HomeMy WebLinkAboutHARPER & ASSOCIATES 4 - 2002
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.w!:::;; i~'AY PROCEED 1'1-2002- I
UNTIL iNSURANCE EXP1R~
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CLERK OF COUNCIL STANDARD CONSULTANT AGREEMENT 6:';
DATE: \\-[-D L ~
THIS AGREEMENT, made and entered into this \ day of J1~ , 2002 by
t', puJ A ~nd betwee~,Harper & A.ssociates Engineering Inc., a California corporation (hereinafter
r::: ( tV . Consultant ), and the CIty of Santa Ana, a charter cIty and mumclpal corporatlOn orgamzed and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
inspection and evaluation of City's reservoir.
B. Consultant represents that Consultant is able and willing to provide such services to the
City. -
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $ 9,975.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2003, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of the Public
Works Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, ajoint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold hannless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
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like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-5622
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11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any ofthe clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
IS. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
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hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
~~<'~t.J
PATRICIA E. HEALY
Clerk of the Council
CITY OFS~
C~~
.{)A VID N. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
C;tym
By: \.
Cristine L.
Assistant City Attorney
RECOMMENDED FO
OVAL:
CONSULTANT
~.
! J es G. Ross
. xecutive Director
Public Works Agency
City of Santa Ana
~d~
A dre Harper
Vice President
:B-01 g 3911
Employer ID #
7
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EXHIBIT A
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HARPER & ASSOCIATES ENGINEERING, INC.
CONSULTING ENGI~EERS
,
,
1240E OnlarioAw, SIV. 102.312 C 'rona, CA 92881.8671
Phone (909) 372.9196 Fax ( 09) 372.9198
PROPOSAL TO
CITY OF SANTA ANA
FOR
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ENGINEERINGCO><SULTING SERVICES FOR EVALUATION
OF A CO:-;CRETE WATER STORAGE kSERVOIR,
PREPARATION OF A SPECIFICATION Al'D CO~STRUCTlON SERVICES
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1.
PROJECT DESCRIPTION
A. The 6.0 MG concrete water storage reservoir is located on City-owned site in Santa
Ana, California and is designated as the Walnu Reservoir
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Telephone conference with City to veri~ approach to project.
Accomplish field investigation of coIplete intcrior of the reservoir. to
evaluate the present condition of the reser'Oir from the following stundpoints:
a. Corrosion-related structural sou~dness of the reservoir.
b. Condition of concrete regardin~' cracking and spalling and how it is
protecting the steel from corro ion. the percent failmcs, and their
ability to bc repaired.
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Conditiol~ of the expansion jOi~~s and sealants.
Environmental and operating Jnditions which affect the use of the
reservoir, maintenance of the rdservoir. the aggressiveness of the
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B.
SCOPE OF WORK - INVESTIGATION
1.
2.
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d.
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2.
Proposal for Evaluation al\d Spetiticatian
City afSanl' An. - Walnut R"ervolr
August 8. 2002
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reserVOIr, maintenance of thefescrvoir, the aggressiveness of the
atmosphere and water, and ext 111 of abrasion damage.
Condition of interior appurtcl1lnces: float, ol'erflow, inlet, interior
ladder, etc.
Field. evaluation of the reservoir to Vif' ally inspect and photograph visible
defiCiencIes would entail one site v sit with reservoir drain~d, unless
corrosion damage is sufficient to warr' t further evaluation.
Surfaces would be photographed and r.ntered into a Photographic Survey
album which would be included in the rilten report.
Conclusions and recommendations wou d be prcpared for the following and
included in the detailed \\Titten report. I
a. Cause(s) of deficiencies. I
b. Concrete repair and sealant replaJement, including extcnt of deficient
areas, estimated costs, and life efpectancey.
c. Additional items to enhance mairtenance and safety
6. Three copies of the written report will bt submitled.
SCOPE OF WORK. SPECIFICATION i
I. Met with City to verify approach to prtjcct, to determine scopc of work.
based on utilizing report and estimated cpsts to accomplish the work.
Prepare technical specification c'overlng interior repairs and sealant
replacement for reservoir. I
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Submit to City for 90% completion reJicw, and accomplish all revisions
determined needed. :
Furnish City with a cost estimate for loject in accordance with the bid
schedules generated. 1'1
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Furnish City wilh a list of potential biddJrs to forward Notice Inl'iting Bids
to qualified contractors. .
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Provide telephone liaison with pOlenti~1 bidders as regards all malters
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4.
5.
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Harper & Associates Engineering, Inc.
prapasalsIS.nlaAn.. Walnut-tanc
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Assist Cily in conducting Pre.Bid Conterence to ensure prospective bidders
arc totally aware of scope of work and1local conditions,
a, Prepare minutes of Pre.Bid ~onference covering all aspects of
contractor's queslions and clarjfications of project and mail to all
attendees and become part of tJ contract documentation,
Assist City in telephone evaluati n of bids received and make
recommcndations for award or rejectio ,
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Assist City in conducting Pre.Construct(on Conference to enable all relevant
parties to comprehend scope of project,lmplementation of specification and
City requirements, I
a, Prepare minutes ofPre.construcLn Conference covering all aspects
of contractor's questions and clarifications of project and present to
all parties. I
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Assist City in review and approval oft Contractor submittals and project
procedures. Rejected submittals would bt supplemented with an explanation
of the reason for rejection and requirem1nts for re-submittal.
SCOPE Of WORK. INSPECTION i
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SURFACE PREPARATION INSPEdTlON (INTERlOR) . Physical
inspection of blast cleaned surfaces to 1erifY compliance to specification.
removal of dust, etc. , I
a. Weather conditions will be veri~ed by use of a electronic or sling
ps~'chrometer to determine sui tab lity of climatic condilions prior to
and during all blast cleaning ope tions,
Surface will be obscrved throUgholll cleaning operations to dctermine
compliance with specifications, I
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MATERIAL APPLICATION INSPECT\O}; (INTERlOR) - After approval
of surface preparation, ongoing inspeclion monitors weather condition.
Contractor's application equipment and ifs operation, mixing and physical
inspection of application, including spray lechniques, cleanliness of surface,
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thlc ess, etc, I
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D.
2.
Proposal (or EvaJu'lion "nd Specification
City o(Santa Ana. Walnut Reservoir
I August S, 2002
concerning bidding of the project and hreparation of Jddenda as reqUired to
document deSign changes or clarilica(;ons,
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9.
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b.
Harp"r & Associates Engineering. Inc,
proposals\SE1nlaAnD~ Waln uf .cone
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IlproPo"l for Evaluation .nd Specific.tion
Cil)l of Sanla Ana. Walnut Reiervoir
Augusl 8. 2002
FINAL INSPECTION (Il'TERlOR). Rf' quires input at conclusion of fmish
co.ating to ins~rc application, film contin ity (holiday detection) and de)' film
thickness are In complete conformance '0 specification.
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4.
L1yl[TATIONS OF AUTHORITY
a.
Resident Projecl Inspector:
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Shall not authorize a~y deviation from the Conlract
Documents or substitutior ofmaterial~ or equipment, unless
authorized by ENGlNEErOWNER in writing.
Shall not exceed l+itations of CONSULTANT'S
AUTHORlTY as set fOr1~ in the Agreement or the Conlract "
Documents, I
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Shall not undertake ,ny of the responsibilitics of
CONTRACTOR, subcQntractor or CONTRACTOR'S
superintendent. :
Shall not advise on, issJ directions relative to or assume
control over safety precautions and programs in connection
with the work. !
Shall not advise on, iss~e directions regarding or assume
control over any aspect of the CONTRACTOR'S means,
methods, techniques, sequ~nces or procedures of construction
unlcss such advice or dirdctions are specifically required by
the Contract Documents. :
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Shall not accept Shop Drawings or sample submittals from
anyone other than CONTRACTOR, and shall immediately
deliver such submittals toIENGlNEERJOWNER.
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Shall not authorize El'.:JJI:>iEERJOWNER to occupy the
Project in whole or in pa~.
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Shall not participate in sp~cialized field or laboratory tem or
inspections conducted qy others except as specitically
authorized by ENGINEE~O\VNER,
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(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
b. Definition.:
Harper &. Associates Engineering, Inc.
propos a Is\Sal\laAnll- W nlnul-conc
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Proposal for E..lu.tion nnd Specific.tion
City of S""" An. . W.lnut Reservoir
August 8. 2002
(I)
El\G11\EERJO\Vl'.'ER i~ intended to apply as ajoint rdercnce
or a single reference subject to the applicable circumstances.
II. SCHEDULE
A.
Investigation of the reservoir and filing ofa re~ort for work noted above would be
accomplished at mutually agreed lime. upon ex~clltion of an agreement and issuance
of the J'.:otice to Proceed.
III. CITY RESPOl\SlBIUTlES
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A. The City shall provide the following items. perfonnel and/or services to be utilized
in COtUlection with this work,
I. All drawings und relevant records for tJe reservoir, as required,
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2. City shall accomplish laboratory analYFis of any coatings or joint sealant
material for determination of the p(esence of lead. zinc. chromium
compounds or asbestos, I
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The City shall make available to the C+sultant reasonable and timely staff
input for purposes of confer~nce discussIon, reviewing submission3 from the
Consultant. providing factual informati1n andlor suggestions relating to the
work in a manner such that the Consult art may meet the project completion
schedule. ,
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The City shall provide designated wat~r operations person for access to
reservoir site and unobstructed access to reservoir interior upon request by the
Consultant at time Ill1d in the manner njutually agreed upon as rcquired \0
accommodate work of Consultant. :
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5. City will provide payment on monthly *ogress estimates to the Consultant
based upon work accomplished during thf previous month or portion thereof.
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WORK PRODUCT I
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The City designee shall at all times have access tQ the work product of the ConsultllJ1t
while it is under preparation or in progress. Upon completion of th~ project, all
drawings. documents and notes shall become property of the City, mcludmg all
renderings, slides. sketches and correspondence;
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IV.
V. DESIGNATED REPRESE>lTATlVES
Harper &. Associ.tes Engineering. Inc.
proposalsIS.ntaAna. W. Inut-conc
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Proposal for Evaluation .Jr.d Specificatjon
, Ciry of Santa Ana. Walnut R~iervoir
August 8, 2002
A.
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Project sholl be under direct conlrol of Mr. Willi,am B. Harpcr, to whom 011 qucstions
may be directed. Field investigation shall b~ under direct control of Ylr. Andre
Harper It is understood the City's representativf will be Mr. SICVC Worrall, who will
provide the interface between the City's Staff and Consultant.
VI. COSTESTl1>IA TE
A. Bascd on previously noled Scope of Work " Investigation, cost fur performing
services will not exceed $] ,805. .
;
B. Based on previously noted Scope of Work. ppcciftcations, cost for performing
services will not exceed $2,710. based on accot)1plishing work with itelll A. above.
C. Based on previously noted Scope of Work - Inspection, cost for performing scrvices
will not exceed 55,460, based un inspection on all as-needed basis. Inspection hours "
are based on the hourly rate of$48.75 per hour;
D. Additional meetings and work as directed by City; Hourly basis or negotiated fee
VII. INSURANCE COVERAGE5
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A. Consultant will provide and mointain in full force and effect, while operating under
an agreement with City, a comprehensive lia~ility insurance policy which shall
include bodily injury, and property damage covifage of 5 I ,000,000 combined single
limit, automobile liability insurance with . limits of $1,000,000, worker's
compensation insurance with limits of coverage' as prescribed by law, and an Errors
ond Omissions professional1iability policy wi~ a minimum limit of coverage of
52.000,000. '
1. Above noted insurance coverages are cu~rently in force with Consultant.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
, this endorsement form as a part of
Effective
Policy #
I ssued to
Named Insured
Countersigned by
Authorized Representative
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ACORD. CERTIFICATE OF LIABILITY INSURANC~~C:l DATE (MM/DDNY)
10109/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
U & A Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Unickel & Assoc. Lic#OB27703 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 10727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Bernardino CA 92423-0727
Phone: 909-793-6Bl0 Fax:909-79B-3959 INSURERS AFFORDING COVERAGE
INSURED INSURER A Kemper Insurance Company
INSURER B Westport Insurance Corp
Harper & Assoc,Engineering,Inc INSURER c:
HafBer & Assoc~ates, jne
124 E. Ontario Ave, 102-312 INSURER D:
Corona CA 92BBl
I INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~f.rl TYPE OF INSURANCE POLICY NUMBER ~~t~1M~~BW~'j't: DATE MM/DDlYWN LIMITS
L GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A 1il COMMERCIAL GENERAL LIABILITY 7RDB20693-00 OB/01/02 OB/01/03 FIRE DAMAGE (Anyone fire) $100,000
i ! CLAiMS MADE [!] OCCUR MED EXP (Anyone person) $10,000
;
~ PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000
I POLICY n ~~& n LOG
.~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
A I X ANY AUTO E7Y059B61-00 OB/01/02 OB/01/03 (Eaaccident)
~
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
-
~ HIRED AUTOS BODILY INJURY
(Per accident) $
~ NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $ 2,000,000
A ~ OCCUR o CLAIMS MADE 7RDB20693-00 OB/01/02 OB/ol/03 AGGREGATE $ 2,000,000
$
R DEDUCTIBLE APPROVED <\S TO FO M $
RETENTION $ " $
WORKERS COMPENSATION AND ~91".L4 I tM~~II~~WS I IU~~-
EMPL.OYERS' LlABIL.ITY E.L. EACH ACCIDENT $
/Laura Shec<.."W E.L DISEASE. EA EMPLOYE $
Deputy CilY Att rney
E.L DISEASE. POLICY LIMIT $
OTHER
B Professional AEPL101610-0 OB/ol/02 OB/01/03 $2000 DED $2,000,000
Liabilitv
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlEXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
*Except 10 day notice of cancellation for non payment of premium. Cert.
holder its officers, agents, employees are named additional insured
regarding General Liability per attached endorsement. Re: Walnut Reservoir
Tank Evaluation and Specification. (A/I,XX) Fax: 714-647-3345
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITY-Ol SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
Ci ty of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL MAIL 30* DAYS WRITTEN
PublicWorks Aqency NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, J
Attn: Steve Worrall I
220 S. Daisy Ave. Building A I /""\
Santa Ana CA 92703
I :. 'A";' A A Ie ~r -
ACORO 26-5 (7/97) , @ACORDCORPORATION 1988
L'V,<<' A.Rc.:nl7.l1.'(::tUKi.: ,UVll .HJVulJVJ;q!,;RING Fl.RM$
.
;."-
:."
This blanket endorsement modifies insurance provid:od ~!l.er the foUowing:
<
"
"
I. The foUowing is added ro the business O'1mel'S liability covenSC form, BP 71 08: Item S. Of Section C. _
WbD is an insw-cd, is deleted and rtplaced by the foUowing;' ~
..
ADDmONAL INSURED-BY CONTRACl'. AGREEMENT OR PERMIT
Ally person oc orptizalioo (DallIed above) to whom or which you ItO obligared lly Yinne of. written COII!l1lct
It~iICUl or oermillO provide sach irIsumIce ,1$ aJforded by Ibis policy is In iDsuRcI, but only with respect 10
liability arising OIU of:
.. "Your wort" rOf Ih.I iDsurcd by JllU, inc1ndll,g 1VClIt or ope.raliooa pedOlDll:d on your bebaIf for thaI
insured;
b. PeImits issaed by state or poIiIica1l11bdivlsion for opczuions by)'llU; or
c- hemises you OWD, rent, Of OIX:Upy fOf use,
PRIMARYINON-<:ONTRIBtrrORY-1'bis ~ is nrimorv and is not .Mm"",,1 to or COlltriburin.. with any
other insurance cazrler by or foc the beQclir of MditioAaIIDsIueds. .
,
This provision does IlOl apply \III1ess lhe written CODIIact or ap;cmcilt ha$ been ~ or the pennit baa been
issued, prior to the "bodily Injury," "pJ:~ cbmase," "persooaIlqjnry" or "advenIsiog lnjUl}',"
'Ibis provision docs _ apply ro any pmou or org3Jli:QrioIl id<:IuAbI as an iIlsunod Imder Additionallnsured _
Vendors,
2.
SR.I' ARA nON OF INSURlmS-Exccpt wiIh JC$peCt to !be Limits of ms...~ and any righ13 or duties
specifically assigned to die fIrSt N8Dled lDsuted, 1bis Insnranee appliea:
.. As if each Named lnsurcd were the oaly Named IDs=d; aDd
b. till to each iJlSUred 1Yhom c;JaiIq Is Dladc or IUit is
or coaditioo oflhe Poliey other 1han !be Ibove staled
INSURANCE COMPAm'
~ MEETS OREXCEllDSCG2010
~lllal;ttNkl' Jngr((4 ~
I
APPROVED AS TO FORM
l!!i~
aura Sheedy
: -'r"ty City Attorney
ACORD.,
CERTIFI
. TE OF LIABILITY INS "ANC~~~l DA~E~i~~'/:,13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
U , A Insurance Agency
Unickel , Assoc. Lic*0827703
P.O. Box 10727
San Bernardino CA 92423-0727
Phone: 909-793-6810 Fax: 909-798-3959
,,1 (DO
INSURERS AFFORDING COVERAGE
INSURED
r
INSURER A: CNA
INSURER B: West ort Insurance CO
INSURER c:
INSURER D:
INSURER E'
Harper' Assoc.Engineering,Inc
Ha~er & ASSOc1ates, Inc
1240 E. Ontario Ave, '102-312
Corona CA 92881
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
l~f,r TYPE OF INSURANCE POLICY NUMBER DATE MM/DoNYlc DATE'fMM/DDlYY'l' LIMITS
~NERAL LIABILITY EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERAL LIABILITY 2072016797 06/24/03 06/24/04 FIRE DAMAGE (Anyone fire) , 100,000
i CLAIMS MADE ~ OCCUR MED EXP (Anyone person) , 10,000
PERSONAL & ADV INJURY $1,000,000
- $ 2,000,000
GENERAL AGGREGATE
-
GEN'L AGG~EnELlMIT APPlS;PER: PRODUCTS - COMP/OP AGG $ 2 ,000 ,000
I PRO-
POLICY JEer lOC
~TOM08ILE UABILlTY COMBINED SINGLE liMIT $ 1,000,000
A X ANYAUTO 2072018100 06/24/03 06/24/04 (Ea accident)
~
ALL OWNED AUTOS BOOIL Y INJURY
- ,
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
(Per accident) $
~ NON-OWNED AUTOS
- PROPERTY DAMAGE $
(peraccidenl)
RE LIABILITY AUTO ONLY - EA ACCIDENT $
ANYAlJTO OTHER THAN EA ACC ,
AUTO ONLY AGG ,
EXCESS LIABILITY EACH OCCURRENCE , 2,000,000
A t.!J OCCUR D CLAIMS MADE 2066377032 06/24/03 06/24/04 AGGREGATE '2,000,000
APPROVED AS TO FORM $
~ DEDUCTIBLE ~t n .J $
RETENTION , $
WORKERS COMPENSATION AND rUW Sf/; Y / I tb~~l7~Ws I IUJ~-
EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $
epuly City Attorne . E.l. DISEASE. EA EMPLOYE $
E.L. DISEASE. POLICY LIMIT $
OTHER
B Professional AEPL101610-0 08/01/02 08/01/03 $2000 DED $2,000,000
Liabilitv
DESCRIPTION OF OPERATIONSIlOCATlONSNEHICLEStEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
*Except 10 Days Notice of Cancellation for Non Payment of Premium.
Certificate Holder is named as additional insured regarding General
Liability per attached endorsement. Primary/Non Contributing Wording
Applies. (AIPRIXX) 714-647-3345
CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
SANTA-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILl MAIL 30 DAYS WRITTEN
City of Santa Ana NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Dave Urbin -
220 South Daisy, Building - "
Santa Ana CA 92703 YES.
I John Paaulavan ?& lttc. fA ~r: If In /"'..
ACORD 26-5 (7/97) \J I @ACO CORPORATIOlifW88
tWy
'.
"""
".'CNA
IMPORTANJ:: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE. OFFENSE. CLAIM OR SUIT. SEE
PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
~
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS.COMPLETED OPERATIONS COVERAGE
&
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the follOWing:
BUSINESS ACCOUNT PACKAGE POLICY "BUSINESS LIABILITY COVERAGE FORM
BUSINESS ACCOUNT PACKAGE POLICY - COMMON POLICY CONDITIONS
c2
o
w.,
o
""
A. Wl:fO IS AN INSURED (Section C) of the Business
Uabllity Coverage Form 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 WI1tten
agceement; but the written contract or wrttten
agreement must be:
1. Currently In effect or becoming effecUve during
the term of this policy; and
2. EJcecuted pc10r 10 the 'bodily InJury". 'property
damage', 'personal Injury' and 'advert/Sklg
Injury".
B. The Insurance provided to Ihe addltionallnsured Is
limited as follows:
'l~ 1. That person or organization Is an additional
~ Insured solely for liability due to your
negllgenoe specifically resulting from "your
war1\' for the additional Insured which Is the
SUbject of the written contract or WIltten
agreement. No coverage applies to liability
resulting from the sole negligence of the
addltionallnsured.
>:
1fl. The Umlt5 of Insurance applicable to the
s additional Insured are those specified In the
<( written contract or WI1tten agreemenl or In the
Declarations of this polley, whichever Is less.
./ u These Umlls of Insurance are Inclusive of, and
h not In addition to, the Umits of Insurance shown
:, ~ In the Declarellons.
:;~. ihe coverage provided to the addltlonallnsured
within this endorsement and section titled
DEFINITIONS. "Insured Contract" (Section
F.8) within the Business Llabnily Coverege
G-123127-B
lED. 12/02)
O/l
~
'::i
J""-
Form, does not apply 10 'bodily injury" or
'property damage' arising out of Ihe "Products-
completed operations hazaro" unless required
by the wtllten contract or wt!tten agreement.
4. The Insurance provided 10 Ihe additional
Insured does not apply to 'bodily injury",
"property damage', 'personal injury" and
"adYeltlslng.lnjury" arlslng out of an architect's,
engineer's, or SfJrveyor's rendering of or failure .
to render any professional sel\lices Includlng: I
a. The prepartng. approving, or failing to
prepare or approve meps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drewlngs and
speclticstlOIlS by IIny architect, engineer or
surveyor performing services on a project
of whlch you serve as construction
manager; or
b. InspecUon. supervision. quafily control,
englneefing or archltedural services done
by you on a project of which you serve as
construction manager.
Ii. This insurance does nolapply to 'bodily Injury',
'properly damage', 'personal Injury" or
'advertising Injury" arlslng out of:
a. The construction or demollllon work while
you are acting as B construction or
demolition contractor. This exclusion does
not apply to wark done for or by you at your
premises.
Page 1 of 2
'\
/
,.
C'NA
.......
C. GENE~AL CONDITIONS . Duties In The
Event of Occurrence, Offense, Claim or Suit
(Section E.2) of the Business liability
Coverage FORn is amended to add the
following:
An additional Insured under this endorwment
will as soon as practicable:
1, Glvl/ written notice of an OCCllrrance or an
offense to us which may result In a oIalm or
'suit" under this Insurance;
2. Tender the defense and Indemnity of any
claim or "liult' to us for a loss we cover
under this Coverage Part;
3. lender the defense and Indemnity of any
claim or 'suit' to any other Insurer whioh
also has Insurance for a loss we cover
under this coverage Part; and
4. Agree to make available any other
Insurance whloh the addftlonallnsured
We have no duty to defend or indemnify an
additional Insured under this endorsement until
we receive written notice of a claim or 'sult'
from the additional Insured.
D. OTHeR INSURANCE (Section H. 2& 3) of the
common Policy Condltlons are deleted and
replaced with the following:
2. This Insurance Is excess over any other
Insurance naming the additional Insured as
an Insured whether primary. excess,
contingent or on any other basis unless a
~ ;t:FlClI~=~re:~a~Ins=:eb~
either prtmary or primary and
noncontributing to the additional Insured's
own coverage. This Insurance Is excess
over any other Insurance to which tile
additional Insured has been added as an
additional Insured by endorsement.
3. When thIs Insurance is excess, we will
have no duty under coverages A or B to
.....,
defend the additional insured against any
'sult' 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 tile additional Insured's rig his 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
tile absence of this Insurance; and
(b) The total of all deductible and self.
Insured amounts under all thai
other Insurance.
Wfi will shal'll the remaining loss, If any,
with any other insurance tIIat Is not
described In this Excess Insurance
proVisIon and was not bought specifically to
apply In excess of the Urnlls of Insurance
shown In the Declarations Of this Coverage
Part.
E. TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (Section J.2)
of the Common pOlicy Conditions is
deleted and replaced with the following:
2. We waive any right of recovery we may
* have against any person or
organization agaInst Whom yo~ have
agreed to waive such (lQht of recovery
In a written contract or agreement
because of payments we make for
Injury or damage allsill9 out of your
ongoing operations or "your work" done
l1nder a contract WITh that persOll or
organization and Included within the
.products-completed operations
hazartl:
G-123127-B
IFn 1'10"
Page 2 of 2