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HomeMy WebLinkAboutNUVIS (2) A-2023-089-05A MAYOR 10 P-7 I i2—vG. .. CITY MANAGER Valerie Amezcua ;•# _11' Alvaro Nur'tez MAYOR PRO TEM MAY76 CITY ATTORNEY David Penaloza Sonia R.Carvalho COUNCILMEMBERS CITY CLERK Phil Bacerra Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA `) PUBLIC WORKS AGENCY M1G{1W 00it-(Db) 20 Civic Center Plaza i PO Box 1988 Santa Ana,California 92702 www.santa-ana.org April 21,2026 NUVIS Attn: Perry Cardoza, President 20250 SW Acacia Street, Suite 260 Newport Beach, CA 92660 Re: Extension of Agreement No.A-2023-089-05 to provide on-call landscape architectural services Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by NUVIS and the City of Santa Ana, which commenced on May 16, 2023, the parties hereby exercise their option to extend the term of the Agreement for an additional one (1) year through May 15, 2027. Any insurance certificates are required to be extended and/or renewed to cover this extension. All other teens and conditions of the Agreement remain unchanged and in fit1I force and effect. Sincerely M7_` o sa , Acting Executive Director, Public Works Agency CITY OF ANTA AN ATTEST _.. 3AHA r Alvaro Nunez AenniferCity Manager APPROVED AS TO FORM CONSULTANT I�Oe Nellesen By: Perry drdoza Assistant City Attorney Title: president SANTA ANA CITY COUNCIL Valerie Amezcua David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Racers Johnathan Ryan Hemwdez Mayor Mayor Pro Tem-Ward 6 Ward 1 wand 2 Ward 3 Ward d Ward 5 vamezcuansanta-ana,prs7 dpenalcizansants-ana anj 1pha4bsanta-ana.ora bvazquezasama-ana.org lessielapez(6santa-ana.urg pbacerraAsama-ana.oro anhemandez santaana.o Atc�® CERTIFICATE OF LIABILITY INSURANCE Dare(MMIoonYYv) 4/1 412 0 26 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 ME: Dani Schulze AssuredPartners Design Professionals Insurance Services, LLC tF PHONE 3697 Mt. Diablo Blvd Suite 230 E •714-202-0390 AM.No Lafayette CA 94549 E-MAIL CertsDesi nPro AssuredPartners.com INSURERS AFFORDING COVERAGE NAIL 0 Lice sek 6003745 INSURER A:Travelers Property Casualty Co rnpany of America 26674 INSURED NUVIS00-01 INSURER B:The Travelers Indemnity Company of Connecticut 25682 NUVIS 714-754-7311 INSURER C:Travelers Casualtyand SuretyCo of America 31194 14-7 20250 SW Acacia Street, Suite 260 INSURERD: Newport Beach CA 92660 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:733889308 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, ILTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MWDDIYYYY) (MMIDDIYYYYI LIMITS A X COMMERCIALGENERALLIABILITY Y Y 66061-1244691 10/29/2025 10/2912026 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $1,000,000 X Contractual flab MED EXP Any one person) $10,000 Included PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY JE� LOC PRODUCTS-COMPIOP ACGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA2S559471 10129/2025 10/29/2026 EOa awidentSINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ A X UM13RELLALIAB X OCCUR Y Y CUP7412Y279 10129/2025 10/29/2026 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000.000 PEP I X I RETENTION $ A WORKERS COMPENSATION Y UB7J274169 10/29/2025 10/29/2026 X STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNERIEXECUTIVE ❑ N f A E.L.EACH ACCIDENT $1,000,000 OFFICERIM EMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability 105712210 10/2912025 10/29/2026 Per Claim $2,000,000 Aggregate Limit $4,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.The following policies are included in the underlying schedule of insurance for umbrellalexcess liability:General Liability/Auto Liability/Employers Liability/Employee Benefits Liability. Re:On-Call Landscape Architectural Services,A-2023-089-05, City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are named as an additional insured as respects general liability and auto liability as required per written contract.Insurance coverage includes waiver of subrogation per the attached endorsement(s). APPROVED $y Tu Tran Nguyen.af_23 pm; pr .2Q20. CERTIFICATE HOLDERCANCELLATION 30 Day Notice of 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. PWA-PFFR 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Area CA 92701 " ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6806H244891 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)- Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for"bodily injury" or"property damage"included in the"products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- location designated and described in the schedule of clude as an additional insured the person(s) or or- this endorsement performed for that additional in- ganization(s) shown in the Schedule, but only with sured and included in the "products-completed opera- respect to liability for "bodily injury" or "property dam- tions hazard". age" caused, in whole or in part, by"your work" at the CG 20 37 07 04 10/29/2025 ©ISO Properties, Inc., 2004 Pago 1 of 1 CG T8 OX XX XX DATE OF ISSUE: 6806H244891 COMMERCIAL GENERAL LIABILITY POLICY NUMBER 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 Names of Additional Insured Person(s)or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury"or"property damage"occurs or the"personal injury"or"advertising injury"offense is committed. Location of Covered Operations. Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (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 in- This insurance does not apply to "bodily injury" or clude as an additional insured the person(s) or "property damage" occurring, or "personal injury" organization(s) shown in the Schedule, but only or "advertising injury" arising out of an offense with respect to liability for"bodily injury", "property committed, after: damage", "personal injury" or "advertising injury" 1. All work, includingmaterials, pars or equip- caused, in whole or in part,by: ment furnished in connection with such work, 1. Your acts or omissions; or on the project (other than service, mainte- 2. The acts or omissions of those acting on your nance or repairs) to be performed by or on behalf; behalf of the additional insured(s) at the loca- tion of the covered operations has been com- in the performance of your ongoing operations for plated; or the additional insured(s) at the location(s) desig- nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- B. With respect to the insurance afforded to these tended use by any person or organization additional insureds, the following additional exclu- other than another contractor or subcontrac- sions apply: for engaged in performing operations for a principal as a part of the same project. CG D3 6103 05 Copyrights NO%e St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 0X XX XX Includes copyrighted material of Insurance Services Office, Inc.with its permission. DATE OF ISSUE: Policy#684BH249891 COMMERCIAL GENERAL LIABILITY c. Method OF Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares,we will follow this method also. b. Those statements are based upon Under this approach each Insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations_ whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit In, any information provided by you which we relled contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or Insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations, Required By Written Contract --.>.r, Separation Of Inlsured& If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this Insured under this Coverage Part must apply an Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to.each Insured against whom claim provided that: is made or"sulk"is brought. (1) The"bodily injury"or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us: The insured must subsequent to the signing of that contract or do nothing after loss to Impair therm..At our request., agreement by you, the insured will bring "suit" or transfer those rights to us and help us enforce them. �i. Premium Audit 9. When We Do Not Renew a. We will compute all premiums forthis Coverage If we decide not to renew this Coverage Dart,we will Part in accordance with our piles and rates. mail or deliver to the first.Named Insured shown in b. Premium shown in this Coverage fart as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "AdvertisemenV means a notice that Is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this deflnitiow c. The first Named Insured must keep records of a. Notices that are published Include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication,and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 0 2017 The Travelers Indemnity Company.All rights reserved. CG TI 00 02 19 Includes copyrighted material of insurance services Office.Inc.with its permission. Policy## 8806H244891 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational that is available to any of your "employees" therapy assistant, physical therapist or for "bodily injury" that arises out of providing speech-language pathologist; or or failing to provide "Incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees" or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured, volunteer doctor. Any such "employees" K. MEDICAL PAYMENTS—INCREASED LIMIT or"volunteer workers" providing or failing The following replaces Paragraph 7. of to provide first aid or "Good Samaritan SECTION III—LIMITS OF INSURANCE: services" during their work hours for you will be deemed to be acting within the 7. Subject to Paragraph 5. above, the Medical scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business. because of "bodily injury" sustained by any 3. The following replaces the last sentence of one person, and will be the higher of: Paragraph S. of SECTION III — LIMITS OF a. $10,000; or INSURANCE: For the purposes of determining the b. The amount shown in the Declarations of applicable Each Occurrence Limit, all related this Coverage Part for Medical Expense acts or omissions committed in providing or Limit, failing to provide "incidental medical L, AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION—PROFESSIONAL LIABILITY services" to any one person will be deemed to be one"occurrence". The following is added to Paragraph 4.b. 4. The following exclusion is added to Excess Insurance, of SECTION IV -- COMMERCIAL GENERAL LIABILITY Paragraph 2., Exclusions, of SECTION I — CONDITIONS: COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE This insurance is excess over any of the other LIABILITY: insurance, whether primary, excess, contingent Sale Of Pharmaceuticals or on any other basis, that is Professional Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of me M. BLANKET WAIVER OF SUBROGATION — pharmaceuticals committed by, or with the knowledge or consent of the insured. WHEN REQUIRED BY WRITTEN CONTRACT 5. The following is added to the DEFINITIONS OR AGREEMENT Section: The following is added to Paragraph 8., Transfer "Incidental medical services" means: Of Rights Of Recovery Against Others To Us, of SECTION IV -- COMMERCIAL GENERAL a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS: ray or nursing service or treatment, If the insured has agreed in a written contract or advice or instruction, or the related agreement to waive that insured's right of furnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such person medical, dental, or surgical supplies or or organization, but only for payments we make appliances. because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office,Inc.with its permission. TRAVELEI45 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBER: U137J274169 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 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish 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.) - Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 4/14/2026 Page 1 of 1 Policy: BA2S559471 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury' or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 O 2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Policy# BA2S559471 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy#105712210 D. the dates of the alleged events; and E. the reasons for anticipating a Claim, any Claim subsequently made against any Insured arising out of such Potential Claim will be deemed to have been made on the date such notice was received by the Company. All notices under this section must be sent or delivered to the Company set forth in ITEM 3 of the Declarations and will be effective upon receipt. IX. RELATED CLAIMS All Claims or Potential Claims for Related Wrongful Acts will be considered as a single Claim or Potential Claim ,whichever is applicable.All Claims or Potential Claims for Related Wrongful Acts will be deemed to have been made the date: A. the first of such Claims for Related Wrongful Acts was made; or B, the first notice of such Potential Claim for Related Wrongful Acts was received by the Company, whichever is earlier. X. SUBROGATION In the event of payment under this policy, the Company is subrogated to all of the Insured's rights of recovery against any person or organization to the extent of such payment and the Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing to prejudice such rights. Section X. SUBROGATION does not apply if the Insured, prior to the date a Wrongful Act is committed, has waived its right of recovery for Damages that result from such Wrongful Act. Xl. RECOVERIES All recoveries from third parties for payments made under this policy apply, after first deducting the costs and expenses incurred in obtaining such recovery: A. first, to the Company to reimburse the Company for any Deductible amount it has paid on behalf of any Insured; B. second, to the Insured to reimburse the Insured for the amount it has paid which would have been paid hereunder, but for the fact that such amount is in excess of the applicable limit hereunder; C. third, to the Company to reimburse the Company for the amount paid hereunder; and D, fourth, to the Insured in satisfaction of any applicable Deductible paid by the Insured, provided that such recoveries do not include any recovery from insurance, suretyship, reinsurance, security or indemnity taken for the Company's benefit. XII. ACQUISITIONS If, during the Policy Period, the Named Insured acquires or forms an entity that performs Professional Services, coverage will be provided for such acquired or formed entity and its respective Insured Persons for Wrongful Acts committed after the Named Insured acquires or forms such entity. Coverage for such entity will end 90 days after the acquisition or formation of such entity, or the end of the Policy Year, whichever is earlier, unless the Company has agreed to provide such coverage by endorsement. PTC-1001 Ed. 11-08 Printed in U.S.A. Page 4 of 7 02008 The Travelers Companies, Inc.All Rights Reserved