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HomeMy WebLinkAboutWILLDANCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION RECEIVED Please complete this form when the attached agreement is no longer in effect. 17Ci 12 'M 8--J AR 2 2 2� Return form to the Clerk of the Council Office (M-30). 2008 Call 647 -6520 if you have any questions. CITY CL E ; . I AANA PLANNING DEPT The agreement with No. A a o 0%- a 3 -7 was completed on ��� Z_�c58 V and final payment has been made. Department: 0" XW' Phone /Ex1 Signature: Date: Revised 12 -07 -07 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A- 2007 -237 11- o9 -09 CLERK OF COUNCIL DATE: 1-11-03 CONSULTANT AGREEMENT TOn,� Ll?X�z THIS AGREEMENT made and entered into this 5th day of November, 2007 by and between WILLDAN, a California corporation (hereinafter "Consultant "), and the 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 "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. 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: SCOPE OF SERVICES Consultant shall provide plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly fee of $70.00. Total compensation to be provided pursuant to this Agreement shall not exceed $55,000.00 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 when allocated funds have been expended, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the 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, 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 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 harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability 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. This indemnity and hold harmless 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. 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 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 of law; 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, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M -20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Wildan Attn: Dave Hunt 2401 E. Katella Avenue, Suite 300 Anaheim, California 92808 telefacsimile (714) 940 -6390 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the 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. 15. 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 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 its 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: > PATRICIA E. HEALY _ Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney / By: �� C Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. P City Manager WILLDAN CORPORATION li�SA M. PENNA Senior Vice President TAX ID# 95- 2295858 EXHIBIT A SCOPE OF SERVICES Willdan will provide assistance to the City of Santa Ana Building Safety Division in the capacity of in- house /front counter plan checker. Willdan staff is familiar with City procedures and expectations as well as City staff expertise and performance level. Mr. Phouc Nguyen, P.E. will provide services on behalf of Willdan for 20 hours per week. Willdan's counter plan check services will be invoiced at $70.00 per hour. 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 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.) Effective Policv # lssued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ACDRDTM CERTIFICATE OF LIABILITY INSURANCE 1 (291070 PRODUCER THIS CERTIFICATE IS ISSUED A6 A MATTER OF INFORMATION Dealey, Renton 8 Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711.0550 INSURERS AFFORDING COVERAGE 714 427 -6810 Wilidan 2401 E. Katella Avenue, Ste. 300 Anaheim, CA 92806 NSURER A: Zurich American Insurance Co. INSURER B. American. Automobile Ins. Co. INSURER C. XL Specialty Insurance Co. _ 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 POUCYEFFECTWE POUCYEXPIRATION LIMBS A GENERALLIAeIIm X COMM ERCIAL GENERnAL LIAR ILITY CLAIMSMADE X OCCUR X CONTRACTUAL GLO904316302 INDP. CONTRACTORS INCLUDED 11109107 11109108 EACH OCCURRENCE $1000009__ FIREDAMAGE(Any one Rre) S1,000,000 MED EXP(Any Pne Person) $10009 PERSONAL BADVINJURY $1000,000 GENERAL AGGREGATE $2 000 000 X BFPD XCU PRODUCTS- COMPOOPAGG $2000000 GEN'LAGGREGATEUMRAPPLIESPER: POLICY X PRO X LOG A AUTOMOBILE UJUHUTY IBAP904316202 11/09107 11109/06 COMBINED 61NGLE LIMIT (Ee acdtlNH) $1,009,090 X .: ANYAUTO ALL OWNED AUTOS BODILY INJURY (Per perwn) $ 6CHEOULED AUTOS X HIREDAUTOS BODILY INJURY IPer tlenq evA $ X ' NON - OWNEDAUTOS PROPERTY DAMAGE (Per eccitlent) $ GARAGE LIABRnY AUTO ONLY - EA ACCIDENT .S OTHER THAN EA ACC COP Y: AGG $ ANY AUTO $ E%CSEE L MiU`rY OCCUR F7 CIAWS MADE EACH OCCURRENCE $ AGGREGATE $ $ B DEDUCTIBLE RETENTION $ WORKERS CONPENBAMIN AND EMPLOYERS' LUVSIIITY WZP80955114 11109107 11/09/08 TAMIL ATU- OTH- $ E.L. EACH ACCIDENT 1$1,000,000 E.L. DISEASE -EA EMPL OYEE $1,000,000 E.L DI6EA$E - POLICY LIMIT $1,000,000 C OTHER Professional lability DPR9609216 11109107 11109108 $1,000,000 per claim $2,000,000 anni aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCW SIONS ADDED BY ENDORSEMENTISPEOIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional / services. Re: Building Inspection Services. -City of Santa Ana, Its officials, .t- LacT.. agnate, volunteers and employees are Additional Insured as respects to (See Attached Descriptions) City of Santa Ana Attn: City Clerk of the City Council 20 Civic Center Plaza (M -30) PO Box 1988 Santa Ana, CA 92702 -1988 ACORD 25S (7197)1 of 2 #M208592 SHOULD ANYOFTH E ABOVE 0 ESCRISED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIUXRIBM9= TO MNL30 —DAYS W WnEN NOTICETOTHE CERTIHCATE HOLDERNAMMWT ELEFT,xKRxMWBDUDDDXMMCX RLL O 1988 Addii oral lumwed— Automatilc- Owllers, Lessees Or Coutractm - Broad Form ZURICH Polic No. PJf. Date of Pot Ex p. Date of Po] EtE Date of End Producer Add'L Preen. Return Preen. GLO904316302 1 11109/07 11/09/08 11/09/07 Dealey,Rentoa $ N/A THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as m insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury" "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or `property damage" results from your neghgence; and 2. The `bodily injury", "properly damage" or `personal and advertising injury' results directly from a Your ongoing operations; or b. "Your work" completed as included in the `products - completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extmd any insurance coverage to any additional insured person or organization: a That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of. a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or `personal and advertising injury" that results solely from negligence of the additional insured or 2. `Bodily injury", "property damage" m "personal and advertising injury" arising out of the rmdering or failure to render any professional architectural, engineering or surveying services including U- G1_1 175�A CW (9103) Page I oft a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural m engineering activities. E. The additional insured must see to it that: 1. W e are notified as soon as practicable of an "recurrence" or offense that may result in a claim: 2. W e receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured m additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person a organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Than we will share with that other insurance by the method do- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABIIdTY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. 1)-GL- 1175 -A CW (9103) Paget of )ate: 5/6/2008 Time: 11:03 AM To: Clerk of the City Council 9 17146476956 1- 510 - 452 -2193 Page: 002 Client#: 6540 DATE AGDRa,. CERTIFICATE OF LIABILITY INSURANCE 05116108D nn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,RRenton B Associates r1 2 610 'Z '� � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. BOX 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711.0550 i INSURERS AFFORDING COVERAGE 714 427.6810 Willdan Homeland Solutions 2401 E. Katella Avenue, Ste. 300 Anaheim, CA 92806 NSURER C. XL Specialty Insurance NSURER 2 Co. COVERAGES THE POLICIES OF INSURANCE LISTTIDIP. LOW HAVE BEEN ISSUED TO THE MSG RED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO- NiITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSJED OR ANY REOUIPP "GENT, TERM OR ON OF ANY CONTRACT OR OTHER DOCUMENT I6 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTIONS OF SUCH MAY PERTAIN, THE INSURANCE AED BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOY HAVE BEEN REDUCED BY PAID CLAIMS. -- PO,OLICY MPIRA110� LIMITS NSR TYPE OG INWRANCE POLICYNUMBER A 0904316302 11109/07 11/09108 FACHOCCURRENCE 1$1.000,000___ A GENERALUABIUTY FIRE DAMAGE M m¢F,o) "' $1,900 999 MED EXP (Any meD¢n3?n)_ 519999 1 COMMERCIAL GENERAL'_IABIL CLA.MSMADE X OC ❑ CONTRACTOR PERSONAL aADVINJUrev $1000000 'X CONTRACTUAL I$ INCLUDED. GENERALAGGREGATE 52 009,000 BFpD, XI:U_.., PRODUCTS - COMPIOPAGG $2000000 GEN'L AGGREGATE LIMITAPPL IES FER. -- A 'POLITY PRU LOC AUTOMOBILE LIABILITY BAP904316202 11/99107 111199196 'COMBINED SINGLE LIMIT 51,000,990 X ANY AUTO ALL MVNED AUTOS BOO LY INJURY '$ (P,r person) SC4EDULEDAUTOS X HIREfy AUTOS IPoracdtlenU� 5 X NON -OWNED ALTOS --' PROPERTY DAMAGE g AUTO ONLY - EA_ACCIDENT S _ �S GpRA0E41ABIUTY ,I( ADC ANY ALTO /�/ r -EA O'HERTHAN AUTO ONLY: AGG IS ', EACH OCCURRENCE i AGGREGATE IlXCB53 LIABILITY OCCUR FI CLAIMS MADE E DEDUCTIBLE $ RELNLON 3 WZP80955114 11!09107 11109/08 OTH X ."RYyRAIrs... — - EL EACH ACCIDENT B wGmASCOIUPENBATIONAND EMPLOYERS'LIABIUTY $1,000,000_ EL. DISEASE -A EM -LOYEE 51,40(1000 E.L. DISEASE. POUCYLIM17 $1000000 C OTHER professional DPR9609216 11/09107 11!09108 $1,000,000 per claim $2,000,000 annl aggr. lability DESCRIPTION OF OPERATIONS W"TIOHSIVEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS Re: Homeland security training and exercise program, JN 770050.1000.77010 City of Sella Ana, Its officers, agents, volunteers, and employees are Additional insured as respects General Liability as required by written contract. ' (See Attached Descriptions) TION D N ti um City of Santa Ana Attn: Clark of the City Council 20 Civic Center Plaza (M30) Santa Ana, CA 92702.1988 ACORD 25 X7197)1 of 2 #S2259281M225926 CANCELLA Ten RV O SHOULD ANYOFTH E ABOVE DESCROIED PCLICIESBE CANCELLED BEFORE THE EXPIRATNIN DATE THEREOF, THE ISSUING INSURER MbefflODL11BDC TOMAL 30--- DAWWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTH! LER,XWXMMDDWCCOOMK LSF a ACORD CORPORATION 1988 )ate: 5/16/2008 Time: 11:03 AM To: Clerk of the City Council @ 17146476956 1- 510 - 452 -2193 Page: 003 )ate: 5/16/2008 Time: 11 :03 AM To: Clerk of the City Council R 17146476956 1- 510 - 452 -2193 Page: 004 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form a ZURICH Poli Ne. 13@' Dato of Pol Ex . Date of Pol 8fr. Da[c of find Producer Add' I Prem. -NIA Retum Ikun. GIA904316302 11/09!07 11/09/08 11 /09!07 Dealey,Renton S S NIA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part +. WHO IS AN INSURED (Section ll) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a writtai contract a written agreement. B. The insurmcc provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis• ing injury" covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly fmm: a. Your ongoing operations; or b. "Your wak" completed as included in the products- completed operatitms lmzard', perfonncA for the additional insured, which is the subject of the written contract or written agreement. C. However. regardless of the provisions of paragraphs A. and B. above 1. We will not extend any insurance cuvorage to any additional insured person a organization. a. That is not provided to you in this policy; or b. That is any broader coverage than you are required m provide to the additional insured person or orgsnieAtion in the written contract or written agreement; end 2. We will not provide Limits of Insurance w any additional insured person or organization that exceed the lower of a. The Limits of Insurance provided In you in this policy; or b, The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. `Bodily injury", " propaty tlantage" a'paxonal and advertising injury" that results solely from negligence of the additional insured, a 2. `Bodily injury', "property, damage' or `personal and advertising injury" arising out of the rendering or failure to render any profession: architectural, engineering or surveying services including U -GL-1 ]75 -A (W (9103) Page 1 of 2 i )ate: 5/18/2008 Time: 11:03 AM To: Clerk of the City Council R 17146476956 1- 510 - 452 -2193 Page: 005 a. The preparing, appmNing, or failing to prepare or approve maps, shop drawings. opinions, reports, Surveys, field orders, change orders or drawings and specifications; and h. Supen•isory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We we notified as soon as practicable of an'bceurrortce � or offense that may result in a claim: 2. We receive vri.tlen notice of a claim or "suit" as coon as practicable; and 3, A request for defense and indemnity of the claim nr "suii' will promptly he brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insutonce provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to Say additional insured person or organization unless the Other insuton" is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL 1AABILITY CONDITIONS. Any provisions in this Coverage Fart not changed by the terms and conditions of this endorsement continue to apply as writ- ten U -GL- 1175 -A CW (W03) Page 2 of 2 r'Iin fR- ArAn wn I nAN ACORDTM CERTIFICATE OF LIABILITY INSURANCE F10/31108 °""' 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. 'PRODUCER _ �1 Dealey, Renton & Associates �� —G3 P. O. Box 10550 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. Santa Ana, CA 92711 -0550 POLICY EFFECTIVE 714 427 -6810 INSURERS AFFORDING COVERAGE INSURED INSURERA: Zurich American Insurance Co. Willdan Engineering INSURER B: American Automobile Ins. Co. 2401 E. Katella Avenue, Ste. 300 INSURER C: XL Specialty Insurance Co. Anaheim, CA 92806 INSURER D: 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 POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY GL0904316303 11/09/08 11/09/09 EACH OCCURRENCE 1$1,000,000 FIRE DAMAGE (Any one fire) 1$1,000,000 X COMMERCIAL GENERAALLLLIABILITY CLAIMS MADE X1 OCCUR INDP. CONTRACTORS MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY x$1,000,000 X CONTRACTUAL INCLUDED X BFPD, XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS - COMP /OPAGG s2,000,000 POLICY X PRO LOC A AUTOMOBILE LIABILITY ANY AUTO BAP904316203 11/09/08 11/09/09 COMBINED SINGLE LIMIT (Ea accident) $1'000'000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO �Il AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ $ AUTO ONLY: AGG EXCESS LIABILITY / EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WZP80967141 11/09/08 11/09/09 X WC STATU- OTH- LIM 'RY EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,0_0_0,000_ E.L. DISEASE - EA EMPLOYEE _ $1,000,000 E.L. DISEASE - POLICY LIMIT 1$1,000,000 C OTHER Professional DPR9614659 11/09/08 11/09/09 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Environmental consulting services City of Santa Ana, its officers, employees, agents, volunteers and (See Attached Descriptions) I.GKIItII.AIt MULUtK I I ADD ITIONAL INSURED: INSURER LETTER: CANCELLATION City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 -1988 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRFFrEN NOTICETOTHE CERTIFICATE HOLDERNAM ED TOTH E LEFT, BUTFAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPONTHE INSURE R,ITS AGENTS OR ACORD 25 -S (7197)1 of 2 #M241882 RLL © ACORD CORPORATION 1988 mma co.s tunyi) Z OT Z FFMZ49SSZ POLICY NUMBER: BAP904316203 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 10/31/08 Named Insured Willdan Engineering Name of Person(s) or Organization(s): City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 -1988 SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, employees, agents, volunteers and representives (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 9 ZURICH Policy No. Eff. Date of Pol Ex . Date of pol Eff. Date of End Producer Add'] Prem. Return Prem. GL0904316303 11/09/08 11/09/09 11/09/08 Dealey, Renton $ N/A $ N/A THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products- completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the additional insured, or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U -GL -I 175 -A CW (9103) Page I of 2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION TV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U -GL- 1175 -A CW (9/03) Page 2 of 2 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" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80967141 Issued to: Willdan Engineering By: American Automobile Ins. Co. Premium (if any) TBD 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 the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 -1988 WC 04 03 06 (Ed. 4 -84) Schedule Job Description Name of Person or Organization: City of Santa Ana, its officers, employees, agents, volunteers and representives Countersigned by Authorized Representative