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HomeMy WebLinkAboutKPFF CONSULTING ENGINEERS '. A-2023-075-06A MAYOR Q � 1. e_____ CITY MANAGER Valerie Amezcua,-'I L i.r< Alvaro Nunez MAYOR PRO TEM L••'Tr MAY 1 2026 CITY ATTORNEY David Penaloza MAY :.:��' 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 Iv1 i r,YLGt-cl p it h+�-(9 y 1 20 Civic Center Plaza I PO Box 1988 Santa Ana,Califomia 92702 wvwv santa-ana.orq April 17,2026 KPFF Consulting Engineers Attn: Ali Khamsi, Principal 140 Newport Centre Drive, Suite 100 Newport Beach, CA 92660 Re: Extension of Agreement No. A-2023-075-06 to v rovide on-call engineerine services Pursuant to Section 3 ("Term") of the above-referenced Agreement, entered into by KPFF Consulting Engineers and the City of Santa Ana,which commenced on May 2,2023,the parties hereby exercise their option to extend the term of the Agreement for an additional one (1) year through May 1, 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. Sincerely, 4od o Rosas, P.E. Acting Executive Director, Public Works Agency CITY O SANTA ANA ATTEST ;:w Dl� Alvaro Nunez enntf r L. H City Manager er APPROVED AS TO FORM (CONSULTANT Kvle Nellesen By: Ali Khamsi, PE Assistant City Attorney Title: Principal SANTA ANA CITY COUNCIL Valerie Amezcua David Penaloza Thai Viet Phan Benjamin Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez Mayor Mayor Pro Tom-Ward 6 Ward t Ward 2 Ward 3 Word 4 Ward 5 vamezouansanta-ana.aro dpenaloza@santa-ana.oro tphanasanla-ana or bvazauez(dsantaana.oro lessiebopezAsanta-ana.orq pbaoerra@santaana_a irvanhemandezAsantaana pro ,4�o►zl�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMf 1Y ) 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 1NSURER(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 confor rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NA Edgewood Partners Ins Center PHONE Ie NO OIa FAX 3780 Mansell Rd. Suite 370 .770.220.7699 fAIr.No): Alpharetta GA 30022 ADDRESS: re lin certs re lin .com INSURERS AFFORDING COVERAGE NAIL# INSURER A:National Union Fire Ins Co of Pittsburg19445 INSURED KPFFINC INSURERB:New Hampshire Insurance Company 23841 KPFF, Inc.1601 5th Ave INSURER C:Allied World Surplus Lines Insurance Co 24319 Suite 1600 INSURER D: Seattle WA 98101 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1893471728 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. tNSR TYPE OF INSURANCE AODL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDlY MMIDDrnYY LIMITS A X COMMERCIALGENERALLIABILITY GL5268336 4/112026 4/112027 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [:�] OCCUR DA'I"E TO RENT ' PRE ISES Ea occurrence 1 $500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000.000 PRO- POLICY®ECT 7 LOC PRODUCTS-COMPIOPAGG $4.000,000 OTHER: $ A AUTOMOBILELIABILITY CA9775930 411/2026 4/112027 COMBINED SINGLE LIMIT $2 0Q0 000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ I A X UMBRELLA LIAR X OCCUR BE019188220 4/1/2026 4/1/2027 EACH OCCURRENCE $10.000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s 10,000,000 DED X RETENTION$in nnn $ B WORKERS COMPENSATION WC072113239(AOS) 41112026 4/112027 X ISPER O TATUTE PRH B AND EMPLOYERS'LIABILITY Y i N WC'.072113237(CA) 41112026 41II — ANYPROPRIETORIPARTNEMEXECUTIVE N NIA E.L.EACH ACCIDENT $2,000,000 OFFICERIMEMBEREXCLUDED7 (Mandatory in NHI E.L.DISEASE-EA EMPLOYEE S 2,000T000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 C Professional/Pollution Liability 1 03120067 4/1/2026 4/112027 Per Claim 10,000,000 Aggregate 10,000,060 SIR: 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Continuation of the Named Insured: KPFF Consulting Engineers. Re: KPFF Project#10192300024-City of Santa Ana's:On-Call Services;Agreement#A-2023-088-15.The City of Santa Ana,its City Council,Dffi'cers, officials,employees,agents and volunteers 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. Waiver of Subrogation in favor of Additional Insured(s)where required by written contract&allowed by law.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. APPROVE©CERTIFICATE HOLDER CANCELLATION By Tu Iran 1Vguyen-a(10:48 am,Apr07, 2026 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: Public Works Agency CIPIDesign Engineering 20 Civic Center Plaza, M-36 AUTHO RIZED REPRESENTATIVE Santa Ana CA 92702 �oL ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE ENDORSEMENT This endorsement, effective 1 2:01 A.M. 04/01/2026 forms a part of Policy No. CA9775930 issued to KPFF, 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 (6i95) Includes copyrighted material of Insurance Services Office. Inc. with its permission. Page 1 of 1 POLICY NUMBER: GL5268336 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 Q 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 in the performance of your ongoing operations operations for a principal as a part of the 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 by law; and required by a contract or agreement, the most 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 agreement, the insurance afforded to such 1• Required by the contract or agreement; or 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: GL5268336 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 Insures! Persons) 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 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted whichever is less. 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 Pagel of 1 POLICY NUMBER: GL5268336 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 organizations) 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: 03120067 This Policy shall be excess over any other valid policy, whether collectible or not, and whether provided on a primary, excess, contingent or any other basis, provided that such policy is not specifically written to be excess over this Policy. M. SOLE AGENT If there is more than one Named Insured, the First Named insured shall act on behalf of all Insureds for all purposes, including but not limited to the payment or return of premium, payment of any applicable Deductible, receipt and acceptance of any endorsement issued to form a part of this Policy, complying with all applicable Policy provisions, giving and receiving notice of cancellation or nonrenewal, reimbursement to the Company of any Deductible advanced and the exercise of the rights provided in the Optional Extended Reporting Period or Subrogation provisions of this Policy. N. SUBROGATION In the event of any payment under this Policy, the Company shall be subrogated to all the Insured's rights of recovery 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 Company agrees to waive its right of subrogation against any client of the Insured for a Claim which is covered by this Policy to the extent that the Insured had, prior to such Claim having been made and reported to the Company, whichever is earliest, a written agreement to waive such rights. Any recoveries shall be applied first to subrogation expenses,second to Damages and Defense Expenses paid by the Company, and third in satisfaction of the Policy Deductible shown in Item 4. of the Declarations. Any additional amounts recovered shall be paid to the First Named Insured. O. SERVICE OF SUIT In the event of the Company's failure to pay any amount claimed to be due hereunder, the Company, at the Insured's request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel, Legal Department, Allied World Assurance Company (U.S.) Inc., 199 Water Street, 29" Floor, New York, NY 10038 or his or her representative, and that in any suit instituted against the Company upon this Policy, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Policy, or other officer specified for that purpose in the statute, or his or her successors in office, as its true and lawful agent upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on the Insured's behalf or any beneficiary hereunder arising out of this Policy of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. AE 00002 00(03/16) 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 04/01/2026 forms a part of Policy No. WC 072-11-3237 Issued to KPFF, 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 — — — — — — — — — — — — — — — — — — — — Authorized Representative