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HomeMy WebLinkAboutKIMLEY-HORN & ASSOCIATES, INC. (2) INSURANCE ON i -;_ 022-158-04A WORK MAY PROCEED A-2 UN7ti_!NU R!,NCL FXr'Ki; -< MAYOR �f . „ CITY MANAGER Valerie Amezcua i.f.F — Alvaro Nunez MAYOR PRO TEM CITY CLERK `` ; .,/, CITY ATTORNEY Benjamin Vazquez DATE, OCT 0 3 2025Sonia R.Carvalho COUNCILMEMBERS rife �.', CITY CLERK Phil Bacerra .z.:P- ";'E - Jennifer L.Hall Johnathan Ryan Hemandez Jessie Lopez ,4 , A, David Penaloza Thai Viet Phan CITY OF SANTA ANA b;pwp-off OA Gfhtto f(461 4 PUBLIC WORKS AGENCY 20 Civic Center Plaza•P.O.Box 1988 Santa Ana,California 92702 www.santa-ana.orq September 5,2025 Kimley-Horn and Associates, Inc. 1100 Town and Country Rd., Ste 700 Orange,CA 92868 Attn: Darren Adrian, P.E. Re: Extension of Agreement No.A-2022-158-04 to Provide On-Call Water Resources Engineering Services Pursuant to Section 3 ("Tenn")of the above-referenced Agreement,entered into by Kimley-Horn and Associates, Inc.,and the City of Santa Ana, dated August 16,2022,the time period of the Agreement is hereby extended for an additional one-year period,from August 16,2025 through August 15,2026. 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. Sincerely, c R dol os , . . ~Acting Executive Director, Public Works Agency CITY OF S TA ANA ATTEST „Nr 4IllIllIllWeb --........„ .ipAl. 1 1. Alvaro Nunez minder lio City Manager City Cle i APPROVED AS TO FORM KIMLEY HORN AND ASSOCIATES Digitally signed by Darren Adrian / Date:2025.09.16 15:28:59 / it.-4- '/ l ta"'bj . ' -07'00' •- Nellesen By: Darren Adrian, PE No. 53031 Assistant City Attorney Title: Senior Vice President SANTA ANA CITY COUNCIL Valerie Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hemandez David Penaloza Mayor Mayor Pro Tern-Ward 2 Ward 1 Ward 3 Ward 4 Ward S Ward 6 vamezcuaWsanlaana.orq bvazouezWsanla-ana.orq tphanWsanla-ana.orq jessielapezWsanta-ana.orq pbacerraWsantaana.orq jrvanhemandeziesanta-ana.orq dpenalozaWsanta-ana.orq ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) L..----- 3/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Edgewood Partners Insurance Center PHONE Greyling COI Specialist FAX 3780 Mansell Rd. Suite 370 INC.No.Ext) 770.552,4225 (NC,Nol: Alpharetta GA 30022 ADDRESS: greylingcerts@greyling.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Ins Co of Pittsburg 19445 INSURED KIMLASS INSURER B:Allied World Assurance Co(U.S.)Inc. 19489 421Kim Fayetteville-Horn and Associates,Suite Inc. INSURER C:New Hampshire Insurance Company 23841 Street, Suite 600 Raleigh, NC 27601 INSURER D:Lloyd's of London 85202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:473570658 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 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYYI JMM/DD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY GL5268169 4/1/2025 4/1/2026 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X Tai X LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489663(AOS) 4/1/2025 4/1/2026 COMBINED SINGLE LIMIT $2,000,000 A (Ea accident) X ANY AUTO CA2970071(MA) 4/1/2025 4/1/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ONLY AUTOS accident) X HIRED )( NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ B X UMBRELLA LIAB X OCCUR 03127930 4/1/2025 4/1/2026 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1p 000 $ C WORKERS COMPENSATION WC067961230(AOS) 4/1/2025 4/1/2026 X PER OTH- C AND EMPLOYERS'LIABILITY YI N WC013711885(CA) 4/1/2025 4/1/2026 STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 /M OFFICEREMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 D Professional Liability 60146LDUSA2504949 4/1/2025 4/1/2026 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: SOUTH MAIN ART INITIATIVE;Austin Stake.The City of Santa Ana,its officers,employees,agents,volunteers&representatives are named as Additional Insureds with respects to General Liability where required by written contract.The above referenced liability policies with the exception of workers compensation&professional liability are primary&non-contributory where required by written contract.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,30 days'written notice(except 10 days for nonpayment of premium)will be provided to the Certificate Holder. Tu Tran Tu Tra oigaallysignednNguyen by APPROVED Date:2025.04.01 Nguyen 14:55:04-0700 By Tu Tran Nguyen at 2:55 pm,Apr 01,2025 CERTIFICATE HOLDER CANCELLATION 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. Attn: Heidi Chou 215 S. Center Street AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 ed-6 �4 L's4 Afi_.ii 6- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2025 forms a part of Policy No. CA4489663 issued to KIMLEY-HORN AND ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add: However, we will waive any right of recover we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss" if: (1) The "accident" or "loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and (2) The contract or agreement was entered into prior to any"accident" or"loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovery funds obtained by any injured employee. AUTHORIZED REPRESENTATIVE 62897 16/95) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 2 ❑ A. Section II - Who Is An Insured is amended to maintenance or repairs) to be performed by include as an additional insured the person(s) or or on behalf of the additional insured(s) at organization(s) shown in the Schedule, but only the location of the covered operations has with respect to liability for "bodily injury", been completed; or "property damage" or "personal and advertising 2. That portion of "your work" out of which injury" caused, in whole or in part, by: the injury or damage arises has been put to 1. Your acts or omissions; or its intended use by any person or 2. The acts or omissions of those acting on organization other than another contractor or your behalf; subcontractor engaged in performing operations for a principal as a part of the in the performance of your ongoing operations same project. for the additional insured(s) at the location(s) designated above. C. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III - Limits Of Insurance: 1. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most by law; and we will pay on behalf of the additional insured 2. If coverage provided to the additional is the amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2. Available under the applicable limits of that which you are required by the contract insurance; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the B. With respect to the insurance afforded to these applicable limits of insurance. additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, Page 2 of 2 0 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT. BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, 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 B. With respect to the insurance afforded to organization(s) shown in the Schedule, but only these additional insureds, the following is with respect to liability for "bodily injury" or added to Section III — Limits Of Insurance: "property damage" caused, in whole or in part, If coverage provided to the additional insured is by "your work" at the location designated and required by a contract or agreement, the most described in the Schedule of this endorsement we will pay on behalf of the additional insured performed for that additional insured and is the amount of insurance: included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional applicable limits of insurance. 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. CG 20 37 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2)You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: B0146LDUSA2504949 3. costs incurred by the Insured to correct, re-perform or complete any Media Activities or Technology Based Services; 4. fines, taxes or loss of tax benefits, sanctions or penalties assessed against: the Insured; 5. punitive or exemplary damages, unless insurable by law in any venue which applies to the Claim, and which venue is most favorable to the Insured in relation to coverage of such Damages, excluding the application of conflicts of laws of such venue; 6. discounts, coupons, prizes, awards or other incentives offered to the Insured's customers or clients; 7. liquidated damages to the extent that such damages exceed the amount for which the Insured would have been liable in the absence of such liquidated damages agreement; 8. any amounts for which the Insured is not liable, or for which there is no legal recourse against the Insured; or matters deemed uninsurable under the law pursuant to which this Policy shall be construed. M. "Insured"shall mean: 1. the Named Insured; 2. a director, officer past or present partner partners, principals, officers, directors, members, or stockholders of the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 3. Any retired partners, principals officers, directors, members, stockholders or employees of the Insured, but only while acting within the scope of their duties for the Insured. 4. an employee, or Temporary Employee, leased or contract personnel under the direct supervision of the Named Insured, but only for work done while acting within the scope of his or her employment and related to the conduct of the Named Insured's business; 5. a principal if the Named Insured is a sole proprietorship, or a partner if the Named Insured is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 6. any person who previously qualified as an Insured under 2,3 or 4 above prior to the termination of the required relationship with the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 7. the estate, heirs, executors,administrators, assigns and legal representatives of any Insured in the event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Insurance; 8. the Named Insured with regard to its participation in a joint venture, for the Named Insured's liability that arises out of an act, error or omission in rendering or failing to render Professional Services by the Named Insured or for a Pollution Condition that arises out of the rendering of or failing to render Professional Services or the performance of or failing to perform Contracting Services by the Named Insured and for the Named Insured's liability arising from participation in the joint venture; and solely with respect to Insuring Clause I.B., any person or entity for whom the Named Insured renders or rendered Professional Services or performs or performed Contracting Services, provided that a written contract or agreement is in effect between the Named Insured and any person or entity requiring the person or entity to be an additional insured under the Named Insured's architects, engineers and contractors pollution liability policy. 16 However, such person or entities are covered under Insuring Clause I.B. of this Policy solely with respect to Damages and Claims Expenses arising from Professional Services rendered or Contracting Services performed by or on behalf of the Named Insured and are not covered for any Damages and Claims Expenses arising from the person or entity's own acts, errors or omissions. Any Person or entity of the Named Insured are covered under Insuring Clause I.B.of this Policy,subject to Clause VIII.,only for the Limits of Liability required by the written contract or agreement. Any coverage provided to an additional Insured under the Named Insured's architect, engineers and contractors pollution liability insurance shall be excess over any other valid and collectible insurance available to such additional Insured unless a written contract or written agreement specifically requires that this insurance apply on a primary and non-contributory basis, strictly by prior written agreement from underwriters. N. "Malicious Code" means any virus, Trojan Horse,worm or other similar software program,code or script intentionally designed to insert itself into computer memory or onto a computer disk and spread itself from one computer to another. O. "Media Communication" means the display, broadcast, dissemination, distribution or release of Media Material to the public by the Named Insured. P. "Media Material" means information in the form of words, sounds, numbers, images,or graphics in electronic, print or broadcast form,including Advertising,but does not mean computer software. Q. "Media Activities"means Media Communication and/or the gathering, collection or recording of Media Material for inclusion in any Media Communication in the ordinary course of the Named Insured's business. R. "Mediation" means the voluntary and otherwise non-binding process by which a qualified professional mediator mutually agreed upon by the parties intercedes between the parties with the intention to reconcile them to resolve a Claim. The term Mediation shall not include or mean other dispute resolution by litigation or arbitration. S. "Named Insured"means only those persons, partnerships,corporations or entities specified in the Declarations. I . Named Insured means only those persons, partnerships, corporations or entities specified in the Declarations. 2. The term Named Insured and/or Insured shall include any and all affiliates, divisions, subsidiary corporations, or subsidiary limited liability companies thereof, of any tier, in the past, as now or hereafter constituted; and any other legal entity in which the first Named Insured and/or(or the majority owners of the First Named Insured and/or any Insured) have more than fifty percent (50%) ownership or over which the first Named Insured (or the majority owners of the first Named Insured) exercise management or financial control and have contractually agreed to provide insurance for such entity. 3. The Named Insured shall include any entity that is owned fifty percent (50%) or greater by employees of the Named Insured provided that such entity was created to meet state or other regulations requiring that only registered professionals can own a design firm subject to the terms and conditions of Clause XVII.A. T. "Optional Extension Period" means the period of time after the end of the Policy Period for reporting Claims as provided in Clause XII. of this Policy. 17 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2025 forms a pad of Policy No. WC 013-71-1885 Issued to KIMLEY-HORN AND ASSOCIATES, INC. By NEW HAMPSHIRE INSURANCE COMPANY We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by (Ed. 11/90) Authorized Representative