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HomeMy WebLinkAboutCALIFORNIA PROFESSIONAL ENGINEERING, INCINSURANCE ON FILE 4-2021-243 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: FIRST AMENDMENT TO AGREEMENT TO PROVIDE STREET LIGHT MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 7, 2021, by and between California Professional Engineering, Inc. ("Contractor"), and the City of m 6 Santa Ana, a charter city and municipal corporation organized and existing under the Constitution N and laws of the State of California ("City"). ti RECITALS v p A. The parties entered into Agreement No. A-2019-174, dated October 2, 2019, by which Contractor agreed to provide street light maintenance services ("Agreement'). B. The Agreement remains in effect through October 1, 2022, with provision for extension. C. The parties now wish to increase the annual sum to be expended under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total annual sum to be expended under the Agreement by $120,000 for the current annual period and all remaining annual periods. 2. Section 3, Term, is amended to extend the term of the Agreement through October 1, 2024. 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 aisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: %%ah„ Afy John M.Funk Senior Assistant City Attorney CITY OF SANTA ANA ey Kristine Ridge City Manager CONTRACTOR i t��i B Van Ngu en Title: President Page 1 of 2 RECOMMENDED FOR APPROVAL " t I:e tl- bil Saba E ecutive Director Public Works Agency Page 2 of 2 Francine R, DlyaalgelgnM by Finadn<n m9a,<al Villareal oa,<:zsn.eazs,seensorso CALIFORPRO CARD A� QM CERTIFICATE OF LIABILITY INSURANCE DATOf/YYY) s129/2zs/zo21 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 # 0262636 920 CT Patty Ebeling United Agencies 3267 E. Guest] Ave, Suite 100 Ontario, CA 91761 PHONE FAX IAIC, No Ext: 909) 296-3299 Ac, No): (929) 295.7377 AIL , aft drisinc.com NSU ERB AFFORD NG COVERAGE NAIC0 INSURERA: Navigators Specialty Insurance Company 36056 INSURED INSURER B: Travelers Property Casualty Company of America 25674 INSURER C:_RSU_I Indemnity _Comoany-,-„-„_,_,-- 22314 California Professional Engineering Inc. 19062 San Jose Avenue La Puente, CA 91748 INSURER D; ...._._._....___.____._...._-_....._....._..... INSURER E: INSURER F: COVERAGES CERTIFICATE NIIMRFR• acvlslnN Nulan®co. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 SUSJECTTO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE INSD MD POLICY NUMBER MOUC YEF POLICYEFF POLICY EXP MOLIC YEXP LIMITS A X COMMERCIAL GENERAL LIARILITY EACH OCCURRENCE 11000,000'. CLAIMS -MADE ® OCCUR X CE210GL2396411C 5/19/2021 5/1912022 DAMAGE TO RENTED $ 60,000 Owner's & Contractor MED EXP An one erson X $ — PERSONAL &ADV INJURY __ _ _ $ 1,000,000'. GENT AGGREGATE LIMIT APPLIES PER [X] Pr GENERAL AGGREGATE 2,OOQOOD''. PRODUCTS - COMP/OP AGO $ 2,000,000'.. POLICY LOC OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 11000,000I BODILY INJURY, Per person)$ ANY AUTO N261807 5/1912021 $11912022 -'-"""-- ONMED SCHEDULED 1XX AIUITEEO��SONLY AUTTNO��ryS1WWNMFop BODILY INJURY per accident ' Pe�aiR nl AMAGE $ _ Affl%ONLY X ASTOSONFCV DetlucOblo $0 C UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000'I X AGGREGATE $ 5'000r000�'I EXCESS LIAR CLAIMS -MADE NHA251650 6/1912021 611912022 DED X RETENTION$ 1g,gDD ' $ g WORKERS X E IS NDEMAYIN ANY PROPMETOMPARTNEREXECUTIVE 619021 SH9/2022 EL. EACH ACCIDENT $ 1,OOQ000I, gQFFICE eOT M6rl EXCLUDED? ❑Y In NH) NIA (Mantlatory E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1,000,000' g Contractor Equipment 7P2991896600 511912021 5/19/2022 Leased/Rented 100000' B Installation Floater 7P2991896600 5/19/2021 5/19/2022 Limit 250:000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) The City of Santa Ana, its officers, employees, agents, and volunteers are additional insureds with regard to liability and defense of suits arising from the operations and uses performed by on or behalf of the named Insured per attached forms CG20100413 & CG20370413. With respect to claims arising out of the operations and uses performed by on or behalf of the named insured, such Insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional Insureds per attached form CG20010413. This insurance applies separately to each insured against whom claim is made or suit Is brought except with respect to the company's limits of liability. The Inclusion of any person or organization as an Insured shall not affect any right which such person or organization would have as a claimant If not so included per form NPC7110811. SEE ATTACHED ACORD 101 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 ©1988.2015 A The ACORD name and logo are registered marks of ACORD FM41111WP, MA Risk Management Hnallyst AGENCY CUSTOMER ID: CALIFORPRO A� )®0 ADDITIONAL REMARKS SCHEDULE CARLOSD Page 1 of 1 AGENCY License# 0252036 NAMED INSURED California Inc. United Agencies 1Jose AvenueEngineering La Puente, CA 91748 POLICY NUMBER EE PAGE 1 ------ ------------------------- CARRIER ------- NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: S ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liabitity_In—suranee Description of OperationslLocationsNehicles: *With resepect to the additional insureds (the City of Santa Ana, its officers, employees, agents, and volunteers), this Insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, Ross Annex, M-93, Santa Ana, CA 92701, gym.. RkkMmPg+e LDlvisIm REVIEWED&APPROVEDB ACORD 101(2008101) 02008ACORDCO I ®" RI%ic WrlageMVOt APOIYAt01 The ACORD name and logo are registered marks of ACORD RSUI INDEMNITY COMPANY This Endorsement Changes The Policy. Please Read It Carefully. CALIFORNIA CHANGES — CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: Commercial Excess Liability Policy Section IV., CONDITIONS, item 4. Cancellation, is deleted and replaced by the following: 4. Cancellation and Nomenewal a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering advance written notice of cancellation to us. b. All Policies in Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for: (a) Nonpayment of premium; or (b) Discovery of fraud by any insured or his or her representative or you or your representative in pursuing a claim under this policy. (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. All Policies In Effect For More Than 60 Days If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued, and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by any insured or his or her representative In obtaining this insurance or you or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative which materially increases any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were precedent to our use of particular rate or rating plan, if that failure materially increases any of the risks insured against. This endorsement effective 2/26/2020 forms part of Policy Number NHA248864 issued to California Professional Engineering Inc by RSUI Indemnity Company RSG 33022 1208 Includes copyrighted material of Insurance Services Office Inc., with its permi © ISO Properties, Inc., 2007 Npsso, Piskmmwgtm mtvieion 7' �w RwemD&APPRGNm By., 9 tuf"g � P, M Ruk klutagergent AnP(ys[ (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would place us in violation of California law or laws of the state where we are domiciled; or threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in this policy. (8) A material change in limits, type or scope of coverage, or exclusions in one or more of the underlying policies. (9) Cancellation or nonrenewal of one or more of the underlying policies where such policies are not replaced without lapse. (10)A reduction in financial rating or grade of one or more insurers, insuring one or more underlying policies based on an evaluation obtained from a recognized financial rating organization. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record at least 10 days before the effective date if we cancel for nonpayment of premium or discovery of fraud; or 30 days before the effective date if we cancel for any other reason listed in paragraph c., above. d. When We Do Not Renew Subject to the provisions below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. RSG 33022 1208 Includes copyrighted material of Insurance Services Office, Inc., with its permia © ISO Properties, Inc., 2007 �,�,. AAPPROVED ryj REVIEWEDtRisk Mana POLICY NUMBER: CE21CGL2395411C This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Location And Descri Lion Of Com Heted O erations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11-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 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 Rick Management DiVN1M ♦/ [ REVIEWED&APPROVE) BY: ' Ruk ManagementAnaly t required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 v., RldeMwugemenkD'wlelon REVIEWED &IA�PPPk'R'OVm BY.' . 1 e~. ' ��f�Caf•Q Fw. K4� tR�1 RIilcManaRemen[An�{ys[ POLICY NUMBER: CE21CGL2396411C CONTRACTORS ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Persons) Or Organization(s) Locations Of Covered O erations Any person or organization for whom you are performing operations during the policy period when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If - 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 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 2010 04 13 © Insurance Services Office, Inc., 2012 Risk ManapjwntDM.1on i 4 REVIEWED&AIPPROv®6y:. t� �� .� �.r•e tn.. li' RU M<nageMrItgnalyst 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. 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 �k PdukMmAgmwAD1YWM kv REVIEWED &ppP APPROVED 8'rr Rixlc NftslflAf�HipQFl[ AC1dIyS[