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Home My WebLink AboutKIMLEY-HORN AND ASSOCIATES, INC. (9) M _ ._A, t A-2023-089-03A MAYOR o I ,. CITY MANAGER Valerie AmezcuaAlvaro Nurlez MAYOR PRO TEM MAY l 2 7 2026 '�� .A F3 W CITY ATTORNEY David Penaloza Sonia R.Carvalho COUNCILMEMBERS19 - CITY CLERK Phil Bacerra -?- - �A Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA Wn l c 11u�l ni tlz(D L1 PUBLIC WORKS AGENCY 20 Civic Center Plaza i PO Box 1988 Santa Ana,California 92702 www.santa-ana.org April 21,2026 Kimley-Horn&Associates, Inc. Attn: Darren Adrian, PE, Senior Vice President 110 W. Town & Country Road, Suite 700 Orange, CA 92868 Re: Extension of Agreement No.A-2023-089-03 to provide on-call landscape architectural services Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by Kimley-Horn & Associates, Inc. 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 terms and conditions of the Agreement remain unchanged and in full force and effect. SiZoisas, l Acting Executive Director, Public Works Agency CITY O ANTA A ATTEST YwN1 rV✓ Alvaro Nunez Ha City Manager City ler APPROVED AS TO FORM CONSULTANT Kv[e Nellesen By Jaco laze, P.E. (CA 87934) Assistant City Attorney Title: Vice President 5/8/26 SANTA ANA CITY COUNCIL Valerie Amezcaa David Penalaza Thai Viet Phan BenJamin Vazquez Jessie Lopez Phil Baca" Johnalhan Ryan Hemandez Mayor Mayor Pro Tern-Ward 6 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 vamazcuaralsanla-ana arg dpapalpza(�santa-ana.orp Iphan(dsanla-anaoru 6vazquez( sanla-ana.org iessielopezC�sanla-ana�prp phaccrransanla-ana.oro Irvanhemandez[�sania-ana oro ,a�o►2o® CERTIFICATE OF LIABILITY INSURANCE P AT(MMiDD6 Y) 02 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 Ins Center PHoy Jerry NQ ola FAX 3780 Mansell Rd. Suite 370 Ex 770.552.4225 fAIr Na Alpharetta GA 30022 A DRIESS: greylingcerts@greyling.com INSU I AFFORDING COVERAGE NAIL# INSURER A:National Union Fire Ins Co of Pittsburg19445 INSURED KIMLAss INSURER B:New Hampshire Insurance Company 23841 Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 INSURER C:Lloyd's of Landon 85202 Raleigh, NC 27601 INSURER D:Columbia Casualty Company 31127 INSURER E: INSURER.F COVERAGES CERTIFICATE NUMBER:957494320 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER lMIDDIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL5268169 4/1/2026 4/1/2027 EACH OCCURRENCE S2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Eaeccurrenee S1,000,000 X Contractual Lab MED EXP(Any one person) S 25,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPU ES PER: GENERAL AGGREGATE $4,000,000 POLICY F_�]ECT 7] LOG PRODUCTS-COMPIOP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA4489663(AOS) 4/1/2026 41112027 COMBINED SINGLE LIMIT $2,000,000 A CA2970071 (MA) 41112026 4/1/2027 Ee accitlenf X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE 5 AUTOS ONLY AUTOS ONLY Per accident) $ D X UMBRELLA X OCCUR 8038116944 41112026 4/1/2027 FACHOCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X I RETENTIONS 1 a non $ g WORKERS COMPENSATION WC067961230(AOS) 411/2026 4/1/2027 X PER CTH- B AND EMPLOYERS'LIABILITY Y f N WC013711885(CA) 411/2026 4/1/2027 STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE EX,EACH ACCIDENT 52,000,000 OFFICERIMEMBER EXCLUDED? (Mandatary In NH) E.L.DISEASE-EA EMPLOYEE S 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000.000 G ProfessionalLiabikty RLUSP26000552026 411/2D26 41112027 Per Claim $2,000.000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: On call City of Santa Ana.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.Waiver of Subrogation In favor of Additional Insured(s)where required by written contract&allowed by law. APPROVED By Tu Trap Nguyen at 9:16 am,Apr 09,2026 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. Public Works Agency 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ' O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2026 forms a part of Policy No. CA4489663 issued to KIMLEY-HORN AND ASSOCIATES, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. - Who is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. l� AUTHORIZED REPRESENTATIVE 87950 (9/14) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2026 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 (6195) 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 11 — 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 in the performance of your ongoing operations operations for a principal as a part of the for the additional insured(s) at the location(s) same project. 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 49 Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL5268169 COMMERCIAL GENERAL LIABILITY CG20371219 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 CG 20 01 12 19 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 This insurance is primary to and will not seek additional insured. 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 CG24041219 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 ID Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: RLUSP26000552026 the Insured's obligation to pay shall have been fully and finally determined either by judgment against them or by written agreement between them, the claimant and the underwriters. Nothing contained herein shall give any person or organization any right to join the underwriters as a party to any Claim against the Insured to determine their liability, nor shall the underwriters be impleaded by the Insureds or their legal representative in any Claim. XX. SUBROGATION In the event of any payment under this Insurance, the underwriters shall be subrogated to all the Insureds' rights of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights.The Insured shall do nothing to prejudice such rights. The underwriters agrees to waive its rights of recovery against any person or entity of the Named Insured for a Claim which is covered pursuant to Insuring Clause I.A and/or I.B. of this Policy to the extent the Named Insured had , prior to such Claim,a written agreement to waive such rights.Any recoveries shall be applied first to subrogation expenses, second to Damages and Claims Expenses paid by the underwriters, and third to the deductible. Any additional amounts recovered shall be paid to the Named Insured. XXI. ENTIRE AGREEMENT By acceptance of this Policy, all Insureds agree that this Policy embodies all agreements existing between them and the underwriters relating to this Insurance. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the underwriters from asserting any right under the terms of this Policy; nor shall the terms of this Policy be waived or changed, except by written endorsement issued to form a part of this Policy, signed by the underwriters. XXI1. VALUATION AND CURRENCY All premiums, limits, deductibles, Damages and other amounts under this Policy are expressed and payable in the currency of the United States. If judgment is rendered , settlement is denominated or another element of Damages under this Policy is stated in a currency other than United States dollars or if Claims Expenses are paid in a currency other than United States dollars, payment under this Policy shall be made in United States dollars at the rate of exchange published in the Wall Streetjoumal on the date the judgment becomes final or payment of the settlement or other element of Damages is due or the date such Claims Expenses are paid. XXIII. BANKRUPTCY Bankruptcy or insolvency of the Insured shall not relieve the underwriters of their obligations nor deprive the underwriters of its rights or defenses under this Policy. XXII. AUTHORIZATION By acceptance of this Policy, the Insureds agree that the Named Insured will act on their behalf with respect to the giving and receiving of any notice provided for in this Policy, the payment of premiums and the receipt of any return premiums that may become due under this Policy, and the agreement to and acceptance of endorsements. XXIII. HEADINGS The descriptions in the headings and subheadings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. 30 Kimley-Horn 2025 wording v 1 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 04/0 1 12 0 2 6 forms a part 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 b 9 Y -- - - - - - - - - - - - - - - - - - - - - - - - - -- _ - - - (Ed. 11190) Authorized Representative