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STORM WATER, INC. 6B - 2013 • AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.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