HomeMy WebLinkAboutWILLDAN ASSOCIATES 1-2002
INSURANCE ON FILE
WORK'MAY PROCEED
UNTILINSURANGE EXPIRES
-1.1.=5 -D 2-
CLERK OF COUNCIL CONSULTANT AGREEMENT
DATE: 6-26-0"2..
THIS AGREEMENT, made and entered into thisJ.(., f:!J day of /k4 ~tt.~r ,2002 by
C I, PliA and between Willdan Associates a California corporation (hereinafter "Consu tant"), and the
F= 1,J City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
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RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
contract inspection service.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $ 10,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2003, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Deputy City Manager for
Development Services and the City Attorney.
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4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee ofthe City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Consultant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per
occurrence and $2,000,000 general aggregate. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim and $2,000,000 annual aggregate.
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JU.. 19 'l!2 05;04PM WIL.U:iA'i 714 940 6399
P.10
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I' JUDe 24, 2002
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2125 KIloIla.......... Suite 200
Mohelm. Calilomia 92106
1111!MO.&lOll1u 1141940-6399
www.w1IIdM......
SteVen Gu1mann
Supeniaor ofTn~0D8
City of Santa Alia PIIIIIling aOO Bwlding Agency, MI9
20 Civic Center Plaza
Post Office BoJI1988
Santa Ana, CA 92702
Deal'Mr. Gu1mann:
11 wu a pleasure talking 10 you today about Willdan providing COIIInlct bui1ding
impectiOll services 10 tho City of Santa Alia Building Safety DivisiOll. Willdan has a
10000-sta1ldlDg relatiOllllbip with the City of Santa Ana and OlD' staff has woBed for the
City in different capllCities since 1970. As you are aware, WilldaD ia currently providing
conslruetion IIIlIIIapI1W aOO inspection services to the City of Smta Ana CommWlity
Redevelopment Agency.
Willdan ia an employee.owned COlpOlatioo with headquarters 10caIed in the City DC
Anabeim, minutes away from the City of Santa Ana City Hall. With approximately 200
profeuional employees in our three local offices in AoIhcim, Foo1bi1I Raoch aod the City
of Industry, we are weD qualified 10 provide expert staff a\'ljp"'CIIIation serviCllll 10 cities
lIIId other public agencies.
The scope of our services incllldcs providing quali.fted building inspection staff 10 the
City of Santa Ana Building Safety Division. Upon requmt lIDd approval by the City, our
inapeclors are ready to provide routine and combination buildiDa inspection services.
Based on our previous discussiOllS, Wil1dan's services will be provided based on a
mIw:ed !Jourly rate of$56 per hour.
Should you bave any qucstiollS or concoma, please do not bcsitalc to IlOntact David
Khorram at (714) 940-6347.
Sincerely,
\:J:01.~~~-
. David HlIIIt, P.B.
Seaior Vice President
Reaional Office Manager
David Khorram, P.E., C.B.O.
SupervWll8 Rrtg;nr.er
Cc: Jim Brogan, Usa PlIIIIIll
I:YMIBIT A
,
Client#. 6540
WlllDGROU
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kCORIl, CERTIFICAl..J OF LIABILITY INSU~CE I DATE (MM/DDIYY)
8/1/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714427-6810 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Fire Ins. Co.
Willdan INSURER B: Travelers Indemnity Co. of Illinois
2125 E. KateUa Avenue, Ste. 200 INSURER c: American Motorists Ins. Co.
Anaheim, CA 92806 INSURER D: Security Ins. Co. of Hartford
, INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POLICY NUMBER PR~TC:1 EFFECTIVE POLICY EXPIRATION LIMITS
LTR
A ~NERAL LIABILITY 57CESOA1661 11/09/01 11/09/02 EACH OCCURRENCE Sl 000 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $1 000 000
\ CLAIMS MADE W OCCUR INDP. CONTRACTORS MEn EXP (Any ooe person) $10000
.x CONTRACTURAl IS INCLUDED. PERSONAL & ADV INJURY $1 000 000
.x BFPD. XCU, OCP GENERAL AGGREGATE $2 000 000
~'L AGG~EnE ~L1MlT APrlSIPER: PRODUCTS .COMP/OP AGG $2 000 000
POLICY .~~g LaC
B ~TOMOBILE LIABILITY Y810153D622801 11/09/01 11/09/02 COMBINED SINGLE LIMIT
.x ANY AUTO (Eaaccident) Sl,OOO,OOO
- ALL OWNED AUTOS BODILY INJURY
$
X SCHEDULED AUTOS {Per person)
HIRED AUTOS BODILY INJURY
~ $
.!.. NON.QWNED AUTOS {Per accident)
- PROPERTY DAMAGE $
c {Per accident)
fU 1 ,~ . '.'
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO d.. //2 OTHER THAN EAACC $
AUTO ONLY: AGG $
~~SS LIABILITY FL.a Ll '" SheeC\1 EACH OCCURRENCE $
OCCUR D CLAIMS MADE Deputy City At oruey AGGREGATE $
$
=j DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION AND CA. 7BG08899501 11/09/01 11/09/02 X WC STATU- I IDJ~'
EMPLOYERS' LIABILITY AOS - 7BH06954202 11/09/01 11/09102 $1,000,000
E.L EACH ACCIDENT
E.L DISEASE -EA EMPLOYEE $1,000 000
E.L. DISEASE - POLICY LIMIT $1 000 000
D OTHER Professional AEE0700906 11/09/01 11/09/02 $1,000,000 Per Claim
,"iability $2,000,000 Annl Aggr.
DESCRIPTION OF OPERATlONSJLOCATIONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Building Inspection Services. - City of Santa Ana, Its officials, agnets, volunteers and employees are
Additional Insured as respects to General liability. Primary and Non-Contributing coverage and Cross liability
applies to GL. (AIIPRlCRS/CCIX) (ANAHEIM)
CERTIFICATE HOLDER I I ADDmONAllNSURED-INSURERLETTER: CANCELLATION Tan n.,,~~ -
SH OUlD ~YOF TtI E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TtI E EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILlO~MAlL3.0.-DAYSWRITTEN
City Attorney NOTICE TOTtlE CERTIFICATE HOLDERNAMEDTOTHE LEFT, B~ft~"M.IIIXXX
20 Civic Center Plaza (M-29) _~_llJ(XIClll._~JtllIX
Santa Ana, CA 92702
AUTHORIZEO REPRESENTATIVE
,
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ACORD 25.S (7/97) 1 of 1
#M67675
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Ii> ACORD CORPORATION 1988
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POLICY NUMBER: 57CESOA1661
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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Santa Ana
City Attorney
20 Civic Center Plaza (M-29)
Santa Ana, CA 92702
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Name of Person or Organization Continued: its officials, agnets,
volunteers and employees
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
NOTICE OF CANCELLATION:
IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE
POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS
WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE
EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS
WRITTEN NOTICE WILL BE SENT TO THE ABOVE.
APPROVED AS TO FORM
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. ),'pu'y City Allonl':Y
CG 20 10 11 85
WILLDAN
AGMT N-2002-084
AMENDED BY AGMT A-2002-192
SEE AGREEMENT FILE FOR
A-2002-192