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HomeMy WebLinkAboutWILLDAN ASSOCIATES 1-2002 INSURANCE ON FILE WORK'MAY PROCEED UNTILINSURANGE EXPIRES -1.1.=5 -D 2- CLERK OF COUNCIL CONSULTANT AGREEMENT DATE: 6-26-0"2.. THIS AGREEMENT, made and entered into thisJ.(., f:!J day of /k4 ~tt.~r ,2002 by C I, PliA and between Willdan Associates a California corporation (hereinafter "Consu tant"), and the F= 1,J City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). N-:'WU~-U~4 '-" 'wi 03 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of contract inspection service. 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 $ 10,000.00 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 Deputy City Manager for Development Services and the City Attorney. \wi \oJ 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, a joint 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, agents, volunteers, and employees 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 and $2,000,000 general aggregate. 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 and $2,000,000 annual aggregate. 2 I. I ; .. .~i .. r I' ~: h t :;.r ,: ~;. I: ji Iii !.' ., I '~: ~i. il ., ; I :;. i' ',I "f;" 1: '-' 'w1I j. " .. JU.. 19 'l!2 05;04PM WIL.U:iA'i 714 940 6399 P.10 W~~~i~~ I' JUDe 24, 2002 I 2125 KIloIla.......... Suite 200 Mohelm. Calilomia 92106 1111!MO.&lOll1u 1141940-6399 www.w1IIdM...... SteVen Gu1mann Supeniaor ofTn~0D8 City of Santa Alia PIIIIIling aOO Bwlding Agency, MI9 20 Civic Center Plaza Post Office BoJI1988 Santa Ana, CA 92702 Deal'Mr. Gu1mann: 11 wu a pleasure talking 10 you today about Willdan providing COIIInlct bui1ding impectiOll services 10 tho City of Santa Alia Building Safety DivisiOll. Willdan has a 10000-sta1ldlDg relatiOllllbip with the City of Santa Ana and OlD' staff has woBed for the City in different capllCities since 1970. As you are aware, WilldaD ia currently providing conslruetion IIIlIIIapI1W aOO inspection services to the City of Smta Ana CommWlity Redevelopment Agency. Willdan ia an employee.owned COlpOlatioo with headquarters 10caIed in the City DC Anabeim, minutes away from the City of Santa Ana City Hall. With approximately 200 profeuional employees in our three local offices in AoIhcim, Foo1bi1I Raoch aod the City of Industry, we are weD qualified 10 provide expert staff a\'ljp"'CIIIation serviCllll 10 cities lIIId other public agencies. The scope of our services incllldcs providing quali.fted building inspection staff 10 the City of Santa Ana Building Safety Division. Upon requmt lIDd approval by the City, our inapeclors are ready to provide routine and combination buildiDa inspection services. Based on our previous discussiOllS, Wil1dan's services will be provided based on a mIw:ed !Jourly rate of$56 per hour. Should you bave any qucstiollS or concoma, please do not bcsitalc to IlOntact David Khorram at (714) 940-6347. Sincerely, \:J:01.~~~- . David HlIIIt, P.B. Seaior Vice President Reaional Office Manager David Khorram, P.E., C.B.O. SupervWll8 Rrtg;nr.er Cc: Jim Brogan, Usa PlIIIIIll I:YMIBIT A , Client#. 6540 WlllDGROU \: kCORIl, CERTIFICAl..J OF LIABILITY INSU~CE I DATE (MM/DDIYY) 8/1/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Fire Ins. Co. Willdan INSURER B: Travelers Indemnity Co. of Illinois 2125 E. KateUa Avenue, Ste. 200 INSURER c: American Motorists Ins. Co. Anaheim, CA 92806 INSURER D: Security Ins. Co. of Hartford , 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. NSR TYPE OF INSURANCE POLICY NUMBER PR~TC:1 EFFECTIVE POLICY EXPIRATION LIMITS LTR A ~NERAL LIABILITY 57CESOA1661 11/09/01 11/09/02 EACH OCCURRENCE Sl 000 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $1 000 000 \ CLAIMS MADE W OCCUR INDP. CONTRACTORS MEn EXP (Any ooe person) $10000 .x CONTRACTURAl IS INCLUDED. PERSONAL & ADV INJURY $1 000 000 .x BFPD. XCU, OCP GENERAL AGGREGATE $2 000 000 ~'L AGG~EnE ~L1MlT APrlSIPER: PRODUCTS .COMP/OP AGG $2 000 000 POLICY .~~g LaC B ~TOMOBILE LIABILITY Y810153D622801 11/09/01 11/09/02 COMBINED SINGLE LIMIT .x ANY AUTO (Eaaccident) Sl,OOO,OOO - ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS {Per person) HIRED AUTOS BODILY INJURY ~ $ .!.. NON.QWNED AUTOS {Per accident) - PROPERTY DAMAGE $ c {Per accident) fU 1 ,~ . '.' ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO d.. //2 OTHER THAN EAACC $ AUTO ONLY: AGG $ ~~SS LIABILITY FL.a Ll '" SheeC\1 EACH OCCURRENCE $ OCCUR D CLAIMS MADE Deputy City At oruey AGGREGATE $ $ =j DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND CA. 7BG08899501 11/09/01 11/09/02 X WC STATU- I IDJ~' EMPLOYERS' LIABILITY AOS - 7BH06954202 11/09/01 11/09102 $1,000,000 E.L EACH ACCIDENT E.L DISEASE -EA EMPLOYEE $1,000 000 E.L. DISEASE - POLICY LIMIT $1 000 000 D OTHER Professional AEE0700906 11/09/01 11/09/02 $1,000,000 Per Claim ,"iability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATlONSJLOCATIONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Re: Building Inspection Services. - City of Santa Ana, Its officials, agnets, volunteers and employees are Additional Insured as respects to General liability. Primary and Non-Contributing coverage and Cross liability applies to GL. (AIIPRlCRS/CCIX) (ANAHEIM) CERTIFICATE HOLDER I I ADDmONAllNSURED-INSURERLETTER: CANCELLATION Tan n.,,~~ - SH OUlD ~YOF TtI E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TtI E EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILlO~MAlL3.0.-DAYSWRITTEN City Attorney NOTICE TOTtlE CERTIFICATE HOLDERNAMEDTOTHE LEFT, B~ft~"M.IIIXXX 20 Civic Center Plaza (M-29) _~_llJ(XIClll._~JtllIX Santa Ana, CA 92702 AUTHORIZEO REPRESENTATIVE , x ACORD 25.S (7/97) 1 of 1 #M67675 ~~MK Ii> ACORD CORPORATION 1988 r- \ '-' POLICY NUMBER: 57CESOA1661 't'f" COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana City Attorney 20 Civic Center Plaza (M-29) Santa Ana, CA 92702 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name of Person or Organization Continued: its officials, agnets, volunteers and employees PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. APPROVED AS TO FORM ~~ ~8 .3 1I ru Sh,'cd . . ),'pu'y City Allonl':Y CG 20 10 11 85 WILLDAN AGMT N-2002-084 AMENDED BY AGMT A-2002-192 SEE AGREEMENT FILE FOR A-2002-192