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HomeMy WebLinkAboutNICHOLS CONSULTING ENGINEERS (NCE) 1AN-2017-142-01 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martlnez COUNCILMEMBERS P. David Benavides Vicente Sanlento Jose Solorlo Sal Tinajero Juan Viilegas C(,WYREAIT sZURANCE NOT ON FILE AA CLAY NOT PROCEED A CLERK OF COUNCIL DATE: 1111 2 2 2018 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza M-36 a P,O. Box 1988 M-36 Santa Ana, California 92702 WWW.santa-ana.orq NCE (Nichols Consulting Engineers) 17050 Bushard Street, Suite 200 Fountain Valley, CA 92708 May 11, 2018 Re: Extenslon of Consultant Agreement No. N-2017-142 CITY MANAGER Raul Godlnez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Pursuant to Section 3 ("Term") of the above -referenced Agreement, entered into by NCE and the City of Santa Ana, dated June 15, 2017, the term of the Agreement is hereby extended for a one (1) year period, from July 1, 2018 through June 30, 2019. The 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, Edwin "William" Galvez, E. Acting Executive Director, Public Works Agency CITY OF SANTA ANA Raul Godinez II City Manager APPROVED AS TO FORM kln�%. fi rJNi. Funk ssisNitant City Attorney ATTEST Maria D. Huizar Clerk of the Council SANTA ANA CITY COUNCIL Mlyuel A. PNido Michele Martinez Vicente Sarmienlo Jose Solana P. David aenavides Juan Yllepas Sol Tioalero Mayor Mayor Pro Tom, Ward 2 WaM 1 Ward 3 Ward a Ward 5 Ward 6 o tle(n153nla9na Nn ,nimorrnezrd`sanla-ana arj -salon. san n-ana.NQ tlbenaNQeS(dsanla-ana.or WlenasAsanla-6n3CYa_ — bllnaierc@v'.inla-an3.o'S _. NICHCON-02 GRAI CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 5/17/2019 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 endorsements . _ PRODUCER License # OE67768 _RI - Erica Wilson _ IOA Insurance Services PHONE —� 4370 La Jolla Village Drive (AM,No,Ext: 858 754-0063 50233 vc,Nn: Sig) 574-6288 Suite 600 J6,. Erlca.Wilson@lolausa.com San Diego, CA 92122 IKIRLJRF3091 AFFORDING COVERAGE NAIL N INSURED Nichols Consulting Engineers, CHTD 1885 S. Arlington Ave., #111 Reno, NV 89509 F: Insurance 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. ISR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS MILXM A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,DDD,DDD CLAIMS -MADE ❑ OCCUR X PSR0003222 5/17/2019 5/17/2020 TO RENTED 1,000,000 R ISES;(Faoccurrence]„ X Cont Liab/Sev of Int I MED EXP (Anr one oerean) 5 10,000 GEN'L AGGRE��'.� LIMIT APPLIES PER: PRO - I X I PRO- ❑ P}ZQOUCTS-COMP/OPAGt3 2,DDU,UOD POLICY I •' JECT LOC Deductible 0 OTHER. A COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITYfl $ X $ ANY AUTO X PSAGOO1184 5/17/2019 5/17/2020 BODILY INJURY, ar own BODILY INJURY(Paracclda t OWNED SCHEDULED AUTOS ONLY AUTOS P.ROP�EcIRdTe'lnIpAMAGE DD AUTOS AU7�TULY' rx ONLY Comp.: $500 Coll.: $500 X A UMBRELLA LIAB X OCCUR r EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE IP$E0003030 5/17/2019 5/17/2020 X &GGREGATE 5,000,000 DED X RETENTION$i f A WORKERS COMPENSATION X PER O7H- AND EMPLOYERS' LIABILITY Y / N pSWfl©01955 ANY PROPRIETOR/PARTNER/EXECUTIVE X 5/17/2019 5/17/2020 1 _E.Iw -E,&CH ACC [DENT 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L..I715Fr49E -EA E PLO EE 1,000,000 It s, descrliLm sander DESCRIPTION OF OPERATIONS below E1. DISEASE -POLICY LIMIT 1,000,000 B Prof LiablCims Made PKC108625 51i7120'9 511712020 Per Claim 2,000,000 B Ded.: $10k Per Claim PKC108625 5/17/2019 5/17/2020 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement Nos. A-2017-172 and A-2017-290 City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 Days Notice of Cancellation with 1 Days Notice for Non -Payment of Premium in accordance with the policy provisions. REV WED BY: CERTIFICATE HOLDER CANCELLATION RIsIC Manhigem nt Ol 51Ori SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ` City of Santa Ana I AUTHORIZED REPRESENTATIVE M-36 PO Box 1988 ]Santa Ana. CA 927Q7 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSB0003222 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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 additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page i or i Named Insured: Nichols Consulting Engineers, CHTD 1-his endorsement modifies insurance provid6id Under' the tollow.1no." BUSINESS AUMCOVERAGE-FORM A. 0roadFarm NAmedInsured 'The following is added to.. the SECTION.11 — LIABILITY Coverage,: Paragraph-A.I. Who Is -An Insured Provision: Anybusiness entity newly.acqUired or formed by you during the policy perie-d, provided. you. own fifty percent (50%) or more of the business entity and the business entity, is not separately insured: for Business. AiAo Coverage: Goverage is extended up to a: maximum :of one hundred eighty (.1.80:Y days following, the acquisition. or formation of the business entity. Thi.a provision;. does- not. apply to any person. or. .orQanization for which coverage is excluded by., en dmernent. B. Employees As Insureds The, following is: added to the SECTION 1.1 — LIABILITY O.QVE KA-GE, Fdragraph A.I. Who It A" Insured Provision: .Any "employee" of yours it an "insured" while using ;P, covered - "auto" you don't. own., hire Or Ocirrow in your bLpine.5s or your Personal W. gffa rs. C. E311prikitt'Addlitional lu.sur.64 `Th(following is added to thO. SECTION...11. — LIABILITY COVERAGE, Faragrqp.h -A. 1. Who: It. An Insured Rrovision: Any persiori or oF10ailization that you are, required to include as an additional insured on :this cover -age form in a contract or agreement that is executed by you b0fore the 1odily injury" or 'property damage" or,purs is an 'insured". for 100flity- coverage, but only for damages to which this insurance appliesand otity W the. exlienl. LhaL penaorj or uryo.rifzal.ioli qualifies. �s an 10_fired" under the,.Mn o 19 A Insured. provision- contained- in SECT[.ON 11 — LIAE11LITY COVERAGE. I tie insurance provided to,the. additional. Insured Nivill be on:a primaryand non-contributorybasis to the additi-onal inSLIf-ed'S ovuh business. .0 erage if you are. required to do so' in a contract t or zqreOmerif- that is executed by you before the "Oodi . Iy injury" Or "property damage" occurs. D. Blanket Waiv.er Of. Subrogation. The following is added to the' SECTION IV — BUSINESS: AUTO OONDITIONS, A. 1_656 Conditions, 15: Transfer Of Rights: Of Recovery ;Ag ainst 01t1ie.r.5 To. Us: 0PAS00 03 11 Policy Number: PSA0001 184 -WO Waive any rightof reooyery we may have against any'person.or organization to the extent required of 'you by 'a contract executed prior t6 any ",RCoj6Dntlor provided 'that the i'accidont". nF floss" :arises out of the operation* contemplated by such contract. The waiyer applies only to the person or drganization%de-signated in Such contract. E. Employee Hir-ed,Autos: I. The fallowing is. added to the :.SCOTION 11 � LIABILITY: COVERRAG IE- Paragraph A.I. Who Is An Insured Pirovision: Air "urriployee'.' oF yours- ilu,arl "ilismod" while operating an, "aultd! hired or rented under a contract or agreement in that "employee's" name, -with Y,01_11- Dermission, ;while performing duties related to*the conduct of your business. - 2, Changes In Gen e ial Conditions: !4,aragrapm S.b, of the: otner insurance Condibon in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following; b, For Hired Auto Phy8iGal C$a1age. Coverage, the - following are -deemed to be covered "auto e'yqu:own: (1:j Any covered "auto!' you lease, hire.: Tent or'borrow; arid (2).Any, covered `<aUtd' hired or riorited by. your "employ..."" Linder a Qontrat,-Hn.that individual "employeds" name, with .your pe-rilli-ssion, while perrurmh-.Ig dubtm .related to the cotIdLict of yo(g.businpa& However, any, '�atitd' that is rased, hired, r0hted or borrowed with adrivet is not 8 covered: "auto Fe,11ovy. (Employee. Coveragq SECTION 11 — LIABILITY GOVEIA-AGE, Excluslo.n B.S, does. not apply if you ti&vo workers compensation insurance inJarce covering all of your G. Auto,. Loan Lease: Gap: Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of'Insur.Inc.0, is amended by the addition 6f'the foll6wing: In the.. event of a, total "loss" to 4 *bovered "auto" showh in the Schedule of Qeclarations we will pay anyunpaid artiount due on thelease or n for a oovei�ed "auto". less: �7 v71. I1(1 I Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSW0001956 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement