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HomeMy WebLinkAboutGRUEN ASSOCIATES (5)A-2020-230-07B MAYOR Valerie Amezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Sacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 01 /IQ 12497 _ CITYCL 1()24 DATE: Gruen Associates CITY OF SANTA ANA Attn: Michael A. Enomoto, FAIA 6330 San Vicente Blvd., Ste. 200 Los Angeles, CA 90048 PUBLIC WORKS AGENCY 20 Civic Center Plaza a P.U. Box 1988 Santa Ana, California 92702 www.santa-ana.ora October 17, 2024 CITY MANAGER Alvaro Nunez CITY ATTORNEY Sonia R. Carvalho CITY CLERK Jennifer L. Hall 0'• PWAW MiKt iytittKV> Re: Extension to Agreement (#A-2020-230-07) to Provide On -call Space Planning and Architectural Consulting Services Dear Mr. Enomoto, Pursuant to Section 3 ("Term") of the above referenced Agreement, as amended, entered into between Gruen Associates and the City of Santa Ana, dated November 17, 2020, the time period of the Agreement is hereby extended for an additional and final one (1) year period through November 16, 2025. All other terms and conditions of the Agreement, as amended, remain unchanged and in full force and effect. Sincerely, �QNa il Saba, PE Executive Director, Public Works Agency CITY OF ANTA VANA'�i Alvaro Nunez City Manager APPROVED ASjP FORM Jonathan T. Marti -z Assistant City Attorney Vnier�e Amazaa Thai V.I Phan aeop Vitt l I.leym lAeyor Pro iero Were l Wed2 zaeRSaaiWara ma vlvn®aenbd �e ora O'+amuaz®sanW-ana am ATTEST Ci CONSULTAN By: Michael A. Enomoto, FAIA, Gruen Associates Title: Managing Partner SANTA ANA CITY COUNCIL Jeaae I.W. Pth, ea. rtd JOMdNan aydn MYnrvbex eOVW P... Wra3 WarEC WaNs Wmlfi &HAW,,a@aanW BrW om ,a rcaMPlnanMSHPsmh a na oro d..Tw,d.nW-ana ora GRUEASS-01 YCORATHERS ,44coiz" CERTIFICATE OF LIABILITY INSURANCE �� DATDIYYYY) 11/61216/2024 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 endorsements . PRODUCER Acrisure Southwest Partners Insurance Services, LLC 4000 Westerly Place Suite 110 NANaeCT Mary Tang PHONE FAX A/C, No, Est): (A/C, No): %&�jss, mtang@acrisure.com Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIC 9 INSURERA:Valley Forge Insurance Company 20508 INSURED INSURER B: National Fire Insurance CO Of Hartford 20478 INSURER C: Continental Casualty Company 20443 Gruen Associates INSURERD: HSB Specialty Insurance Company 14438 6330 San Vicente Blvd. Ste 200 Los Angeles, CA 90048 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER' REVISION NUMRFR- 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 TYPE OF INSURANCE INSD ADOLSUBR POLICY NUMBER POLICY SEE POLDfYYYYI ICY EXPLTR NYYYI LIMITS A X COMMERCRI-GENERALLIABILITY CLAIMS -MADE OCCUR X X 6025612892 61 61112025 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTEBrice PREMISES (Ed 1,000,000 MED EXP (Any onePerson) 10,000 PERSONAL$ ADV INJURY 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY [X]j&O LOC GENERAL AGGREGATE 4,000,000 GEN'L PRODUCTS-COMPIOP AGO 4,000,000 OTHER: B AUTOMOBILE LIABILITY OMBINEDtSINGLE LIMIT $ 1,000,000 BODILY INJU RY Per arson $ ANY AUTO 6025604615 61112024 6/1/2025 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ P.,,ad dent AMAGE $ X W AUyOS ONLY X AUTOS ONLY C X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE 5,000,000 EXCESS LIAR CLAIMS -MADE 6025612973 611/2024 611/2025 DED X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDEDP (Mandatory in NH)DISEASE NIA X 6025612939 8/1/2024 6/112025 PER OTH- X ATUTE ER E.L. EACH ACCIDENT 11000,000 $ - EA EMPLOYEE 1,OOD,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 C Professional Liab. AEHOO8215536 6/112024 6/112025 Each Claim/Aggregate 5,000,000 D Cyber Liability ATB-6617832-03 1/1912024 1/1912025 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Professional Liability includes PDllu ion Liability coverage. policy Excess General Liability Policy #CCP1240352 Carrier: Century Surety Co. Policy Dates: 6/112024.6/112025 Each Occurrence 5,000,000/Aggregate $5,000,000 limits City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional Insured on a primary and non-contributory basis as respects attached General Liability endorsement SB300120-C and CNA80103, as required by contract. Waiver of subrogation applies as per attached General Liability form SE146968 and Workers Compensation form G19160. Separation of insureds provision is included. Umbrella Liability policy follows the General Liability SEE ATTACHED ACORD 101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) AFFKU- VI The ACORD name and logo are registered In 8y CynfMra Mora at AGENCY CUSTOMER ID: GRUEASS-01 LOC #: 1 YCORATHERS ACCWV® ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED crisure Southwest Partners Insurance Services, LLC Gruen Associates 6330 San Vicente Blvd. Ste 200 POLICY NUMBER Los Angeles, CA 90048 EE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE SEE PAGE 1 Page 1 of 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: form. 30 day notice of cancellation except 10 day for non-payment. APPROVED By Cynthia Mora at 2:25 pm, Nov 19, 2024' ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved_ The ACORD name and logo are registered marks of ACORD Policy Number: 6025612892 SB- - CN N (Ed. d.06/106/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE* Name Of Person Or Organization: City of Santa Ana, its officers, employees, agents, volunteers and representatives Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An Insured: 4. Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury," caused, in whole or in part, by: a. Your acts or omissions; or b. 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; or c. "Your work" that is included in the "products - completed operations hazard" and performed for the additional insured, but only if this Policy provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. B. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: 1. The rendering of, or the failure to render 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, change orders or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. 2. 'Bodily Injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. C. The following is added to Paragraph H. of the Businessowners Common Policy Conditions: H. Other Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. APPROVED By Cynthia Mora at 2:25 pm, Noy 19, 2024' SB-300120-C (Ed. 06/11) Page 1 of 1 Policy Number: 6025612892 CAM CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. APPROVED By Cynthia Mora at 2:25 pm, Nov 19, 2024 CNA80103XX (09-14) Page 1 of 1 Copyright, CNA All Rights Reserved. Includes copyrighted material of Insurance Services Once, Inc., with its permission Policy Number: 6025612892 CAM SB146968C (Ed. 10-19) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured 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 or written agreement; but the written contract or written agreement must be: 1. Crrently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. SB146968C (Ed. 10-19) Page 1 of 3 Copyright, CNA All Rights R APPROVED By Cynthia Mora at 2:25 pm, Nov 19, 2024 SB146968C (Ed. 10-19) C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3, and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. Additional Insured — Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1. An individual, then his or her spouse is an insured; 2. A partnership or joint venture, then its partners, members and their spouses are insureds; 3. A limited liability company, then its members and managers are insureds; 4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or 5. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs 1. through 4. above; SB146968C (Ed. 10-19) Page 2 of 3 APPROVED Copyright, CNA All Rights Rese By Cynthia Mora at 2:25 pm, Nov 19, 2024 SB146968C (Ed. 10-19) (2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. F. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968C (Ed. 1 APPROVED By Cynthia Mora at 2:25 pm; Nov 19, 2024 Page 3 Copyright, CNA All Rights Reserved. Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. APPROVED By Cynthia Mora at 2:25 pm, Nov 19, 2024 Form No: G-19160-B(11-1997) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 6 25612939 Policy Effective Date: 06/01/2024 Policy Page: 34 of 49 Copyright CNA All Rights Reserved.