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Home My WebLink AboutH.P.L. MECHANICAL INC.Please complete this form when the attached aj Return form to the ~. Deputy Clerk of the Cot questions. The agreement with t ~ ~ ~ / was completed on: ~ ',~'l ~' D N-2006-050 INSURANCE ON FILE WORK MAY PROCEED UNTILINSUAANCEEXP1RE8 CONSlILTANT AGREEMENT 9- (-0(. ~.~~NCI!-HIS AGREEMENT made ami entered into this 1" day ofJnne, 2006 by and between 0: COA(l) H.P.I.. Mechanical, Inc., a California cOl1)Qration (hercinatier "Consultant"), and the City of (e.. F...\\~OO"') Santa Ana. a cnarter city and municipal corporation organized and t:xisting 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 knowleclge in the field of gas line plumbing. B. Consultant represents that Consultant is able and willing to provicle such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowleclgeable in its field and that any services perfonned by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting lirnl in the field. !\'OW THERF.FORE. in eonsicleration of the mutual and respective promises. and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall locate and repair a gas leak in a 4" gas line locatcd in the hus parking stall arca at the Depot at Santa Ana. This job shall include the cost of location by Leak Detector, removal ur 12" of concrete stall bed in three places, excavation of holes, n:moval of leaking pipe and replacement of 12" of 4" PYC covered pipe and replacement of ballast and concrete. The project shall be completed by flushing the gas line and restarting the main boiler and hot water heaters in two areas. 2. COMPENSATION a. City agrees to pay, and Consultant agrees tu accept as 10tal payment for its services, a sum of $1 0.000.00. h. Payment by City shall be made within thirty (30) days following receipt ol'proper invoice evidencing work performed, subject to City accounting procedures. Payment need 110t be madc for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected hy City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2007. unless terminated earlier in accordance with Section 12. below-, 4. INOF.PRNOENT CONTRACTOR Consultant shall. during the entire term of this Agrecment, be construed to be an independent contractor and not an cmployee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relatiunship, or to allo\v the City to exercise discretion or (,;ontru1 over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services tu 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. emplo:yer's social security taxes, unemployment insurance and similar taxes relating to employees and shall bc responsible for all applicahle withholding taxes. 5. INSIJRANCE Prior to undertaking performance of work under this Agrccment, Consultant shall maintain and shall require its subcontractors, if any. to obtain and maintain in~urance as described bclow: a. Cummereial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City. its officers, employees, agents, volunteers and representatives as additional insurcd(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 propeny. resulting from any act or occllrrenc~ arising out UfCollsultant"s operations in the pcrformanc~ of this Agreement, including. without limitation, acts involving vehicles. The amounts ofinsurance shall be not less than thc following: single limit coverage applying to bodily and personal injury, including death rcsulting thcrcfrom, and propcrty damagc, in thc 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 upun execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form. with a combincd single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for o\\'l1cd. hired and non-o\vned automobiles. c. Wurker's Compensation Insurance. In accordance with the provisions of Section 3300 of tile 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 V\'ork under this Agreement. Conslllt8nt agrees to ohtain and maintain any employer's liability insurance with limits not less than $1.000,000 per accident. d. The Julluwing requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insuranee required above in full force and effect for the entire period covered by this Agreement. 2 (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) Ccrtificates and policies shall statc that thc policies shall not be canceled or reduced in coverage or changed in any other material aspect \vithout thirty (30) days prior written notice to the City. e. J f 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 clection, 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 \\i'aives the right to receive compensation and agrees to inclemni(y 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 ollicers, agents, employees, consultants. special counsel. and representatives from liability for personal injury. uamages. 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, suhcontractors, agents, employees, or other persons acting on their behalf which rclates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understuod tu be l:onfiut:ntial uJ1(Vor proprietary, Consultant agrees that it shall not Lise or disclose sLlch information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its o\vn information of like importance, but in no event less than reasonable care. '"Confidential Information" shall include all nonpublie information. Confidential information includes not only written inf()fmation, but also information transkrred orally, visually, electronically, or by other means. Conlidential inl(lflnation 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 ohligation of confidentiality; (d) is required to be discloscd hy operation of law; or (e) is independently developed by the Consultant without reference to inf(lfInation 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 \vould conflict in any manner with pt:rfurrnance of services specified under this Agreement. 3 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agrcemcnt shall bc in writing and shall he deemed to he properly given if delivered in person or mailed by first class or certified mail, postage prepaid. or sent by tclefacsimile or other telegraphic communication in thc 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-10) P.O. Box 1988 Santa Ana, CA 92702-1988 telefaesimile (714) 647-6956 With courtesy copy to: Executive Director 01' Community Development City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Dox 1988 Santa Ana, California 92702 telefacsimile (714) 647-6716 To Consultant: II.P.I.. Mechanical, Inc. 1041 Logan Street Santa Ana, Calilornia 92701 telefacsimile (714) 541-2641 A party Illay change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effectivc or dccmed to havc bcen given thrcc (3) days atter it has been dcposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth ahove. If sent by tclefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission repor1 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 bc excluded. tn. F.XCLllSIVITY AND AMENDMENT I'hi5 Agreement represents the complete and exclusive statement bet\veen the City and Consultant, and supersedes any and all other agreements, oral or written, bct\vccn 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 he 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 4 with, or in addition to, the terms and conditions hcreoC shall not bind or obligate Consultant nor the City. Each party to this Agrccmcnt acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have heen made by any party, or anyone acting on hehalf of any party, which are not embodied herein. I J. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant Consultant may not assign. transfer, delegate, or suhcontract any interest herein without the prior written consent of the City and any such assignment. transfer. delegation or subcuntr31.:t \vithout the City's prior written cunsent shall be considered null and void. Nothing in this Agreement shall be construcd 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 f{)llo\ving 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 thc property of the City unless prohibited by law, and Consultant conscnts to thc City's use thcrcof lor such purposes as the City deems appropriate. b. Payment need not be made for work \vhich fails to Illeet the standard of performance specified in the Recitals ofthis Agreement. 13. DISCRIMINATION Consultant shall nut discriminate because of race, color. creed, religion, sex, marital status. sexual orientation, age, national origin, ancestry, or disability. as defined and prohibited by applicable la\v, in the recruitment. selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an cqual opportunity cmployer and shall comply with all applicahle 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 he determined and governed hy the laws of the State of California. Both parties further agrec that Orange County, California, shall be the venue lor any action Of prueeecling that may be brought or arise out of. in connection with or by reason of this Agreement. 5 IS. PROFESSIONAL LICENSES Consultant shall, throughout the term ofthi5 Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereuncler ancl requirecl by the laws ancl 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, \vaivers, and exemptions. Said inability shall be cause for termination of1hi5 Agreement. 16. MISCICLLANICOJJS 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 indcl1mify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that sllch authority or po\\'er is not, in fnct, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set f011h in the body of this Agreement. II II II II II II II II II II /1 II 6 IN WITNESS WHEREOF, the pariics hcreto have executed this Agrcement the date and year first above written. ATTEST: CITY OF SANTA ANA ~ / / , / . . (_ 1'-=.-",,_./ PArRlCfA E. HEALY Clerk of thc Council ;,QJ!?c2 DA D N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~~~/ Shee'dy!)(~"LJ7 Assistant City Attorney RECOMMENDED FOR AI'I'ROV AL: CONSULTANT l/}1~ ~ATRICIA WIIITAKER Executive Director of the Community Development Agency ~~ P"~Jc~ fICNRY OMAKIN CEO Tax 10# 9<; <Jcjtj)5;j 7 F,XHIRIT A ADDIlIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENI;:RAL LIABILITY POLICY Insurance Company I his endorsement modifies such insurance as is affordcd 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 trom 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 hy or on hehalf of the named insured, such insurance as is al10rded 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 insuranee applies separately to each insured against whom claim is made or suit is brought except \vith respect tu th!.: I.:ompany's limits ortiabilily. The indusion or any person or organization as an insured shall not affect any right which such person or organization \vQuld have as a claimant if not so included. 4. With respect tn the additional insureds, this insurance shall not he cancelled, or materially reduced in coverage or limits except aner thirty (30) clays written notice has been given to the City of Santa Ana, 20 Civic Center Plaza. Santa Ana, California 92701. (Completion of the following, including coontersignature, is required to make this endorsement effective. ) . this endorsement form as a pm1 of Elfectivc Policy # Issued to Named Insured Countersigned by Authorized Representative 8 -- ---- - - ---- -ACi:l.BlJ_ CERTIFICATE OF LIABILITY INSURANCE CSR MB I DATE (MMIDDNYYY) HPLME-1 06/14/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BOSWELL INS AGENCY (#OA96080) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agents . Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 4648 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Mission Viejo CA 92690 I Phone: 949-855-0430 Fax: 949-837-5528 . INSURERS AFFORDING COVERAG_E ~ -----~."._.- . INSURED INSURER A: Landmark American Ins Co --- '-"-,....---.-- INSURERB Peerless Ins~rance Comp~~~__ - H,P.L. Mechanical, Inc. INSURFR C Unlted National I'leu"""",.. Co. '"--- -.------- 1041 Logan St. ~~ERD: American Guarante.. , Llability , Santa Ana CA 92701 - -""-- ---------- INSURER!::" COVERAGES THF POIICIFS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURI=.LJ NAMED ABOVE FOR THE POUCYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANYCONTRAr.T OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIf.ICAI EO MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE rOLlCICS DESCRIl3ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLlISIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE 131::I::::N REDUCED BY PAID CLAIMS. - Pnq~.~. X~b'"if~~ ---- "R NSR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDNY DATE {MMIDDNY LIMITS ~LLlA"L1'" EACH OCCURRENCE Is 1 fOOD f 000 . ~ I COMMERCIAL GENEHAL LIABILITY LHA128650 09/01/05 09/01/06 U"'MPI"'lo I v Kt;N I ioU :el A X PREM~SES (EaocC\Jfence " 50LOOO ~ CLAIMS MADE [!] OCCUR i MED EXP (Anyone person) $ 5,000_ .. X ,Sev. of Interest ~~R:SONAL 8. AOV INJ~~: $1,000,009_ ''''l' GENE~LAGGREGATE $2,000,000 -----.-.- -- -.-- -il'l AGG::~E LIMIT APPLI~t PER ~<JD_~CTS - COMPIOP AG<:'. $2,000,000 X POLICY : ~rg;: c--- - LOC AUTOMOBILE L.IABILlTY COMBINED SINGLE LIMIT , - $1,000,000 B -"- ANY AUTO CBP9621365 09/01/05 09/01/06 (Eaaccidenl) i ALL OWNED AUTOS BODILY INJURY , Is SCHEDULED AUTOS liPerperson) , -- I , _: HIRED AUTOS ; BODILY INJURY I , , ; NON-OWNED AUTOS (Pe'i1r.r.ident} --- - --- PROPERTY DAMAGI: $ (f'eracciderll) I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT j_ $ C- o- ________ I ANY AUTO - OTHER THAN _ EA ACC $ , AUTO ONLY AGG S :_~XCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 .-_.. C 'X I OCCUR n CLAIMS MADE I FCXOO02907 09/01/05 09/01/06 AGGREGATE $4,090,000 --- $ - --1 DEDUCTIBLE , ----1 RETENTION . , $ , WORKERS COMPENSATION ANO . , ,-~_bQ8iLIMITS I !UEW. I EMPLOYEkS' LlABIUTt , ---- D ; ANY PROPRIETOR/PARTNER/EXECUTIVE WC598901402 09/01/05 09/01(06 ' E.L. EACH ACCIDENT $ 1,000,000 Of+ICl::R!MEMBER EXCLUDED? ~~ISEASE - EA EMPLOYEE $1,000,000 ~~~~I~L$~~~Visrd~s below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER !~ -;' ~,. ~ , '.~ L"jl I , /". I DESCRIPTION OF OPERATIONS I LOCATIONS' VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS If!1w:,-L:l</ LL *10 days notice for non payment of premium. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana CA 92701, its officers, employees 1 agen ts . representatives are included as Additional Insureds per form CG2010(1l/85) attached. CERTIFICATE HOLDER CANCELLATION DEPOT-l SHOULD AtN OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ~MAIL 30* DAYS WRITTEN The Depot at Santa Ana 1000 East Santa Ana Blvd Santa Ana CA 92701 #lD8 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Btff f tlIUlIiE: T8 I! see DilAllo. OR L ~ ' ORD CORPORATION 1988 ACORD 25(2001/081 SlERLING lEST INS F,,:18186629196 Aug 3D 2005 16:36 P. Db ThfsEfldofB~lnent t;llaflg8S .he Policy. PI"dae Read :t Carefully. ADOITIONAL INSURED BLANKET. PRIMARY This endor!ement modifies lne.urancu provided u"d@( the foHowir1g; COMMERCIAL GENERAL ~IAII~/TY COVERAGI! ~ORM SCHEDULE Name 01 Po.."" or Ol'llanization: Any person or organization to whom or ta which you lte obligated by virtue of a written contract or by the I.suance or existence of a permi!, to provide insurance eucn es is afforded by this policy. (If no entry appears sbove, Information required to comp..'. ll1i. endorsoment will be .hown in the Declaratlone a. sppliCllbl. 10 this endorsement.) SECTION II . WHO IS AN INSURED is amended to include B. an insured the person or organi.ation .hown in the SCHEDULE, bul.only \Vitti respect 10 liability arising out of "your work" for that Insured by or for you. It you are reqLlired by a written contract to provide primary insurance, this policy shall be primary as respect8 your negligence and SECTION IV _ COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance doss not apply, but only with r.spoot to coverage provided by this policy. ~_G!L H__d 1 This endorsement offective to''''S psrt ot Polley Numbor LHA128650 is&ued to HPL Mechanical Inc by Landmi:u;k American Insurance CO~SBment No.: RSG 16001 09Ci3-'lneiu,;e.copyrlgnted materisl of Insurance Sorvic.. Officn, Inc. 1984 (eG 2010 118li) wilh ita permi..lon