HomeMy WebLinkAboutR.J. ALLEN INC 1 - 2004
N-2004-041
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
I .) '.J / -0 'f
CLERK OF COUNCIL
DATE: 5-I7-tJ<{ CONSULTANT AGREEMENT
C,,;U¡fI THIS AGREEMENT is made and entered into this 5tfl day of MDM ,2004
(b. Men:øt:IÐ) by and between R. 1. Allen Incorporated, a California corporation (hereina~t"), 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
A. The City desires to retain a consultant having special skill and knowledge in removing
pipe bollards.
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 fTom 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 $4,500.00 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
December 31, 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
Community Development and the City Attorney.
4.
INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5.
INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional 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. 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:
(i)
Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
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(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.
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.
(iii)
e. 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 I of this Agreement.
7.
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.
8.
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, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and:
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Executive Director 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
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:
R. J. Allen Incorporated
10392 Stanford Avenue
Garden Grove, California 92840
Telefacsimile (714) 590-6955
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.
9.
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.
10. 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.
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11.
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.
12.
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.
13.
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 ofthe 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 ofthis Agreement.
14.
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 ofthis Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~~
DÁVIDN. REAM
City Manager
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
La Sheedy .
Assistant City Attorney'
RECOMMENDED FOR APPROVAL:
CONSULTANT
JlfEKSTIN
Executive Director of the
Community Development Agency
¿;:::;~ ./' ~¿-
ANDREW J.-ALLEN
President
Tax ID# 33 -0 Iq SO~)
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63/18/2664 15:38
7145906955
R J ALLEN INC
PAGE 01/01
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CONCRETË SAWING & BREAKING
State Contractors Lic. #657190
PROPOSAL-CONTRACT
3-18-04
Attention: Oanell Mercado
Project: Bollard Removals
Various Locations
~anta Ana
Company: City of Santa Ana
305 East Fourth ST,STE 120
Santa Ana CA. 92701
Telephone: 714-565-4003
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Fax: 714-647-6939
.,
WE PROPOSE TO FURNISH MATERIALS. LABOR. AND EQUIPMENT (THE WORK) IN ACCORDANCE WITH THE SPECIFICATIONS, TERMS. AND
CONDITIONS AS SET FORTH BELOW. FOR THE SUM OF: $ 4.100.00
PAYMENT DUE IN 30 DAYS UPON SUBSTANTIAL COMPLETION OF WORK
NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS.
WORK DESCRIPTION: RJ Allen proposes to furnish all equipment, labor, and material to
preform work listed below:
Remove and dispose of 56-4" pipe bollards with concrete by torching and removing flush
with sidewalk.
Protect existing surroundings from torching.
BASED ON: 1
MOVE ONS, EACH ADDITIONAL MOVE ON: $200.00
UNLESS OTHERWISE INCLUDED IN THE WORK DESCRIPTION ABOVE...THIS PROPOSAL EXCLUDES: TRAFFIC AND DUST CONTROL,
BARRICADES. PROTECTIVE COVERS, SHORING. DIRT REMOVAL. GRADING, BACKFILL, COMPACTION, FINE GRADING, SOIL TESTING,
PERMITS, INSPECTIONS. ENGINEERING, CUT AND CAPPING OF UTILITIES. MARKING UTILITIES, DAMAGE REPAIR TO UNMARKED
UTILITIES, STRUCTURE REMOVAL DEEPER THAN 2' (TWO FEET) BELOW GRADE, HAZARDOUS WASTE. ASBESTOS SURVEY, SUB.TRADE
WORK, ADHESIVES, SURFACE PREP, SALVAGE FOR OTHERS, EXCAVATION OF DIRT. DEWATERING, SANDBLASTING, REMOVAL OF
UNFORSEEN STRUCTURES. WAIVER OF SUBROGATION, RETENTION.
ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED. ALL WORK TO BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO
STANDARD PRACTICES. ANY ALTERATIONS OR DEVIATIONS FROM ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE
EXECUTED ONLY UPON WRITTEN ORDERS, AND WilL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE. ALL
AGREEMENTS CONTINGENT UPON STRIKES, ACCIDENTS OR DELAYS BEYOND OUR CONTROL. OWNER TO CARRY FIRE, TORNADO AND I
OTHER NECESSARY INSURANCE. OUR WORKERS ARE COVERED BY WORKERS COMPENSATIOI" II"SURANCE.
CUSTOMER:
BY
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PRINT NAME:
DATE:
ANDREW J. ALLEN
10392 Stanford Avenue. Garden Grove, California 92840 . (714) 539-1022 Fax (714) 590.6955
EXHIBIT
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:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; 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
7
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acDBQ. CERTIFICATE OF LIABILITY INSURANCE I DATE (M MlDDiVYVY)
04/01/2004
DueER (11411) 152-0909 FAX (949)852-1131 THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION
lestone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
.0. Box 19598 ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.
Corporate Park, Ste 130
"vine, CA 92623-9598 INSURERS AFFORDING COVERAGE NAIC#
JRED R.J. Allen, Inc. INSURER A: landmark American Insurance Co
10392 Stanford Ave. INSURER B.
Garden Grove, CA 92840 INSURER c:
INSURER 0:
INSURER E:
IV
HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE;D NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQTWITHSTANDINI
NY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
lAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
QLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
! ;.~~' ~ TYPE OF INSURAfiCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRA110N LIMITS
GENERAL LIABILITY LHA125187 12/31/2003 12/31/2004 EACH OCCURRENCE S 1,000,000
f7.- .
X COMMERCIAL GENERAL LIABLlITY DAMAGE TO RENTED , 50 OO(
I CLAIMS MADE 0 OCCUR MEO EXP (Any ooe person) S Excl udec
PERSONAL &. ADV INJURY S l,OOO,OO!
'-- .2,OOO,00(
GENEAALAGGREGATE s
I--
. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG S 1,000 ;OOC
h POLICY !Xl ~~g n lOC
AUTOMOBILE LlABIUTY COMBINED SINGLE LIMIT
'-- ,
ANY AUTO (Eaacciáent)
I--
'- ALL OWNED AUTOS RECEIVE[ BY BODILY INJURY
S
SCHEDULED AUTOS ~ENT DIVISION (Per person)
f-- DOWNTOWN DEVELOP
HIRED AUTOS 80DILY INJURY
'-- ,
NON-OWNED AUTOS (Peraccidenl)
~ APR OZ ZOOt,
'- PROPERTY DAMAGE "
(Per accident) ,
GARAGE LIABILITY CITY OF SA' :fA ANA AUTO ONLY. EA ACCIDENT ,
~ ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
=KJESSJUMBRELL.A LIABILITY LHA211043 01/16/2004 12/31/2004 EACH OCCURRENCE S l,OOO,OOC
X OCCUR 0 CLAIMS MADE AGGREGATE S 1,000,000
, ~ i \ '. S
". : j
-I' /1
~ DEDUCTIBLE ~L ' s L
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RETENTION , ^,:,', S
(I v ," L I ." .. I.WC STATU- I I?J~-
WORKERS COMPENSATION AND
EMPL.OYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE I E.L. EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE S
II yes, desçriheunder
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S
OTHER
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SCRIPTION OF OPERATIONS / lOCATIONS' VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS '
e City of Santa Ana, its Officers, Agents, and Employees are added as Additional Insureds per RSUI
001 endorsement attached.
Various Street Corners, L
: 305 East Fourth Street, Santa Ana CA . .'
, "
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xcept ten (10) days notice of cancellation for non payment of premium. '
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City of Santa Ana
Downtown Development Division
Attn: Oanell Mercado
305 East Fourth Street #201
Santa Ana, CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL"-ED BEFORE THE
EXPIRATION DATE THEREOt', THE ISSUING INSURER WILL ~X~ MAil
';'l{L DAYS WRITTEN NOìlCE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT,
I(¡)jjOOO(_X¡(K~~KKII.KI(¡)¡)'¡¡t)(¡)¡Jò)iXIlJúX>X¡(XX
I{i(J;J¡.JiJÐ(¡XIó¡¡ (JQJ€(itj(¡)¡!:IX)tXXI<OOtKK¡(XIi!óX~XXXXXXXX
AUTHORIZED REPRESENTATIVE .1) ñ,f
Roxan Hona/ROX L/lt~JXCV¡~ 'f.J-C~'YL-Ô~
CORD 25 (2001/08) FAX:
(714)647-6939
@ACORD CORPORATION 1988
D",re (MWDOiYYY
This Endorsement Changes The Policy. Please read it carefully.
ADDITIONAL INSURED BLANKET PRIMARY
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name ot Person or Organization:
The City of Santa Ana, its Officers, Agents, and Employees
AE: Various Street Corners, 305 East Fourth Street, Santa Ana CA
Any person or organization to wham or to which you are obligated by virtue of a written contract or by the issuance or
existence of a permit, to provide insurance such as is afforded by this policy.
(If no entry appears above, information required to complete this endorsement wiIJ be shown in the Declarations as
applicable to this endorsement.)
SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the
SCHEDULE, but only with respect to iability arising out of "your work" for that insured by or for you.
If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your
negligence and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply.
but only with respect to coverage provided by this policy.
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This endorsement effective 12/31/2003
lorms part of Policy Number LHA 125187
issued to
.88
RSUI15001 0903
(CG2010 1185)
CERTIF.ICATE HOLDER COPY
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
FU N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
APRIL 1, 2004
GROUP: 000046
POLICY NUMBER: 10627-2004
CERTIFICATE ID: 829
CERTIFICATE EXPIRES: 01-01-2005
01-01-2004/01-01-2005
CITY OF SANTA ANA
305 E FOURTH STREET #201
SANTA ANA CA 92701
RE: VARIOUS STREET CORN~RS, 305
EAST FOURTH STREET, SANTA ANA CA
. .
This is to certify that we have issued a valid Worker's Compensation insl,Jrance policy in a form approved by the C.alifornia
Insurance Commissioner to the employer named below for the policy period indIcated. .
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does noì amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with
respect to which this certificate of insurance 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.
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AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
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EMPLOYER
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R J ALLEN, INC
10392 ST¡~FORD AVE
GARDEN GROVE CA 92840
SCIF 10262E
IEPF-UI: 841