Loading...
HomeMy WebLinkAboutMIGCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements C:I Ei have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with Iv t No. — l�lJ��^ '✓�j q was completed on '2 1-172 (List all amendments. Use space below if needed.) P�'Wlgi wJ � dA" COTC Office Use OnN OF THE CHLINCLI _ 6 `21 PM2:53 �r-2�f1-2�1 -02 i.lagreementsliormslform- egrer? nt terminavtif mlgolden"-d0C' ✓� Department: Phone/Ext.: Signature: Date: and final payment has been made. A-2017-359-01 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Cecilia Iglesias David Penaloza 1- t Vicente Sanniento W Jose Solodo r) INSURANCE ON FILE WORK MAY PROCEED c� UNTIL INSURANCE EXPIRES v 0`61-51/to-7-0 CLERK OF COUNCIL DATE' 0 ., QbNC,� "I()5rlh yti\¢Nauta � MIG, Inc. Attn: Rick Barrett, Principal 11 1 1 6'h Ave., Ste. 4 San Diego, CA 92101 CITY OF SANTA ANA PLANNING AND BUILDING AGENCY 20 Civic Center Plaza . P.O. Bo: 1986 Santa Ana, California 92702 vvww.santa-ana oro December 18, 2019 Re: Extension of Consultant Agreement No. A-2017-359 Dear Mr. Barrett: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez Pursuant to Section 3 of Agreement No. A-2017-359, entered into by MIG, Inc., and the City of Santa Ana, dated March 16, 2018, the term of the Agreement is hereby extended through June 30, 2020. The insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of the Agreement, as amended, remain unchanged and in full force and effect. Sincere y, Minh Thai Executive Director, Planning and Building Agency CITY OF SANTA ANA Kristine Ridge City Manager APPROVED AS TO FORM Lisa Storck Assistant City Attorney ATTEST Gomez )Daisy Clerk of the Council w SANTA ANA CITY COUNCIL M,,91A Pu lao Juan Noega, Vca'•a5arnuenlu Oana Penamza M.,ar Mays Pro Tam Warn S Waro r t'Jam 1 mp,10091 n8we IXO rI,xfi aasanraarW or Vear m atnWltsafa'neo o 9yaWbta®,ana� naM lose Snarm Ind sacerra enea Igasas Warn ] 'llnra 4 Wad 6 atiW9�SN_11e'.dna o(a P5a=4Lra�9anuena :,gas as1®wnu ara wy e21668v1 A 2017.359 4M4111\Vv DAMtir, zQ18 AGREP& t ENT WITH MIG, INC. TO PROVIDE PLANNING AND TECHNICAL SERVICES FOR PREPARATION OF THE COMM,ISM NS1' , GENERAL PLAN UPDATE THIS AGREEWNT is made and entered into this /� d of March, 2018 by and between NHO, Inc., a California corporation ("Consultant), and the City of Santa Ana, a charter city and touniolpal corporation organized and existing under the Constitution and laws of the State of California {"City"}. #—MTALS A. On July 6, 2017, the City issued Request for Proposal C RFP") No. 17-082 socking consultants to provide planning and technical services for the preparation of the City's comprehensive General Plan Update. B. Consultant was one of three consulting firms which submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide such services to the City including: RFP Item PS I — Existing Land Use and Build -Out Analysis; RFP Item PSI - Green and Complete Public Realm Approach and Methodologies; and RFP Item PS8 — Graphic Design and Web support services in fiutheranee of the General Plan Update. C. In undertaking the performance of this Agreement, Consultant represents that it IF, knowledgeable in its field and tbat any services perfotmed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected 8rom a professional consulting firm in the field. NOW TIi MFORE, in consideration of the mutual end respective promises, and subject to the terms and otmdittons hereinafter set £artb, the parties agree as follows. 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete RFP Items PS 1, PSI and PS8 services described and set forth in ]Exhibit A, attached herato and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for Its services for City, the rates and charges identified in Exhibit B — Budget for RFP Items PSI, PS3 and PS8. The total amount to be expended under this Agreement shall net exceed $238,300. Consultant has the ability to adjust line item amounts In the budget with the approval of the Executive Director, so long as the total budget amount does not increase. page I of 11 b. Payment by City shall be made within 45 days (forty-five) 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 continue for a two (2) year term with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, of seq., and 1770, of seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. if the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents flee and harmless frotn any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of I I ACORO® CERTIFICATE OF LIABILITY INSURANCE ffa./ DATE(MMIDD/Yl-Y1r) I 11 /25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland CA 94604-2675 CG A NAME _ P"CNHu,.Eatf 510465-3090 _ F No • 510-452-2193 E'mLaomliss, certificates deale renton.com INSURER(S) AFFORDING COVERAGE NAIC9 INSURER A: Berkley Insurance Company 32603 _ INSURED MOOREMCO Inc 800 Hearst Ave. 800 iNsusea B : Travelers Property Casualty Company of America 25674 INSURER c: The Charter Oak Fire Insurance Company 25615 INSURER D: Berkeley CA 94710 INSURER E: R1SUIIERF: COVERAGES CERTIFICATE NUMBER: 1952401546 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS"R LT TYPE OF A POLICYNUMBER yPjr0,9plp MWOU� LIMITS B X COMMEROIALGENERALUABILITY CIAIMSH.fADE T OCCUR Y Y liBO1H899998 8/31/2019 BC31/2D20 EACH OCCURRENCE S1,000,000 PRErISESEa Door renw $1,000,000 MEO EXP IAny ono Perron) $ 5,000 PERSONALS AOV INJURY E1,000,000 AGGREGATE LIMIT APPLIES PER: O. POLICY JE"CTT E Lee GENERALAGGREGATE 52.000.000 OENL PRODUCTS -COMPIOP AGO $2,000.000 s OTHER C AUTOMOBILELIABILITY X v v BAGK931299 ANY AUTO 8131/2019 8/31/2020 Ea aWdeeDSINGLE LIMIT $1.000.000 BODILY INJURY Per peudn) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY aoddenq $ X HIRED X AUTOSNONONLY i AUTOS ONLY AUTOS ONLY � I, I AG Par Rogw Y�AMADE Per enl $ $ 8 X UMBRELLA LIAR X OC R v r CUPOH75a762 8/31/2019 8/31=20 EACH OCCURRENCE sIo000,000 —TOED EXCESS LIAR CLAIMS-MAOEI — _.._ ... 1 AGGREGATE $10,000,000 $ RETENTION$ B WORNFRSCOMPENSATION / UB21-553909 AND EMPLOYERS' LMBILIfY YIN ANYPROPRIETORIPARTNETOE(ECUTIVE a OFFICERIMEMBEREXCLUDED9 .. NIA.. 8/31/2019 8/312020 X PER lr ER _-,STATUTE - E.L.EACH ACCIDENT E1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) N yes, desvlte under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $1 000,000 A AEC903162701 lIaGSN WORT i a/812019 8/312D20 Par Clam Amual Aggregate $3,000.000 $6.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tot, Additional Ramarks Sehedule, may Im aNachad it man o Woe Is required) RE. All operations of the named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insureds as respects General and Auto Liability as required per written contract or agreement. General Liability Insurance is Primary/Non-Contributory per policy form wording. Insurance coverage includes Waiver of Subrogation per the attached. 30 Days Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION 5n nays Nntmc of CanreOafinn EVIEW & APPR @$pULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Santa Ana y Risk A gEMENT DI h0 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ISISKORDANCE WITH THE POLICY PROVISIONS. Risk Management Divison 20 Civic Center Plaza, 4th Flo Santa Ana CA 92701 7 7o20 L iC AUTHOR DREPRESENTATIVE -- -•- "' -r Ira'If. v IVIOtl(1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Policy: BA61(931299 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the BUSINESS AUTO COVERAGE FORM and Paragraph e. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE in the MOTOR CARRIER COVERAGE FORM, whichever Coverage Form is part of your policy: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". REVI ED & APPROVED By Ris ANAGEMENT DIVISION 07 2020 CA T4 37 02 16 020SAWNTUAINIemmAasarnptxty. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission, Page 1 of 1 POLICY NUMBER: 6801H899998 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 11/25/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, In whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". & APPROVED iGEMENT DMSi0N 071010 CG 20 37 07 04 '""riti7 M(VPr9beFlWf W.?T2004 Page 1 of 1 POLICY NUMBER 6801 H899998 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 11/25/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the 'bodily Injury' or "property damage" occurs or the "personal injury' or "advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: CG D3 61 03 05 Copyright 2005 The Includes copyrighted ma This insurance does not apply to "bodily injury' or "property damage" occurring, or "personal injury" or "advertising Injury" arising out of an offense committed, after: 1. All work, Including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. & APPROVED IGEMENT DivISION 2020 Inc. All rights reserved. Page 1 of 1 ce, Inc. with its permission. NAMED INSURED: MIG, Inc. COMMERCIAL GENERAL LIABILITY COVERAGE POLICY NUMBER: 68011-1899998 ADDITIONAL COVERAGES BY WRITTEN CONTRACT OR AGREEMENT This is a summary of the coverages provided under the following forms (complete forms available): Excerpt from COMMERCIAL GENERAL LIABILITY COVERAGE (FORM #CG T1 00 02 19) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. OTHER INSURANCE - d. PRIMARY AND NON-CONTRIBUTORY INSURANCE IF REQUIRED BY WRITTEN CONTRACT: If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising Injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. Excerpt from XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS (FORM #CG D3 79 02 19) PROVISION M. - BLANKET WAIVER OF SUBROGATION - WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement. & APPROVED IGEMENT DIVISION 2020 M. LAMBERT Page 1 TRAVELERS/�, WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: U1321.553909 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the 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. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Travelers Property Casualty Company of & AW"WRad by ,roMrNT DIVISION DATE OF ISSUE: 1112612019 I 1 AA 07 2020 Page 1 of 1 M. LAMBERT POLICY NUMBER: BA61<931299 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER 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" for Covered Autos Liability Coverage 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. Named Insured: MIG, Inc. Endorsement Effective Date: 8/31/2019 SCHEDULE Name Of Person(s) Or Organization(s): RE: All operations of the named insured. The City of Santa Ana, its officers, employees, agents, volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. & APPROVED tGEMENT DIVISION 07 2020 SAMATTHA M. LAMBERT CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1