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HomeMy WebLinkAboutGAFCON, INC. 1-2011INSURANCE ON FILE WORK MAY PROCEED N-2011-01 O UNTIL INSURANCE EXPIRES 3-a99-// CLERK OF COUNCIL CONSULTANT AGREEMENT DATE: FEB 2 2011 Q : C Df? ??? THIS AGREEMENT, made and entered into this 24th day of January, 201 1, by and RO.?f between Gafcon, Inc. a California corporation (hereinafter "Consultant"), and the City of Santa L'? Ana, a charter city and municipal corporation organized and existing under the Constitution and ?-???laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of construction related technical 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 perform construction related technical services including but not limited to cost analyses and budget review for determining cost reasonableness, 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, for a total of $25,000.00, 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 upon expenditure of fiuzds, 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. 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 insureds) 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. 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 cancelled 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, defend 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 1 of this Agreement. The Consultant fiu-ther 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the negligence of Consultant in providing the services described in section 1 of 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 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: Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 667-2225 With courtesy copy to: 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: Gafcon, Inc. 800 Wilshire Boulevard, Suite 950 Los Angeles, California 90017 Phone: (213) 593-1027 (Ext. 3218) Telefacsimile (213) 593-9084 Cell: (619) 778-1183 Attn: Pam Gaffen 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 4 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 party 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 City Manager 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. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant pursuant to this Agreement shall be the property of the City. Consultant agrees to provide City with any such materials whenever requested to do so. 14. 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. 15. 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. 16. 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. 17. 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: Maria D. Huizar Clerk of the Counsel CITY OF SANTA ANA David N. Ream City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City General Counsel By: 15/'u " ??- Lisa Sporck Assistant Counsel RECOMMENDED FOR APPROVAL: Cynthia J. Nelson Deputy City Manager for Development Services CONSULTANT l Pam Principal Tax ID# ?? - ©?(o? ? y , gvfc?o? November 3y 2010 City of Santa Ana, Community Development Agency Housing. & Neighborhood Development, Development Services c/o Ray Lirette 20 Civic Center Plaza, M-26 Santa Ana, CA 92701 RE: CONSULTING SERVICES AGREEMENT COMMUNITY DEVELOPMENT AGENCY, CITY OF'SANTA ANA Dear Mr. Lirette: In response to your request,. G.afcon, Inc. {"Consultant").is pleased to .provide th(s ConsultingServices Agreement ("Agreement") to Community Development Agency for The City of Santa Ana ("Client") for Consulting services ("Services") For this assignment, Consultant is retained to provide Services set forth below. Scope of Semites: Consultant will provide the following OwneYs Representative Se?viees to Client: 1. Meet with City of Santa Ana staff to review plans and discuss scope ofi work for project. 2. Site visits with City staff to verify scope of work. and quantities; per developers/contractors scope of work and quantities for various. rehab units per plans and specifications. 3. Review, verify and compare .cost of various rehab projects budgets arnd final tine item cost. Confirm developer/contractor pricing i5 within current industry labor and material cost standards:. 4. Deliverables: Spread sheet of comparison cost to budget of misc. line. items, along with report identifying project cast items as low or high and reasonable for scope of work. 5. Additional Consulting services requested by the. client (will be additional cost) and will be agreed upon in writing by both. parties.. Co?npensotion: Client shall pay Consultant for Services on a time and expense basis in accordance with the attached Exhibit A Fee Schedule. It is an icipated an estimated for the fiscal year 2010/2:011 will be $25,000.00 F lzl MarwBemen? Ea1YnNig $clgEYN11g rroprom ,narvgemani Cq?l]IILp11ap NO?M80TB1?? o.wioomem uamga?.?e?r lepvi suuo«' 701 B Street. Suite 16Q0; ? San D?i ego, Ccalifornia 9210'-1 ? (bl9) 231-610"Q ? Fax: (. 619) 23.1-6995 -S A.N DIEGO ? ORANGE Cf?U NTY ? LOS ANGELES gvf?o? Commencement of Services: City of Sa nta Ana Community Development Agency November 3, 2010 Page 2 of 7 • The initial term of this Agreement will commence upon Consultant's execution of this Agreement. Consultant or Client may terminate this Agreement by providing seven (7) days written notice to the other party. • Consultant reserves the right to cease alf work on the Project when a delinquent payment status exists. Delinquent Status is defined as any account that is past due forty-five (45) days or more. Reimbursob/e Expenses: In addition to the professional fees, the costs itemized below shall be considered as reimbursable by Client and shall be billed aYCOSt plus 15 percent. • Facsimiles,: telephone calls, delivery, special samples, and: other out-of-pocket expenses incurred in the performance of such Services. Reasonable transportation. expenses while traveling from Consultant's office in Los Angeles, California. • Use of Consultant's automobile -.mileage shalt be charged at the prevailing IR5 rate. • Cost of all blueprinting, copying, photo reproducing and photography for jobsite surveys. • Cost of all postage, express shipping, courier services, etc. Terms of Payment: • Invoices submitted to Client are due. and payable upon receipt... • Interest shall be charged at a monthly rate of 0.83% of any invoice overdue thirty (?O) days-from date. of invoice. Additional Provisions: • Consultant does not guarantee. and is not responsible for methods, techniques, sequences and procedures employed by others. • Consultant shall exercise. reasonable care in accordance with .generally and currently accepted consulting practices. gc?f?o? City of Santa Ana Community Development.Agency November 3, 2010 Page 3 of 7 • Client shall indemnify, defend and hold harmless Consultant and its. principals, agents and employees from and against .any and all damages, suits, actions, claims, costs (including attorney's fees), and expenses directly or indirectly related to Consultant's Services provided by him for Client, provided that. such damages, suits, actions, claims, costs, and expenses are notthe result of Consultant's sole negligence or intentional misconduct. Client agrees that the indemnification provisions. shall remain in full force and effect until',such time when .all of Client's work has been completetl and. all legal actions, suits, and claims, if any, pertaining to this Project, have been concluded by court action, arbitration orsettlement. • This Agreement shall be construed and enforced. in accordance.. with the. laws of the State of California, and any action or proceeding maintained hereunder shall be brought in Los Angeles County. Notwithstanding any other provision of this Agreement,. and to the fullest extent permitted by law, neither Client nor Consultant, their respective officers,. directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of ar connected 'in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include., but is not limited to, loss of use, loss of profit, toss. of business,. lass of income, loss. of reputation or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both Client and Consultant: shall require similar waivers of consequential damages protecting. all the entities or persons named. herein in all contracts and subcontracts with others involved in this Project. Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for Causes beyond Consultant's control. For purposes of this. Agreement, such causes include., but are not limited to, strikes or other tabor disputes; severe weather disruptions or other naturak disasters; fires, riots, war or other emergencies or acts of God; failure of any governmental agency to act In timely manner; failure of performance by Client or C[ient's contractors or consultants; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or Time required by Consultant to perform. its services in an orderly and efficient manner, Consultant shall be entitled to an equitable adjustment in schedule and/or compensation., • Client, agrees that in the instance it is sued by a third party, such as contractor, subcontractor, sub- subcontractor, or design professional regarding the Project, that Client, will not sue or, in any other manner, baring Consultant as a direct party into the litigation., claim, or arbitration during its pendency. • Client has a duty to keep Consultant informed of any developments on the Project. that may have an impact on Consultant's Services or that may have an impact on the execution of the terms of this Agreement. Client will immediately notify Consultant of :any delays or changes to the Project's schedule. gc?#?ocn? City of San[a Ana Community Development Agency November 3, 2010 Page 4 of 7 • Client agrees to require in Its eontra?et with the. contractor(s) that the contractor(s) specifically name Gafcon, Inc. as an additional insured on tontractor(s) policies. by an IsO endorsement CG 201Q 1185 or equivalent and that the contractor(s) provide that same defense and indemnification to Gafcon, Inc. as it provides to Client. • Neither party to this Agreement shall transfer, sublet or assign any rights.underor interest in this Agreement: (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to subconsultants normaFly contemplated by Consultant shall not be considered an assignment for purposes of this Agreement. • Consultant is the sole owner of techniques, methods,.. devices, databases; data.. compilation, software programs. and applications, copyrights, trademarles, and confidential or proprietary material. This property includes, but is not. limited to, the "nSpeC' trademark. Client understands Consultant may use this property in the performance of its Scope of Services pursuant to this Agreement and. shall remain insole ownership of Consultant. • Consultant has sole responsibility with respect to its employees. including, without limitation, their salaries, withholding taxes, and their h-ire, discipline, and discharge. Client,. may not, without the written consent of Consultant, hire any of Consultant's employees or subconsultants within one year after the completion of all of Consultant's services in connection with this Agreement.. • In no event shall Consultant be liable for damages, claims; lawsuits, proceedings, actions, costs and :expenses arising out of the services from this Agreement in excess of the fees stated herein- • This Agreement, comprising of pages. 1 through 7, including Exhibit A, is the entire Agreement between Client and Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both Clierit and Consultant. • Any term or provision of this Agreement found to be invalid under any applicable statute. or rule of law shall be deemed omitted and. the. rem'ai'nder of this Agreement shall remain in full force and effect. Please indicate your acceptance and written authorization to proceed with the above-described Scope of Services by signing below and returning two (2) signed originals of this Agreement to our office. Once received, we will provide our signature and. return one fully executed Agreement to you for your records: This Agreement is valid far ninety (90) days. If the offer is not accepted within the ninety (90) day period, the offer is null and void unless extended by mutual consent of both parties. gvfc?c>? City of Santa Ana Community Development,Agency November '3,.2010 Page 5 of 7 We sincerely. appreciate this opportunity to be of ervice and look forward to working with you. Should you have any questions or concerns, please feel free to call Larry Reddel at (2:13) 593-1027. Sincerely, GAFCON, INC.. Robin Duveen Vice President of Operations Attachments: Exhibit A -Fee schedule. Rutho?ired to proceed and occepted by: F'v''S Pam Goffen, President Gafcon, /n c. Authorized RepresentotJve City of Santo Tina, Community Deve/opment Agency Date Dote gvf?o? EXHIBIT A City of Santa Ana Community Development Agency November 3, 2010 Page 6 of ? 2010 PROJECT MANAGEMENT fEE SCHEDULE -O1 Principal-I $305/hr -02 Principal - II $.285/hr STAFF -03 Director of Operations /Director of Project Management $265/hr -04 Senior Forensic Consultant - I $200/hr -OS Senior Forensic Consultant - II $180/hr -06 Chief Estimator $175/hr -07 Senior Consultant $145/hr -O8 Cost Estimators /Quantity Surveyors $125/hr -09 Senior CPM Scheduling Engineers $125/hr -10 CPM Scheduling Engineers $105/hr -11 Junior Estimators $ 85/hr PROJECT MANAGEMENT -12 Program Manager-1 $23.5/hr -13 Program Manager - it $200/hr -14 Senior Project. Manager - I $185/hr -15 Senior Project Manager - Il' $175/hr -16 Senior Project Manager -III .'$165/hr -17 Senior Pro)ect Manager - IV $160/hr -18 Project Manager - I $15D/hr -19 Project Manager - II $145/hr -20 Project Manager - I11 $135/hr -21 Project Manager - IV $125/hr -22 Project Manager - V $110/hr -23 Assistant Project Manager:- I $100/hr -24 Assistant Project Manager - II $ 95/hr -25 Assistant Project Manager -III $ 85/hr IT SUPPORT STAFF -26 IT Principal $225/hr -27 IT Architect $200/hr -28 IT Director $190/hr -29 Software Engineer - I $185/hr -30 Software. Engineer - 11 $175/hr -31 NOC Engineer $'.185/hr -32 15 Consultant - 1 $185/hr -33 IS Consultant - II $150/hr -34 Software Trainer $150/hr -3S IT Support - I .$135/hr Reun6rsrsable expenses shall he.6illed at cost plus I5°Ta. Interest shalt be charged uY Q.83%per mnnth,oi¦. any irivosce pass: due thirty (30) days from date of irivaite. Pleosennre these rates are srsbjeet to annua[adjusbnent. Revised Oi/01/l0 gc?fc?oc? SUPPORT STAFF -36 Chief Accountant -37 Financial Analyst - 1 -38 Financial Analyst - II -39 Cost Accountant -40 Labor Compliance Officer -41 Technical Support Staff -42 Graphics /Web Designer -43 Technical Assistant - 1 -44 Technical Assistant - II -45 Technical Assistant -III -46 Administrative Assistant - I -47 Administrative Assistant - II -48 Delivery5ervice City of Santa Ana Community Development Agency November 3, 2010 Page 7 of 7 $:185/hr $185/hr $155/hr $100/hr $155/hr $125/hr $115/hr $ 90/hr $ 80/hr $ 75/hr $ 65/hr $ SS/hr $ 55/hr Reimbursable. expenses shall be billed at cost plus I5?9o. Jnterest rltallbe charged at Q.83%per month anany invoice past due thirty (30) daysfiom dale of invoice. Please note these ra[esare snlijeet to-annu?s[ a[?uFtn[enG Revised A 1 /OI /1 O ga#c?co? December 2, 2010 Ray Lirette City of Santa Ana. Community Development Agency Housing and Neighborhood Development Development Services 20 Civic Center Plaza, M-26 Santa Ana, CA 92701 RE: GAFCON PROPOSAL HOUSING REHAB PROJECT ESTIMATING AND REPORT COST CITY OF SANTA ANA, CA Dear Ray: Per your request, I have broken down pricing for the first report. and reports. thereafter. Pricing is approximate depending on project documentation supplied to Gafcon from the City of Santa Ana, Community Development Agency and the extent of report requested. Gafcon will supply a one page narrative of overall project observations, a matrix page listing project line item cost and comparisons between contractors' cost and industry standards for labor and products, along with photo documentation. Gafcon proposes the following: First Report Estimating of Fabor and product cost comparisons: Sr. Project Manager, site visit, photos and narrative: Administrative staff: Additional Reports Estimating of labor and product cost comparisons: Sr. Project Manager, site visit, photos, and narrative: Administrative staff: 16 hours x $160.00= $2,560.00 10 hours x $175.00= $1,750.00 4 hours x $75.00= S 300.00 Total $4,610.00 6 hours x $160.00= $ 960.00 8 hours x $175.00= $1,400.00 4 hours x $75.00= 5 300.00 Total $2,660.00 Pricing may vary from project to project, depending on size and .detailed information supplied to Gafcon from the City of Santa Ana., Commun(ty Development Agency. If you have any questions, feel free to contact me on my cell phone (619) 778-1183.. Sincerely, (?? Larry Reddel Sr. Project Manager r.?«, ?,? EYrtgt:,g sc?w?z<.g O 4ucY9n MJ'1JT?mSN ??? 800 Wilshire Boulevard, SuiTa 950 Los Angales-, California 90017 (213) 593-Y027 Fax: (213) 593-9084 SAN DIEGO ORANGE COVNTY LOS ANGELES From: Armantl Alvarez Fax: (BOO) 928-1963 To: Exec. Dlr. o/Community Fax' X17148672225 Pepe 1 a/ 3 1/6/2017 12:41 Cavignac ? Associates INS U R A N C E B R O K E R S 450 B Street, Suite 1800 License No. OA99520 Phone 61 9-234-6848 San Diego, CA 92101-8005 Faz 619-234-8601 Web Site www.cavil?nac com City of Santa Ana ATTN: Exec. Dir. of Community Redevelopment Agency 20 Civic Center Plaza (M-25) Santa Ana, CA, 92702 Jan O5. 201 1 Re: Gafcon, Inc. Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates?cavignac.com) or fax (619-234-1239). Please include a copy of the certificate with your request or reference I D number 1 32373. In Sept. 2009, ACORD revised the certificate form and using an older version would violate ACORD's licensing agreement. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to modify the current form: • Notice of cancellation is a policy right, not an unregulated service. No insurer is able to provide the desired cancellation notice by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to provide adequate notice. - If our agency was to issue a certificate with a modified cancellation notice, we would do so with the Imowledge that it would be impossible to give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency to serious civil and criminal penalties. VVe appreciate your understanding of the legal restrictions on our ability to comply with requests for an older form or modifications of the cancellation language. cc: Laura Pili (I pili?gafcon.com) Gafcon, Inc. -Certificate of Insurance Pnga 1 0/ 3 From: Armand Altaraz Fax: (BOO) 926-1963 Tp: Exee. Dir. Pf Community Fax: +17146672225 Paga 2 0/ 3 7/6/2011 12:41 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Yrrv> 1/5/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGI-fT5 UPON THE CERTIFICATE HOLDER THIS . CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the ce rtlflrate holder Is an ADDITIONAL INSURED, the pollcy(les) must he endorsed. H SUBROGATION IS WAIVED suhJect to , the terms and eondltlons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certlfl cats holder In Ilea of such endorsement(s). PROpOCER NAMEA Certl fi cnto Deportment CHVignaC E AssOCi ate9 950 H Street /-? Suite 1800 A/ PHONE FAx C No Esr: 619-239-6896 A/C No:619-239-8601 , ? ?O//_ /O San Die ?(/ </ g0, CA 92101-BOOS ESL ADDRESS: certificates@cavignac.com . GAFCO-1 NSURER(3) AFFORDNG COVERAGE IVAIC>R NSURED NSURER A Gaf con, Inc. 701 H Street, Suite 1600 NsuRER B: WES TCHE TER FSRE 2NS CO 21121 San Diego, CA 92101 United States NSURER C: NSURER D N3URER E N3URER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIRE MENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIC H THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXG LUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LITR TYPE OF INSURANCE POLICY EFF POLICY EJ[P POLICY NUMBER M,00/YVYY M/DD/YYYY LagIT3 p? GENERAL LIABa.nl' 6808 957L952 3/29/2010 3/29/2011 EACI-I OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREP,115E5 Ea pml? rl® $ 1, 000, 000 CLAIMS-MADE XO OCCUR MED EXP (Ant orm Perk) $ 1 O, 000 X Contractual Liability X PERSONAL BADV INJURY 000 000 $ 1 X Separation of Insureds GENERAL AGGREGATE , , $ 2 000 000 , , GENL ACC-,RELATE LIMIT APPLIES PER: ? Fii000CT5 - COMP/OP AGG $ 2, 000, 000 POLICY X - LOG $ A AUT OMOBILE LVIBILITY BAR 953L295 3/29/2010 3/29/2011 COMBINED SINGLE LIM IT $ 1, 000 000 X ANY AUTO p (Ea accder4) , ALL OWNED AUTOS LSO is L BODILY INJURY (Par parsu?) $ SCHEIXILED AUT 05 R Ca V£D r> BODILY INJURY (Per aGjdarY) $ HIREp AIJt05 ?pR? (? PROPERTY DAMAGE (Par aGGdBnI) $ NON-OWNED AV TOS T S ?G? Y $ gA E- ?orc?e t $ UMBRELLA LIAR OCCUR ASS1Sta? EACH OCCV RRENCE S QCESS LIAB [.LAIMS-MADE AGGREGATE $ DEDUCTIBLE ? $ RETENTION $ A VYORKEr23 COMPENSATION ANDEMPLOYERS' L1B667 gY905 3/29/2010 3/29/2011 X VYC STATU- OTH- LIABILITY 1,/N T I ANY pROPRIETOR/PARTNER/EXECI.rTI VE OFFl(FR/IOEMBER EXCLUDED? ? N/ A E.L. EACH ACCIDENT $ 1, 000, 000 (Mand?lory In NH) x yea, describe IrEar E.L. DISEASE - EA EMPLOY $ 1, 000, 000 DESCRIPTION OF OPERATIONS below E.L. OI^ ASE .POLICY LIMIT $ 1, 000, 000 B Professional Liability 629121227 3/29/2010 3/29/2011 Each Claim $2,000,000 Aggregate 52,000,000 DE3CRIPnON OF OPERATON9 / LOr.ATONS /VEHICLES (Atlaclr ACORD 101, AdtllbnY Remark Scrreduta, K roars aprce la raglyrsy) Re: City Of Santa Ana. Additional Insured coverage applies t0 General Liability for City O£ Santa Ana, Agency its , officers, employees, agents, volunteers and representatives per policy form. Prof. Liab. - Claims made defense costs , included within limit. rcerr r.,-.?r? .??. .?'-.-. City of Santa Ana 20 Civic Center Plaza (M-25) SHOULD ANY OF THE ABOVE DESG RIBED POLICIES BE CANCELLED BEFORE Santa Ana, CA 92702 THE EXPIRATON DATE THEREOF, NOTGE N111 LL BE DELIVERED IN United States ACCORDANCE VNTH THE POLICY PROVISIONS AUTH4i1ZED REPRESENTATIVE n r Jeffrey W. Cavignac ( ?' ?.?..n,? „ ©1988-2009 ACORD CORPORATION. All ria Ms reserved •-----?---/ . r m .-...vrtv rranar ano Iogo era n3glaxenao merKS Of AL?VKLI Page 2 of 3 EXIGIS - CAVIGNAC 6 ASSOCIATES 132373 From: Armand Alvarez Fax: (900) 926-1963 To: Exec. Dir. of Community Fax: +17146672225 P.C. 3 of 3 1/612011 12.41 POLICY NUMBER: 6806957x,952 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A_ The following is added to WHO IS AN INSURED (Section available to such additional insured which covers such 11): additional insured as a named insured, and we will not Any person or organization that you agree in a "contract share with the other insurance, provided that or agreement requiring Insurance" to Include as an (1) The "bodily Injury" or "property damage" for additional insured on this Coverage Part, but only with which coverage is sought occurs, and respect to liability for "bodily injury", "property damage" or (2) The "personal injury" forwhich coverage is "personal injury" caused, in whole or in part, by your acts sought arises out of an offense committed, or omissions or the acts or omissions of those acting on after you have entered into that "contract or agreement your behalf: requiring insurance". But this insurance still is excess over a. In the performance of your ongoing operations; valid and collectible other insurance, whether primary, b. In connection with premises owned by or rented to excess, contingent or on any other basis, that is available you, or to the insured when the insured is an additional insured C. In connection with "your wortf" and included within the under any other insurance. "products-completed operations hazard". C. The following is added to Paragraph 8_ Transfer Of Such person or organization does not qualify as an Rights Of Recovery Against Others To Us in additional insured for "bodily injury", "property damage" or COMMERCIAL GENERAL LIABILITY CONDITIONS "personal injury" for which that person or organization has (Section IV): assumed liability in a contract or agreement. We waive any rights of recovery we may have against any The insurance provided to the additional insured is limited person or organization because of payments we make for as follows: "bodily injury", "property damage" or "personal injury" d. This insurance does not apply on any basis to any arising out of "your worK' performed by you, or on your person or organization for which coverage as an behalf, under a "contract or agreement requiring insurance" additional insured specifically is added by another with that person or organization. We waive these rights endorsement to this Coverage Part. only where you have agreed to do so as part of the e. This insurance does not apply to the rendering of or "contract or agreement requiring insurance" with such failure to render any "professional services". person or organization entered into by you before, and in f_ The limits of insurance afforded to the additional effect when, the "bodily injury" or "property damage" insured shall be the limits which you agreed in that occurs, or the "personal injury" offense is committed. "contract or agreement requiring insurance" to D. The following definition is added to DEFINITIONS provide for that additional insured, or the limits shown (Section V): in the Declarations for this Coverage Part, whichever "Contract or agreement requiring insurance" means that are less. This endorsement does not increase the part of any contract or agreement under which you are limits of insurance stated in the LIMITS OF required to include a person or organization as an INSURANCE (Section 111) for this Coverage Part additional insured on this Coverage Part, provided that the B_ The following is added to Paragraph a_ of 4_ Other "bodily injury" and "property damage" occurs, and the Insurance in COMMERCIAL GENERAL LIABILITY "personal injury" is caused by an offense committed: CONDITIONS (Section N): a_ After you have entered into that contract or However, if you specifically agree in a "contract or agr e nt; agreement requiring insurance" that the insurance provided .,W i 1y? OFe`tTi at part of the contract or agreement is in `h to an additional insured under this Coverage Part must ,D V,F A,S effect, and apply on a primary basis, or a primary and non-contpMou® C- B e end of the policy period. basis, this insurance is primary to other insurance that is ?ORGK L\SP. S G\t?l Attorney {{ant . ®2007 The TraO&P9'Lompanies, Inc 1-- CG 03 81 09 07 Includes copyrighted material of Insurance Services Office, Inc., with its p mission. Page 1 .1 1 Page 3 of 3