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HomeMy WebLinkAboutPROACTIVE CONSULTING GROUP, LLC. (3) N-2023-226-01 MAYOR , CITY MANAGER Valerie Arnezcua +�hoqw ?� Alvaro Nuliez MAYOR PRO TEM -' CITY ATTORNEY Benjamin Vazquez .-_ Sonia R.Carvalho COUNCILMEMBERS ''I, CITY CLERK Phil Bacerra ,� Jennifer L-Hall Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thar Viet Phan CITY OF SANTA ANA INSURAI`iCLU'V FILE WORK MAY RP,CICE[:a CITY MANAGER'S OFFICE UN Ttl.ltliS 1�CF,IICr :� p1 1 2� *20 20 Civic Center Plaza.P.O-Box 1988 { — --- — Santa Ana,California 92702 CITY(.LE r6' www.santa-ana.ora �P 1 0 2 °-pWP,L2) iil�L92� ProActive Consulting Group, LLC July 22, 2025 15235 Springdale Street Huntington Beach, CA 92649 Attn: Patrick Tam Re: Extension of Agreement to Provide Environmental Compliance Mana ement Services Aucement No.N-2023-226 Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by ProActive Consulting Group, LLC, and the City of Santa Ana, dated August 9, 2023, the time period of the Agreement is hereby extended for an'additional one-year period,from August 1,2025 through July 31, 2026. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement remain unchanged and in full force and effect. Sincerel 4V - dolfo Rosas, RE Acting Executive Director, Public Works Agency CITY OF ANTA N ATTEST Alvaro Nunez enm e ! =� City Manager City C APPROVED AS TO FORM ProActive onsulting Group,LLC Knee NeIlesen Name: Patrick Tam Assistant City Attorney Title: Director SANTA ANA CITY COUNCIL Valone Amezcua Benjamip Vazquez Thai vial Phan Jessie Lopez. Phil Bacerra Johnathan Ryan Hernandez David Penanza Mayor Mayor Pro Tam-Word 2 Ward 7 Ward 3 Ward 4 Ward 5 Ward 6 vamezcuaMsanta-ana.oro hvazouez[�sania-apa_orq IphanAtnta-ana pro iessielope2santa-ana.org pbacerra@santaana.om irvanhemandezcdlsanta-ana,ora dpenaloz n[a-ana nrq A ® DATE(MMIDD YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/2612025 , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS I. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aimee Guesno NAME: Cornerstone Specialty Insurance Services,Inc. HIINr Ex1: (714)731-7700 FAX,No: (714)731-7750 14252 Culver Drive,A299 E-MAIL aimee@eornerstonespeciagy.com ADDRESS: I NSURER(S)AFFORDING COVERAGE NAIL q Irvine CA 92604 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: American Cas.Co.of Reading PA 20427 PROACTIVE CONSULTING GROUP,LLC INSURER C 15235 Springdale St. INSURER D INSURER E: Huntington Beach CA 92649 INSURER F: COVERAGES CERTIFICATE NUMBER: 25126 COVERAGES REVISION NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 I TYPE OF INSURANCEADULSUBH POLICY EFF POLICY EXP LTR INSD MD POLICY NUMBER MMfDDfYYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 2,000,000 CLAIMS-MADE Fx_1 OCCUR OA A ET RENTED 1,000,000 PREMISES Ea occurrence $ x ADDT'L INSURED!P&NC IVIED FXP(Any one person) 5 10,000 A x BLNKT WVR OF SUBRO Y 2084330890 07/28/2025 07/28/2026 PERSONAL&ADV INJURY 5 2,OOQ000 GEN`L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE 1 5 4,000,006 POLICY F PRO JECT ❑ 4,000.000 LOC PRODUCTS-COMPIOPAGG 5 OTHER: 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) S AIX OWNED SCHEDULED Y 2084330890 07/28/2025 0712812026 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED s/ NON-OWNER PROPERTY DAMAGE S AUTOS ONLY /� AUTOS ONLY Per ecciGenl S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS L€AB CLAIMS-MADE AGGREGATE S CEO I I RETENTION S S WORKERS COMPENSATION X SEATUTE CRH AND EMPLOYERS`LIABILITY Y 1 N B ANY PROPRIETOR/PARTNER/EXECUTIVE NIA Y 4024152345 07/2812025 07/28/2026 E.L.EACH ACCIDENT g 1.000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1.000.000 If yes,describe under 1,QOD,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ PROFESSIONAL LIABILITY Each Claim $2,000,OOC A Claims Made EEH288355962 07/28/2025 07/28/2026 Annual Aggregate $2,000.000 DESCRIPTION OF OPERATIONS)LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Agreement Number N-2020-176-01 Digitally, ned City of Santa Ana,its officers,employees,agents,volunteers and representatives are named Additiona[Insured for General Liability and Non-Owned& TU Tran by Tu T,a Hired Auto Liability on a primary and non-contributory basis,but only if required by written contract with the Named Insured prior to an occurrence and as Nguyen per attached endorsement.Coverage is subject to all policy terms and conditions.*30 days notice of cancellation,except for 10 days notice for non-payment N 9 uyen oss i0Z roe 09 y of premium.For Professional Liability coverage,the aggregate limit is the total insurance available for all covered claims reported within the policy period. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Train Nguyen at 70:54 am,Aug?7,20?5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. do Heidi Chou AUTHORIZED REPRESENTATIVE j 215 S.Center St.,M-85 Santa Ana CA 92701 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD CNA INSURED: Proactive Consulting Group, LLC POLICY PERIOD: 7/28/2024-7128/2025 POLICY NUMBER: 2084330890 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION 1 AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS 1. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation 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. Currently 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: 1. That person or organization is an additional insured only with respect to such person or organization's liability for: a. "Bodily injury", "property damage"or"personal and advertising injury to the extent caused by: (1) Your acts or omissions; or (2) Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products-completed operations hazard", but 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," "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: SB300176E(Ed. 10-19) Page 1 of 3 Copyright,CNA All Rights Reserved. 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 a 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. This 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. C. 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. D. Additional Insured—Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; b. A partnership orjoint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional 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. Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. E. Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we SB300176E (Ed. 10-19) Page 2 of 3 Copyright,CNA All Rights Reserved. CNA 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." 2. Amendment-Aggregate Limits of Insurance(Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit. B. All: 1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved; 2. Damages under Coverage AA. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and 3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project; will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit, C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. SB300176E (Ed. 10-19) Page 3 of 3 Copyright,CNA All Rights Reserved.