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HomeMy WebLinkAboutPAULUS ENGINEERING, INC. (5)lWe URARCE ON FILE OR fv%AY PROCEED �tIL INSURANCE EXPIRES S-1'aa LERK OF COUNCIL A-2021-190-02 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGREEMENT WITH PAULUS ENGINEERING. INC. �rj"`NUVras�I"I.Lerrdtr� fi4 THIS FIRST AMENDMENT is entered into on this 2 1 " day of September, 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. On December 1, 2020, the City entered into Agreement A-2020-245-02 ("Agreement") with Paulus Engineering, Inc., to provide on -call asphalt pavement, concrete pavement, and stormdrain repair services for a three (3) year term until November 30, 2023, with all option for the parties to extend the Agreement for up to one (1) two-year period. The Agreement is current and in effect. B. Contactor is one of four selected contractors providing services on an on -call basis and shares an aggregate compensation as detailed in Section 2.a. of the Agreement. C. The parties now wish to amend the Agreement to increase the shared aggregate amount of the compensation to pay for emergency services recently discovered by the City. The Parties therefore agree: I. Section 2a, COMPENSATION, shall be amended to increase the shared aggregate compensation in the amount of $1,600,000. Therefore, the total shared aggregate amount shall not exceed two million five hundred thousand dollars and zero cents ($2,500,000) to pay for the additional emergency services during the term of this agreement, including any extension periods. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SnAN�TA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] APPROVED AS TO FORM: Sonia R. Carvalho City Attorney s Jo Jose ntoya Deputy City Attorney FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR: J a sJ�1 l ce�. � cis Francine R. wYaaa,.;,aaa yFran....Y Villareal vna,aeoa,:mn.ays,aa„aamv PAULUS ENG .H npF7 , CERTIFICATE OF LIABILITY INSURANCE DATE i 'l 5/7/2021 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 Me CT THE 20 611 SW Acacia a StGE ., 200AL INSURANCE SERVICES, Inc. Newport Beach, CA 92660 jaCC,,, No, Eat): (949) 287-5677 FAX (A/C, No): A'!%'NkSS- INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: Executive RISK Indemnity, Inc. 35181 INSURED INSURER B: Federal Insurance Company 20281 INSURER C: Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 INSURER D: INSURER E : INSURER F : COVERAriFS rFRTIFIPATP MIIIkr4CC ' V,YIp CR: 1 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. IILTRNSR TYPE OF INSURANCE AOOL INSDEACH SU%R POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR x 54303105 5/1/2021 5/1/2022 OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDPREMISES (Ea 100,000 MED EXP An one emon 5,000 PERSONAL& ADV INJURY 1 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY �X JECT � LOG GENERALAGGREGATE 21000,000 GENT PRODUCTS-COMPIOPAGG 21000,000 OTHER: B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTNOSWONL� 54303104 5/1/2021 5/1/2022 EOMBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJURY Per arson $ BODILY INJURY Per accident $ PeOr acc Eent AMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION$ B WORKERS ND EMPLOYERS' LIABILITY YIN ANYSERIMEETORIPARTNDED? CUTIVE ❑ EXCLUDED? QQppFICERry In full If Ifyes,doryin NH) escribe under OF OPERATIONS below NIA 54303106 5/1/621 5/1/622 j( PER STATUTE ETH E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES ((ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) RE: City of Santa Ana Agreement A-2020-215- ; Install Speed Cushions. glaip City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701, Its Officers, Employees, Agents, Volunteers & Representatives are named as Additional Insureds as respects General Liability per Attached Endorsement. This Insurance shall apply as Primary and Non -Contributory per attached endomment. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE � ri"as„� Risk ManaBement Diviel0n RENEWED & APPROVED Sr. ACORD 25 (2016103) ©1988-2015 ACORD C The ACORD name and logo are registered marks of ACORD Risk Management Analyst AC ORO AGENCY CUSTOMER ID: PAULUS ENG LOC #: 0 ADDITIONAL REMARKS SCHEDULE AGENCY THE BROKERAGE COMMERCIAL INSURANCE SERVICES, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 INSURED Engineering Inc. . Coronado Street im, CA 92806 NAIC CODE iEE P 1 EFFECTIVE DATE: JLOPEZ Page 1 of 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liab'IRV Insurance Cancellation: *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.* *Except 10 Days Notice of Cancellation for Non -Payment of Premium. , "gtno RLAManagm IDMslan \�s REVIEWED$ APPROVm BY: ACORD 101 (20081011 1@2008 ACORD CO 11%1�_' Risk Management Analyst The ACORD name and logo are registered marks of ACORD Insured: Paulus Engineering, Inc. Effective: 05/0112021-05/01 /2022 Policy Number: 54303105 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT, ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT. 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", "property damage" or "personal and advertising injury' 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 for the additional insured(s) at the location(s) designated above. 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 additional exclusions apply: This insurance does not apply to 'bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 g .1.,. Risk Mvngm erdDhieimt y� j\% [IbmE & AP'PrR�O�V/®BY�: �;3r+.ullL� r MNY.N.t �. V�cuM1ascC Ruk Management Analyst I ❑EEred =i=i= E 00o eerUOd u EMeaer05rr01 T-,DFA 105V aDFL ❑N00 Eer-54303105 C. 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. Page 2 of 2 © Insurance Services Office, Inc., 2012 RA MntugemadDMsla t ReAeRM & APPRMM Br. `��' Risk Management Anatyst Insured: Paulus Engineering, Inc. Effective: 05101/2021-05/01 /2022 Policy Number: 54303105 COMMERCIAL GENERAL LIABILITY CG20370413 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(s) Or Organization(s) Location And Description Of Com feted Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHERE THE CONTRACT SPECIFIES COVERAGE FOR COMPLETED OPERATIONS. ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT. 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 © Insurance Services Office, Inc., 2012 "F,. RtdtMswgement DMsion r, z REVIEWED'APPROV®BY: g ®'. - Risk Management Analyst r Insured: Paulus Engineering, Inc. Effective: 05/0112021-05/01 /2022 Policy Number: 54303105 COMMERCIAL GENERAL LIABILITY 10.02-2461 (Ed.7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed.7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. WeleMowgemenEMbion RENEWED&APPROVED BY: Ruk Management Analyst