HomeMy WebLinkAboutCASTLR MASONRY 1-2004
INSURANCE - ON FILE
WORK MAY L-PROCEED
CLERK OF COUNCIL
DATE:3/?Þ1
N-2004-0l4
c,.'(!jII.
II fi4/' I THIS AGREEMENT made and entered into this 15th day of February 2004, by and
é: nn-q ,) between Castle Masonry, a sole proprietorship (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").
CONSULTANT AGREEMENT
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
demolition and replacement of masonry.
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 $5,000.00 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,
2004, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of the
Community Development 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, ajoint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of$I,OOO,OOO 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. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
2
(i)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
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.
(ii)
(iii)
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 ofthis 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.
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.
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
SantaAna,CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6939
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Castle Masonry
4063 Morning Star Drive
Huntington Beach, California 92649
Telefacsimile (714) 846-8520
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.
4
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. 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 and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. Both parties further agree that Orange County, California, shall be the venue for any
action or proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
15.
PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATIE~ ~
~ .~
b~<~J ~
PATRICIAE.HEAL -
Clerk ofthe Council
CITY OF SANTA ANA
~~~
City Manager
APPROVED AS TO FORM:
RECOMMENDED FOR APPROVAL:
CONSULTANT
JO~KSTIN
Executive Director of the
Community Development Agency
C4~
CHRIS SMITH
Owner
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Christopher Smith
{714J 846-8520
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CASTLE MASONRY
4062 MORNING STAR DRIVE
HUNTINGTON BEACH, CALIF. 92649
(714) 846.8520
lIC. #431334
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We Propose hereby to furnish material and labor - complete in accordance with above specifications. for the sum of:
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!EX H IB !
A
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
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 9270 I,
(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
7
eKUUUC".
Insurance Services
Of .'hous.lnd Oaks. Inc.
PO Box 7329
Thousand cJaks CA 91359
Phon!; I 805-495-4634 Fax: 805-494-0781
....---......-,..-.-.-----..-.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR
ALTER THE COVERAGE AFFORD EO BY THE POLICIES BELOW.
---
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=------=-----L=--~
INSURED
11- ~()O4 -6/4
INSURERS AFFORDING COVERAGE
INSURERA. CBIC Insurance CO.
INSURER BI
i~~~l:¡O~ï~nrŠtar Dr.
Huntington ieach C,," 92649
INSURER C
INSURER D'
'NSUREREI
COVERAGES
THE POLICIES OF INSURANCO lOSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER'OD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMONT WITH RESPECT TO WHICH TH'S CERTIFICATE ,""Y BE ISSUEO OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AOOREOATO LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
A X
POLICY NUMBER
~F-
DATE MMlDDIYY
P
DATE MMIDDIYY
INSCE:l326
02/211/04
02/28/05
LIMITS
EACH OCOllRRENco "1000000
~~~~~ut.;;:;'~;~'J , 300000 ~
MEDEXPIAnyooe"""onJ , 5000
_.,-
PERSONAL&AoV INJURY $1000000
GENERAL AGGREGATE , 2009..Q.Q.O.........
PRODUCTS,COMP/OPAGG '2000000
LTR NSR
COMBINOO SINGl~ '
lea ",,'ent)
~~,""' i=
r"o,~~Lci;~,:{Y RY s
PROPERTY DAMAGE' ,
IP"",,,,'en!)
~AGE LIABILITY
, , ANY AUTO
AUTO ONLY. EAACCIDENT $
OTHER THAN
AUTOONLY'
EAACC ,
AOO'S-~'
EXCES5IUMBRELLA LIABILITY
OCCUR 0 CLAIMS MADE
EACH OCCURRENCE
--,,--_.
--L---
AGGREOATO
DEDUCTIBLE
RETENTION
---
WORKERS COMPENSA110N AND
OMPI.OYERS'LiABILITY
I å~i,t~2,":i~~W~~~m~~6!'ECUTIVE
~~~~I~Fr~';5J:š1ó~s below
OTHER
E,LDIS..SE.POLICYLIMIT $
DESCRIPTION OF OPERA110NS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISJONS
The City of Santa Ana, its officers, agents and employees are named
additional insured. 10 day notice of cancellation may be given for
non-payment.
CERTIFICATE HOLDER
CANCELLATION
SANT AAN
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES SE CANCE"ED BEFORE THE EXPIRA110N
DATE THEREOF, THE ISSUING INSURER wILI.-alla_TO MAIL ~ DAYS WRlerEN
NOTICE TO THE CER11F1CATE HOLDER NAMED TO THE F! .
The Depot at Santa 1u>a
1000 11. Santa Ana Blvd.
Suite 108
Santa Ana CA 92701
.-- "'1' '",
AUTHORIZEo REPRESENTA11VE
Lisa Grizzle
ACORD 25 (2001/08)
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COMMERCIAL GENERAL LIABILITY
CG 20 33 1001
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the fo11owing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A.
Section II - Who Is An Insured is amended to
include as an ÌllSured ä11Y persorÙ,t örgänization lur
whom you are perfonning operatiOllS when you and
such person or organization have agreed in writing in
a contract or agreement that such person or
organization be added as an additional insured on
YOUI' policy. Such person or organization is an
additional insuæd only with respect to liability
arising out of your ongoing operations performed for
that insured. A person's or organization s1"tus as an
insured under this endorsement ends when your
operations for that insured arc completed,
b.
"Bodily injury" or "property damage"
occurring atler:
(1) A11 work, including materials, parts
or equipment furnisbed in connection
with such work, on the project (other
than service. maintenance or repairs)
to be performed by or on behalf of
the additional insured(s) a{ the sire of
the covered operations has been
compleled; 01
(2) That portion of "your work" out of
which the injury or damage arises
has been put to its intended use by
any person or organization other that
another contractor or subcontractor
engaged in performing operations
for a plincipal as a part of the same
project.
ß. With respect to the insurance afforded to these
additional insured, the following additional
exclusions apply:
2. Exe1usions
This insurance does not apply to:
a. "Bodily injury," "property damage" or
"personal and advertising injury" arising out
of the rendering of, or the failure to render,
any professional architectural, engineering or
surveying services, including:
(I) The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, 1'<ports; surveys,
field orders, change orders or
drawing and specitícalions; and
(2) Supervisory, inspection, architecrural
or engineering activities,
~~ 2)~
c. You and any other Involved Insured must:
(1) Immediatei)' send us copies 01 any de-
mands, notices, summonses or legal pa.
pelS received In connection With the claim
or "suit";
(2) Authorize us to cblaìn records and other
informal/On;
(3) Cooperate With us in the Investigation or
settlement of the claim or defense against
the 'suir; and
(4) Assist us, upon our request, In the
enforcement of any right against any per-
son or organization which may be liable
to the Insured beCaUse of injury or dam-
age to which this Insurance may also ap-
ply,
d. No Insured will. except at that Insured's own
cost, voIuntarly make a payment, assume
any OÞllgation, or incur any expense, other
than lor first ald. withoUt our consent.
3. Legal Action AgaInst U.
No person or organiZation has a right under this
Coverage Part:
a. To loin us as a party or otherwise bItng us
into a 'suit' asking for damages from an in-
sured; or
b. To sue us on this Coverage Part unleSS all of
Its tenns have been fully complied With.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an Insured obtained after an lIdual trial;
but we Will not be liable for damages that are not
payable under the terms of this Coverage Part
or that are In excess of the applIcable limn of
Insurance. An agreed settlement means a
settlement and release of liability Signed by us,
the imlUred and the claimant or the claimant's
legal representative.
4. Ot'- Inslnnce
If other va~d and CQJIeçtlble Insurance Is awH-
able to the. insured .Ior a loss we cover under
*' Coverages A or B d -this Coverage Part, our Db-
;'~ limited Is as follows: ..
Insurance
ThIS insurance primary except when b. be-
low applies, If this insurance is primary, our
obligations are not affected unless any of the
other Insurance 19 aI9O primary, Then, we will
share with all that ofher Insurance by !he
method described in Co below.
b. Excass Insurance
ThIS insurance Is excess over any of the other
insurance. whether primary, excess. contin-
gent or on any other bosis:
(1) That Is Fire, Extended Coverage, Builder's
Risk, Installation Risk or simüar coverage
for "yOUr work';
(2) ThaI is Are insurance lor premises rented
to you or temporarily OCCI.lpÌed by you with
permission of the owner. IX
(3) If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
!he extent not subject to Exclusion g. of
Coverage A (Section I),
When this Insurance is e~œss, we Will have
no duty under Coverages A or B to defend the
Insured against any "sui' If any other insurør
has a duty to defend the losured against thai
'suit', II no other Insurer defends, we will
undertake to do 50, but we wiH be entitled to
the Insured's r!ghIs against all Ihose other
InsuAHS.
When this Insurance is excess over other in.
surance, we will pay only ,)Ur share 01 the
amount of the loss, If any, that exceeds the
sum of:
(t) The total amount that all such other in-
surance WOUld pay for the loss in the ab-
sence of this insurance; and
(2) The tøtal of all deductible and sail-Insured
amounts under aU that other Insurance,
We Will share the remaining loss, If any, With
any other insurance thai is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Lìm~s 01 Insurance shown in Ihe Declarations
of this Coverage Part.
c. Method of Sharing
II aN of the other insurance permits contrib-
ution by equal shares, we will follow this
method also, Under this approach '1!ach
insurer contributes equal amounts until it has
paid Its applicable limit of insuranèe or none
of the loss remaJns, whichever comes first,
If any of the other Insurance does not permit
contribution by equal shares, we Will contrib-
ute by limits. Under thIS method, each insur-
er's share is based on lhe ratio of its
applicable limit of Insurance to the total ap-
plicable IImJfs 01 insurance of all insurers.
Page80f13
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CGOOO10186
Copyright, Insurance Services ptfice. lno,. 1994
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