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HomeMy WebLinkAboutWilldan, Inc. 2e zcol AGREEMENT TERMINATION Please complete this form when the attached agreement is no longeiV e[f ctA Q T Return form to the Sr. Deputy Clerk of the Council (M-30). Q1,60 5238 tf iAge any questions. The agreement with l �.. No.-1 was completed on (/f /� 5 �_ and final payment has been made. � v �Z !� Department: Signature: Date: City of Santa Ana Revised 8-7-03 Clerk of the Council A-2004-224 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES //- 9-6 CLERK OF COUNCIL DATE: 1 I - e-04 THIS AGREEMENT made and entered into this (O day of ' Ob,W— , 2004 by and between Willdan, Inc., 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 CONSULTANT AGREEMENT A. The City desires to retain a consultant having special skill and knowledge in the field of Building and Safety counter 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 Building Department Counter Technician services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $55.00. The total sum to be expended under this Agreement shall not exceed $45,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2005, unless terminated earlier in accordance with Section 12. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Planning and Building Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee 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, the City of Santa Ana, 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, $2,000,000 general aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Reserved. 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, $2,000,000 annual aggregate. 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, ten (10) days if cancellation is due to non-payment of premium. 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: (1) 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 result from the negligent acts, errors or omissions or other wrongful conduct 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; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from the obligations of Consultant under this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief 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, California 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: F70I Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 973-1461 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: WILLDAN, Inc. 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92610 telefacsimile (949) 770-9041 Attn: David Khorram, P.E. A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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 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 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEA] Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LaurK Weedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT zaj- I�-k DAVE HUNT, P.E. Senior Vice President TAX ID: 45 - A:295859 1 WILLDAN Serving Public Agencies September 20, 2004 City of Santa Ana Attn: Fred Heidari, P.E. Planning and Building Agency - N119 20 Civic Center Plaza Post Office Box 1988 Santa Ana, California 92702 27042 Towne Centre Drive, Suite 270 Foothill Ranch, California 92610 949/470,8840 fax 949/770,9041 wwaw IIdan.com SUBJECT: PROPOSAL TO PROVIDE BUILDING DEPARTMENT COUNTER TECHNICIAN SERVICES Dear Mr. Heidari: Willdan is pleased to provide the City of Santa Ana Building Safety Division with this letter proposal to provide Counter Technician Services. Willdan recognizes that the City of Santa Ana is desirous to augment the current City counter staff with one part-time contract counter technician. In order to serve the City of Santa Ana Building Safety Division on this important assignment, our Orange County Building Safety and Construction Division has developed the following program: Willdan counter technician staff will work at the City Monday through Thursday from 11:00 pm to 4:00 pm for a total of twenty (20) hours a week. Our staff will work as an extension of City staff and quickly learn City Ordinances and implement City procedures. Our staff will be able to meet the challenges that working at front counter will offer in a most professional manner. Our staff has the qualifications and experience needed to perform project plan reviews, which can be possibly performed at the counter expediting plan processing. Willdan's proposed hourly rate for the above Counter Technician Services is $55 per hour and the City will be invoiced once a month. It would be a pleasure to assist the City of Santa Ana on this assignment. We look forward to meeting with you and your staff to discuss our services in further detail. EXHIBIT q Mr. Fred Heidari September 20, 2004 Page 2 of 2 Should you have any questions or concerns regarding this proposal, please feel free to contact me at (949) 470-8892. Sinc ours, David Khorram, P.E., C.B.O. Division Manager— Building Safety and Construction Services Willdan — Orange County Region Cc: Lisa Perna, P.E. Dave Hunt, P.E. ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy E; relating to the following: 1. 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 Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative TE ACORD.e CERTIFICATE OF LIABILITY INSURANCE 111031040nv) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & 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 201 r,TY —'I AM g: 43 714 427.6810 INSURERS AFFORDING COVERAGE INSURED . Y r , ' ' '� 1 INSURER A: Hartford Fire Ins. Co. Willdan r k . ,'..(�{L INSURER e:American _Automobile Ins. Co. 2125 E. Katella Avenue, �200 . �' ', wsuREft c. XL Specialty Insurance Co. Anaheim, CA 92806 INSURERD'. 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. INsft TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE YI POLICY EXPIRATION LIMITS A ,GENERAL LIABILITY �X COMMERCIALGENERALLIABILITY 57CESOA1661 I11/09/04 11/09/05 EACH OCCURRENCE $1000000 FIRE DAMAGE (Anyone fire) $1000000 MEDEXP(Any one person) S10600 _ CLAIMS MADE X]OCCUR INDP.CONTRACTORS PERSONAL&ADVINJURY _. $1,000,000 X NTRACTUAL CO INCLUDED X IBFPD,XCU _ GENERAL AGGREGATE __ $2,000,000 GENL AGGREGATE LIM IT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000 �ii POLICY I. _. I ECTPRO- I LOC A AUTOMOBILE LIABILITY X ANY AUTO 57UENUL9643 i11109/04 ''. 11/09/05 I COMBINED SINGLE LIMIT (Ea accident) I$1,000,000 -- BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X_: HIRED AUTOS X� NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) s LGARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY'. AGG $ $ ANY AUTO 1 EXCESS LIABILITY —�__-_-�--� ', EACH OC CURRENCE _ $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE _ $ RETENTION $ Is B WORKERS COMPENSATION AND WZP80926637 11/09/04 11/09105 X WC STATU- OTH- E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY IE.L. DISEASE-EAEMPLOYEE $1,000,000 E.L. DISEASE-POLICYLIMIT $1,00D,D00 C OTHER Professional DPR9406466 11/09/04 11/09/05 $1,000,000 per claim (Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liab. policy excludes claims arising out of the performance of prof. services Re: Building Inspection Services. - City of Santa Ana, its officials, agnets, volunteers and employees are Additional Insured as respects to General Liability. Primary and Non -Contributing coverage and Cross (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 SHOULD ANYOF THE ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 70MRieeYAJrxTP MAIL 30 _- - DAYS W RITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO TH E LEFT, BX)fpXW=Xp1tjMAX=XX ACORD 25S (7197)1 Of 2 #M114464 T t Sr ry vv'k�<LL p ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) Liability applies to GL. (AI/PR/CRS/CC/X) (ANAHEIM) AMS 25.3 (07/97) 2 of 2 #M114464 POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana Attn: City Clerk of the City Council 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, CA 92702-1988 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name of Person or Organization Continued: its officials, agnets, volunteers and employees PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE H EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF WRITTEN NOTICE WILL BE SENT TO THE ABOVE. CANCELLATION OF THE PREMIUM, 30 DAYS OLDER BY MAIL. IN THE PREMIUM, 10 DAYS CG 20 10 11 85 DATE ACORDT. CERTIFICATE OF LIABILITY INSURANCE 11107/050vv) PRODUCER THIS CERTIFICATE IS ISSUED AS 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 INSURED - _ wsuRERA: Zurich American Insurance Co. A-2604-22A _ _ Willdan �` INSURERS American Automobile Ins Co. _ 2401 E. Katella Avenue, Ste. 300 INSURER C: XL Specialty Insurance Co. Anaheim, CA 92806 Alas -103 INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PtRIUU INUIUHI eU. NV 11Y1I CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. --- '- --� POLICY EFFECTIVE POLICY EXPIRATIO)T_ INSR LIMITS LTR TYPE OF INSURANCE POLICY NUMBER OAT MM/DD DAT MMIDDIY' A GENERAL LIABILITY IGLO904316300 11/091)5 11109/06 EACH OCCURRENCE $1,000,000 X „-.,Vt.! ERC! .L GEN ERAL UA9„._ITV lI FIRE DAMAGE (" yan..'e) $1,000,000 CLAWSMADE INDP.CONTRACTORS UccuR 1'INCLUDED MEDEXP(Any ors person) $10000 X CONTRACTUALX PERSONAL aADV INJURY $J000 000 r$2 X BF�_XCU GENERAL AGGREGATE OQQ QOO -_ I GEN'LAGGREGATE LIMITAPPLIES PER: - PRODUCTSCOMPIOPAGG $2000000, -- --- POLICY PEO LOG A AUTOMOBILE LIABILITY BAP904316200 - 11/09/05 11/09106 COMBINED SINGLE LIMIT $1,000,000 - '. X ANY AUTO i (Ea accident) -- - - ALL OWNED AUTOS BODILY INJURY $ �- SCHEDULED AUTOS (Per person) _.__—.—. XHIRED AUTOS BODILY INJURY $ X I NON -OWNED AUTOS (Per accident) '. PROPERTY DAMAGE $ - - -_- (Peraccident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ _ OTH ERTHAN EA ACC ZANY AUTO S _ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE.._____ OCCUR CLAIMS MADE A, GGREGATE �$ _.. $ _. DEDUCTIBLE �'. F-----_ ___-_ ___+$ _.. RETENTION $ $ IX B WORKERS COMPENSAI'!ON AND W7_P6O936177 11/09105 11/09/06 TNCSTATBOTH- AFY LIMITFT S ER EMPLOYERS'LIABILITY iE.L. EACH ACCIDENT $1,0003000 L_DISEASE -EA_E_MP_LOYEE $1,000,000 r. . DISEASE -POLICY LIMIT 1$13000,000 C OTHER Professional DPR9415196 11/09/05 11/09106 $1,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS AViT.IJVL J AS fO FORM General Liability policy excludes claims arising out of the performance of professional services �ao le Re: Building Inspection Services. - City of Santa Ana, its officials, `. `t`m art ASn,6t2.It City Auer-::ey (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 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ZKRQnVARxJP MAIL 30 DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BK30(f11X4 X"AJM11X I ACORD 25-S (7/97)1 of 2 #M142508 © ACORD CORPORATION 19t F DESCRIPTIONS (Continued from Page 1) agnets, volunteers and employees are Additional Insured as respects to General Liability. Primary and Non -Contributing coverage and Cross Liability applies to GL. (AIIPRICRSICC/X) (ANAHEIM) AI''I?OVL FPS F0 FORM Laura tt2i�y- Ass.stant City AILor-,Cy AMS 25.3 (07197) 2 of 2 #M142508 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 0 ZURICH Polic No. Eff. Date of Pol Ex . Date of Pol Etf. Date of End Producer Add'I Prem. Return Prem. GLO904316300 11/09/05 11/09/OS 11/09/05 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: I. 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: I. "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 agtiteptiitit Ghg1U5�ri Dr' Joeyes including !Y //JJ�.�- tageI 175-A Ctf'(9/03) Page 1 of 2 i ,:uaa St ti Shzcdy As„otant City Attorney 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, architecmml 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 A1ai5L2.!li i-lJ /`-tior HCV DATE(MMIDOIYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 11/07105 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &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 714 427.6810 INSURED _ Willdan 2401 E. Katella Avenue, Ste.300 Ar-_%Ot)5_((V3 Anaheim, CA 92806 COVERAGES INSURERS AFFORDING COVERAGE -- INSURERA: Zurich American Insurance Co. INSURER B. American Automobile Ins. CO INSURER C: XL Specialty Insurance Co. INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE -UK 1111, FULR.Y FI=I VV 111 1I. ,...—........... ­• OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN. THE POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - _ _ POLICY EFFECTIVE POLICY EXPIRATION ! LIMITS LTR POLICY NUMBER DATEMIDDIYY DATE MM 00 TYPE OF INSURANCE V A GENERAL LIABILITY '.GL0904316300 11/09/05 11/09/06 EACH OCCURRENCE j$1,000,000 � COMMEk"'iAL GENE LIABILITY( X CO. 1 FIRE DAMAGE IA,Y one fire) $1,000,000 I -- - -- AIMSMADERAL �_KiOCCUR INDP.CONTRACTORS MEDEXP(Myaneperson) $10,000_ LX INCLUDED PERSONAL aADV INJURY $1 000 000 -CONTRACTUAL '_X JBFPDCU GENERAL AGGREGATE s2,000,000 -_ _.- !GEN'LAGGREGATE LIMITAPPLIESPER. 'I PRODUCTS -COMPIOPAGG1$2000000 _ PEO LOG POLICY � A AUTOMOBILE LIABILITY BAP904316200 11/09105 11/09/06 COMBINED SINGLE LIMIT 81,0003000 X ANY AUTO (Ea accident) I AL OWNED AUTOS ! BODILY INJURY $ - SCHEDULED AUTOS (Per person) --- — - X HIRED AUTOS BODILY INJURY $ !' (Per accident) _ X_ NON -OWNED AUTOS -- - ------ -- -- -- PROPERTYDAMAGE $ --- -- _ — (Per accident) AUTO ONLY -EA ACCIDENT GARAGE LIABILITY I ANY AUTO OTHER THAN AUTO ONLY: AGG $ I EXCESS LIABILITY I EACH OCCURRENCE $ J OCCUR CLAIMS MADE AGGREGATE $. $ I DEDUCTIBLE r RETENTION $ B WORKERS CJUPENSATON AND IAJZP60936177 '! 11/09/05 411109106 $ WCSTATU- BOTH- X !TORY LIMIT$ I i ER EMPLOYERS'LIASILITY E.L. EACH ACCIDENT 1$1,000,000 !E.I.DISEASE - EA EMPLOYEE'$1,000,000 E.L. DISEASE -POLICY LIMIT 1$1,000,000 C OTHER Professional IDPR9415196 11109/05 11/09/06 $1,000,000 per claim $2,000,000 annl aggr. (Liability j DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS APPROVED AS TO FORM General Liability policy excludes claims arising out of the performance of professional services / Re: Building Department counter technical staff Laura S Sheedy (See Attached Descriptions) Assistan it Attorney RECEIVc City of Santa Ana Attn: Tonia Zerba Nov 0 9 2005 20 Civic Center Plaza P.O. Box 1988 SpNTAANAPLANNING Santa Ana, CA 92702 SHOULD ANYOFTH EABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXRQn$AA7c7P MAIL$D DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BXj5AL OCAXAXXIAAAXXXX: WWMXMVQtiLA3 XXkgmx=KXMAMXMXXbMXICXXX1Qt1M7tWADMn)M ACORD 25-S (7197)1 of 2 #M142508 © ACORD CORPORATION 191 DESCRIPTIONS (Continued from Page 1) City of Santa Ana, its officers, agents,volunteers and employees are Additional Insureds as respects General Liability (Foothill Ranch) APPROVLD AS TO FORM Laura Stitt Sheedy <,ssistant City Attorney AMS 25.3 (07/97) 2 of 2 W142508 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 9 ZURICH Polic No. I Eff. Date of Pal I Ex . Date of Pol Eff. Date of End Producer Add'I Prem. Return Prem. GL0904316300 11/09/05 11/09/05 11/09/05 Dealey,Renton $ N/ $ 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: I. 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 APPROVED AS TO FORM t-E 3>Ai La a Stitt Shee y Assistant City Attorney U-GL-1175-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 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. APPROVED AS To VORM r-aura Stitt S eedti� dy Assistant City Attorney U-GL- 1175-A CW (9/03) Page 2 of 2