|& (PG � 3of4)
cf,"�rNO. oo9 3 6s, ol,i=N,cOD^. "q ]'I P"""� =",-,yc.d°�I,* 1/16/2011, ,.`'.^` = 'wm Plr 3 of 4
policy in which the additional insured is a Named Insured on such other policy and where our policy is required by
written contract or written agreement to provide coverage to the additional insured on e primary and
non-contributory basis.
7. This endorsement does not apply man additional insured which has been added to this policy by an endorsement
showing the mddNnne| insured in m Schedule of additional ineureda, and which endorsement applies specifically to
that identified additional insured.
UVINOMMI
UNFI-ED8TDRM WATER A-2013-114O1 RENEVVEDBY
arF-sap`101-Emw(09/10)
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EUN|CEHERE0A (PG 4of4)
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