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PAULUS ENGINEERING, INC. (9)
A-2024-211-03 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES D s/or 12S CITY CLERK DATE: JAN 2 4 2025 AGREEMENT WITH PAULUS ENGINEERING, INC. TO PROVIDE ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on the 17th day of December, 2024 by and between PW R I K et(KFR aulus Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal uthiU J corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 8, 2024 the City issued Request for Proposal ("RFP") No. 24-054, by which it sought qualified contractors to provide on -call emergency water and sewer cleanup services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-054. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 24-054, which is attached hereto as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 24-054. The total compensation for these services provided by all such contractors selected under RFP 24-054 shall not exceed the shared aggregate amount of Seven Hundred and Seventy -Five Thousand Dollars ($775,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance Page 1 of 10 set forth in the Recitals which may reasonable be expected by City. 3. TERM This Agreement shall commence on January 1, 2025 and end on December 31, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to one (1), two-year period upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, cc seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public woks" and "maintenance" projects. If the services being performed are pail of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers; employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, .5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the Page 2 of 10 purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and sub -contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as; 1. Commercial General Liability (CGL). Insurance Services Office (ISO) Form CO 0001 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 in the aggregate. Umbrella and excess insurance policies can be used to meet the required limits, 2. Automobile Liability (AL). Insurance Services Office Form CA 0001 covering Code I(any auto), with combined single limit no less than $5,000,000. 3. Workers' Compensation (WC). As required by the State of California, with statutory limits, and Employers' Liability insurance with a. limit of no less than$1,000,000 per accident, policy, employee for bodily injury or disease. 4, Pollution Legal Liability and/or Errors and Omissions (PLL). With limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. These insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than the ntiniununs shown above, If Contractor maintains broader coverage and/or higher limits than the minhnums shown above, City shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are to be covered as additional insureds on Contractor's CGL and AL policies with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Additional insured status can be provided in the form of an endorsement to Contractor's insurance. 2. For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage as respects City of Santa Ana, its City Council, officers, officials, employees, Page 3 of 10 agents, and volunteers. Any insurance or se1f-h1surance maintained by City of Santa Ana, its City Council, officers, officials, employees, agents, or volunteers shall not contribute with it, 3. A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor hereby grants to City a waiver of subrogation which any insurer of said Contractor may acquire against City of Santa Ana, its City Carrell, officers, officials, employees, agents and volunteers" by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement(s) that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from any insurer(s). S. Each insurance policy required by this clause shall provide that coverage shall not be canceled, suspended, voided, reduced in scope or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City and ten (10) days prior written notice of policy cancellation or non -renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be; City of Santa Ana, Attention: Diana Mazariego, 20 Civic Center Plaza M-85, Santa Ana, CA 92701. The name and location of project nmst be indicated in the Description of Operations section of each certificate. Claims Made Policies If any coverage required is written on a claims -made coverage form; 1. The retroactive date must be shown, and this date must be before the execution (late of the contract. 2, Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non -renewed, and not replaced with anotherolaims-made policy form with a retroactive date prior to the contract effective, or start of work date, Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A;VII, unless otherwise acceptable to CITY. Waiver of Subrogation Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractr agrees to obtain any Page 4 of 10 endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and sub -contractors, Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). A statement on a Certiiieate(s)/> vidence of Insurance will not be accepted in lieu of the actual endorsements required herein. Failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Sub -Contractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all requirements stated herciu, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. For COL coverage, sub -contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Failure to Maintain Insurance Coverage If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this contract, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this contract at any time and obtain damages from Contractor resulting from said breach. Special Risks o• Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 8. INDEMNIPICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Contractor further' agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable Page 5 of 10 decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subiect to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Lxecutive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Page 7 of 10 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is !it writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify (lie City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20, NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or tnalled by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk if the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Page 8 of 10 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988. Santa Ana, California 92702 Fax:714-647-5635 To Contractor: Paulus Engineering, Inc. Atha: Ray Campbell, Vice -President 2871 E. Coronado Street Anaheim, CA, 92806 A party may change its address by giving notice in writing to the other party. 'Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b, All Exhibits referenced herein and attached hereto shall be incorporated as if filly set forth in the body of this Agreement. [signatures on following page] Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: xvzlK, Kyle d lesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Nabil Sa a Date:2024.11.26 17:09:53-08'00' Nabil Saba Executive Director Public Works Agency CITY OF NTA ANA A, Alvaro Nuiiez City Manager Page 10 of 10 EXHIBIT A B CITY OF MANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. INTRODUCTION/BACKGROUND The City of Santa Ana (City) Intends to select up to three (3) qualified contractors to provide Emergency Water and Sewer cleanup services on an as -needed basis. The City of Santa Ana Is located in the County of Orange in Southern California and encompasses 27.2 square miles and a population over 309,000 people. The City of Santa Ana's Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system has an average day demand of about 30 MG with 45,000 services. It is comprised of approximately 480 miles of water main, 45 MG of storage at 8 sites, 7 MWD connections, 20 groundwater wells, 7 pump stations, 4 pressure regulating stations and utilizes 2 pressure zones. The City's sanitary sewer system has approximately 9,000 manholes, 400 miles of sewer mains and 2 lift stations. The sewer system collects all sewage and transports it to the Orange County Sanitation District for treatment. DESCRIPTION OF WORK - GENERAL The successful contractor shall provide all labor, material, and supplies necessary to complete cleanup of debris, mud, dirt, and sludge associated with water main breaks and sewer system overflows (SSO's). Contractor shall provide and maintain in good repair all equipment necessary to perform the required services and related tasks. The Contractor shall be available on an on -call basis, 24 hours a day, seven days a week, with the ability to arrive on -site at the City location within two hours of notification. Regular business hours are considered from 7 am to 5 pm (Monday through Friday). Any time outside of regular business hours of operation may be considered "after hours/weekends/holidays:' The Contractor shall haul and dispose of the vacuumed materials and debris to the Orange County Sanitation District's (OCSD) facilities or an approved waste handling facility. The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. C�7 CITY OF SANTA ANA DESCRIPTION OF WORK - SEWER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Application of absorbent material; • Removal of contaminated soil and used absorbent; • Flushing the SSO site including gutters and affected area with clean water; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city issued construction meter shall be necessary when accessing the city's water hydrants. DESCRIPTION OF WORK— WATER EMERGENCY CLEANUP SERVICES Several actions must be taken to properly cleanup and mitigate potential effects, including, but are not limited to: • Use straw wattle and/or sandbags to protect storm drain from debris, install straw wattle on site; • Cleanup of debris on the roadways, mud/debris on the roadway; • Vacuum all wash down water into the Contractor's vacuum truck; • Use of a city Issued construction meter shall be necessary when accessing the city's water hydrants. DISTRIBUTION OF WORK The Contractor(s) selected for this work shall provide written, "not to exceed" estimates as requested by the City for services. These estimates shall include: number of employees, job classifications, equipment, estimated material costs, and number of hours required for the waste cleanup job. All hours worked and paid under this contract shall be for productive hours at the job site. All commuting to and from the work site, and or mobilization of equipment shall not be charged directly. But, shall be considered overhead and included in the rate for labor. No additional compensation will be allowed. It shall be the Contractor's responsibility to ensure they have all information deemed necessary to prepare accurate estimates. The contractor shall respond to City requests for estimates by end of business day. If multiple Contractors have been awarded a contract, the lowest responsive bid amongst the selected Contractors shall be awarded the corresponding job order. No work shall be allowed to proceed until authorized by the City. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are Incorporated herein by reference and may be accessed at htto://www.dir.ca.gov/. CITY OF SANTA ANA The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. SAFETY & HEALTH REQUIREMENT The Contractor shall comply with the applicable health and safety regulations and requirements from CAL/OSHA, State of California Construction Safety Orders and the City of Santa Ana. TRAFFIC CONTROL 1. Traffic control shall be the responsibility of the Contractor and shall conform to the Work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. 2. All vehicles and or towed equipment shall carry "City of Santa Ana Authorized Contractor" magnet sign affixed and visible. City does not provide magnets or decals, it is solely the contractors responsibility to acquire and maintain signs. 3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents. PROTECTION OF PROPERTY The Contractor shall perform all work and prevent damage to public and/or private property. In the event damage occurs, the contractor shall replace and/or repair the damaged property at no cost to the City. Any cost incurred by the City to repair damage caused by the contractor or their subcontractors and repaired by City staff shall be the responsibility of the Contractor and will be deducted from any outstanding balances. UNSATISFACTORY WORK In the event that work performed by the Contractor is not satisfactory, the Contractor will be notified by the City and allowed (1) calendar day to correct the deficient work at no charge to the City. --END OF SCOPE OF WORK SECTION-- EXHIBIT B 02A CITY OF SANTA ANA ATTACHMENT PROPOSER'S CERTIFICATION, PROPOSAL PRICING Contractor shall submit additional labor, material and equipment rates along with the Fee Schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. Specify and estimate any other costs associated with the system. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall attach a separate hourly rate schedule with hourly rates for staff per job classification, and equipment. If minimum fees are applicable, please Include on your rate schedule. Hourly rates schedule, which shall Include but not limited to, direct and indirect costs for labor, for staff per Job classification, material, equipment rates, overhead, Incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City's Project Manager or Designee in writing. Maximum markup is 10% for admin costs, Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. ON -CALL EMERGENCY WATER AND SEWER CLEANUP SERVICES ARTERIAL STREET BID ITEMS Item Bid Item Unit Quantity Unit Price Total 1 Vacuum Truck Regular business hours Fullv Staffed HR 4 $ 1,805 $7,220 2 Vacuum Truck After hours/weekends/holidays Fully Staffed HR 4 $2,757 $11,028 3 Vacuum Truck Regular business hours Fullv Staffed HR 8 $1,755 $14.040 4 Vacuum Truck After hours/weekends/holidays Fuliv Staffed HR 8 $ 2,120 $ 16,960 _L_ 0 CITY OF SANTA ANA Item Bid Item Unit Quantity Unit Price Total 6 Pressure Washer Truck Regular business hours Fully Staffed HR 4 $1,805 $ 7,220 6 Pressure Washer Truck After hours/weekends/holidays Fully Staffed I-IR 4 $ 2,757 $ 11,028 7 Pressure Washer Truck Regular business hours Fullv Staffed HR 8 $1,755 $14,040 6 Pressure Washer Truck After hours/weekends/holidays Fuliv Staffed HR 8 $2,120 $16,960 RESIDENTIAL STREET BID ITEM Item Bid Item Unit Quantity Unit Price Total 9 Vacuum Truck Regular business hours Fully Staffed HR 4 $ 1,508 $ 6,032 10 Vacuum Truck After hours/weekends/holidays Fully Staffed HR 4 $2,270 $,9,080 11 Vacuum Truck Regular business hours Fully Staffed HR 8 $ 1,277 $ 10,216 12 Vacuum Truck After hours/weekends/holidays Fuliv Staffed HR 8 $1,849 $14,792 Item Bid Item Unit Quantity Unit Price Total 13 Pressure Washer Truck Regular business hours Fully Staffed HR 4 $ 1,508 $ 6,032 14 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 4 $ 2,270 $,9,080 15 Pressure Washer Truck Regular business hours Fully Staffed HR 8 $1,277 $ 10,216 16 Pressure Washer Truck After hours/weekends/holidays Fully Staffed HR 8 $ 1,849 $14,792 CITY OF SANTA ANA PROPOSER'S STATEMENT; I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Paulus Engineering, Inc. 949-874-3427 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 2871 E. Coronado St, Anaheim, CA 92806 ADDRESS Rory Campbell NAME OF OF AUTHORIZED AGENT 33-0717252 Vice -President / campbell@paulusenginering.com 724114 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) 194149 CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IFAVAILABLE, BUT NOT REQUIRED UNTIL AND IFANAWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITI4 THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. PAULUSENG JLOPE DATE I 1/14/214/2025 CERTIFICATE OF LIABILITY INSURANCE 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(les) 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 ONTAMEACT J@SSICa Lopez Commercial The Brokerage The Brokerage, an Alera Group Company 20261 SW Acacia St, Suite 200 PHONE FAX (AIC, No, Et), (949) 287.5677 (a/c, No :(949) 335-0621 E-MAIL s,jlopez@thebrokerageins.com Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC a INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 25674 INSURED INSURER B:TheContinental Insurance Company 35289 INSURER C: Nautilus Insurance Company 17370 Paulus Engineering, Inc. INSURER D: 2871 E. Coronado Street Anaheim, CA 92806 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FORTHE 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TO ALL THE TERMS, INSR TYPE OF INSURANCE ADDLSUBRLTR D Me POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X DTE-CO-1Y47573A-TIL-24 5/1/2024 511/2025 EACH OCCURRENCE 1,000,000 MGE TE PREDAAI E TORENccuDpence 1300,000 MED EXP (My oneperson) 5,000 PERSONAL S ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY [ X] jEOT LOG GENERAL AGGREGATE 1 2,000,000 GEN'L PRODUCTS - COMP/OPAGG 2,000,000 OTHER: A AUTOMOBILE X LIABILITY ANYAUTO OWNED AUTOS ONLY AUTOS SSW X X 810-1Y475612.24.26-G 5/1/2024 5/112025 CEOMBINEDISINGLE LIMIT $ 1,000,000 $ BODILY INJURY Parperson) BODILY INJURY Per accidenl1 $ FSCHEDULED p AUTOS ONLY AUTOS ONLY P OFaERJ.Yl AMAGE $ B X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE CUE 7092166134 51112024 5/112025 EACH OCCURRENCE $ 4,000,000 [I AGGREGATE S 4,000,000 DED X RETENTION$ 10,000 A AWORKERS D EMPLOYERS' COMPENSATION ANYPROPRIETORIPARTNERIEXECUTIVE YIN FFPICEWME BER EXCLUDED? If yes, describe under low DESCRIPTION OF OPERATIONS be NIA X UB-1Y475765.24-26-G 5/112024 5/112025 X STATUTE I I OTH- E.L. EACH ACCIDENT 11000,000 E.L. DISEASE - EA EMPLOYE 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 C Pollution CPL2026079.16 5/1I2024 5/1/2025 Aggregate 2,000,000 C Liability CPL2026079.16 5/1/2024 5/1/2025 Each Occurrence 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space Is required( RE: On -Call emergency water and sewer cleanup services RFP 24.054, glaipwv/auaipwv/wcwv City of Santa Ana, Its City Council, officers, officials, employees, agents, and volunteers are Included as Additional Insureds as respects General and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non -Contributory per attached endorsement. Waiver of Subrogation for Workers' Compensation, General Liability, and Auto Liability: See Attached Endorsements. *Excess Liability follows form over the General Liability, Auto Liability, and Employers Liability. PPROVED fB CERTIFICATE HOLDER CANCELLATIONy.Cynfhfa MOra of 8:27-am, Jan 15; 2025- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana PWA Water Resources Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 S Daisy Ave - M85 AU/THORRIIIZ7ED REPRESENTATIVE Santa Ana, CA 92703 ACORD 25 (2016/03) @ 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 ACOR®° AGENCY CUSTOMER ID: PAULUS ENG LOC #: 0 ADDITIONAL REMARKS SCHEDULE JLOPEZ Page 1 of 1 AGENCY Commercial The Brokerage NAMED INSURED g 2871 E. Coronado Street Anaheim, CA 92806 POLICY NUMBER SEE PAGE 1 CARRIER NAIL CODE EFFECTIVE DATE:SEE PAGE EE PAGE 1 SEEP 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. 1n1 120110111111 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 810-1Y475612-24-26-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE —INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION 11 — COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii) may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or in LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds, only up to the limit described in Para- graph C., Limits Of Insurance, of 2. The following replaces Paragraph A.2.a.(4), SECTION II — COVERED AUTOS of SECTION II — COVERED AUTOS LIABIL- LIABILITY COVERAGE. ITY COVERAGE: (v) We will reimburse the "insured" for (4) All reasonable expenses incurred by the the reasonable expenses incurred "insured" at our request, including actual with our consent for your loss of earnings up to $500 a day be- defense lion of such claims and your d cause of time off from work. of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in limit. Our duty to TIONS: addition to such make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- (b) This insurance is excess over any valid hibits the transaction of business with or and collectible other insurance available within such country or jurisdiction, for Cov- to the "insured" whether primary, excess, ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto' of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for 'loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto' you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto' is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or 'loss" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS : S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 OO 2015 The Travelers Indemnity Compa ny. All rights reserved . CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 810-1Y475612-24-26-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4 99 02 16 02016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance services Office, Inc. with its permission. I WORKERS COMPENSATION TRAVELERS AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: UB-lY475765-24-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 02.000 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANISATION rOR WHICH THE INSORW HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO EVRNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/01/2024 Policy No. UB-lY475765-24-26-G Insured Paulus Engineering, Inc. Insurance Company Countersigned by Travelers Property Casualty Company of America Endorsement No. Premium DATE OF ISSUE: 05/01/2024 ST ASSIGN: Page 1 of 1 POLICY NUMBER: DTE-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 contractor 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 insured: CG D2 46 0419 C 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 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. Page 2 of 2 0 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 POLICY NUMBER: DTE-CO-1Y47573A-TIL-24 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing 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 until 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 damagd' 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 emess 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 nonrenewal 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 e)piration 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 website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 OO 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: DTE-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 II — WHO IS ANINSURED: 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 (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 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 LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of 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 failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or 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 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; Page 2 of 3 6 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.