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HomeMy WebLinkAboutHONDO COMPANY, INC. - 2014INSURANCE ON FILE [tit- 2014 -10T WORK MAY PROCEED UNTRL INSURA14CE; EXILES CLERK OF COUNCIL DATE:, pUG Z CONTRACTOR AGREEMENT ,-,tf ,d /THIS AGREEMENT, made and entered into this 17th day of July, 2014, by and between Hondo Company, Inc., a California corporation (hereinafter "Contractor "), 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 contractor having special skill and knowledge in the construction field to perform general building and repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall perform general construction and repair services at the Santa Ana Regional Transportation Center (SARTC) for the Bike Hut Project and parking lot improvements to Lot I as identified in the SARTC Accessibility (ADA) Improvement Plan dated March 2013 as determined by the Executive Director of Public Works or his designee. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, a total sum not to exceed $19,000.00 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, 2015, 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 Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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, Contractor 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 which 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 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 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, Contractor, if Contractor 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, Contractor 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 Contractor pursuant to this section: (i) Contractor 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. e. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor 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 Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor 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. The Contractor 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 Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor 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, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director — Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5069 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 Contractor: Hondo Company, Inc. 2121 S. Lyon Street Santa Ana, California 92705 Phone: (714) 434 -0104 Telefaesimile (714) 434 -0215 Attn: Bob Lloyd A party may 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 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, 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 Contractor, 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 Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor 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. 1.1. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Director of Public Works may require Contractor 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 Contractor 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 Contractor 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. Contractor 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 Contractor 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. Contractor 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: (-� MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO ior ney oao Sir a stani City Attorney C-51: �7� W� liam E. Galvez Interim Executive Director Public Works Agency CfITY OF SANTA ANA C DAVID CAVAZOS City Manager HONDO CO$PAI%X, INC. BOB LL( President Tax ID# rJ �' ✓�3'L�f $D/ HONCOM -001 OLVI `� °r• ' CERTIFICATE OF-LIABILITY INSURANCE p 6EI1012o1 YYJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER (888) 825.4322 Bowermaster 8, Associates RCA BOX 6026 10805 Holder Street • Suite 350 Cypress, CA 90630 TYPE OF INSURANCE PNCC °N o E 1714 - 733.6200 Aic Not 714252.8253 Aooa ss: �„w INSURERDh AFFORDING COVERAGE NAICN INSURERA:James RIVer InsUranco E:DliTpdny 12203 INSURED Honda Company, Inc. 2121 South Lyon Street Santa Ana, CA 92705- INSURERS :Travelers 19046 INSURER c; National Unlon Fire Ins. Co. of Pittsbar 19445 INSURER D RIaleryer Insurance Company 15586 INSURERS; G 1,000,00 S 100,00 INSURER F; CLAIMSMAUE OOCCUR X Deductible - $2_,500 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I THIS IS TO CERTIFY THAT 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 CER71FICATE 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. LIMITS SHOWN MAY IiAVE BEEN REDUCED BY PAID CLAIMS. IN'�uR TYPE OF INSURANCE T'� POLICY NUMBER PO YF MM OI= PO IC E P LIMITS A eaNERA4 LIABILITY X COMMERCIAL GENERAL LIABILITY X 0006266 .. -bb �j� g,+('y 190'Y M12015 EACH OCCURRENCE ARAGITTTO -R occurrence G 1,000,00 S 100,00 CLAIMSMAUE OOCCUR X Deductible - $2_,500 �n SSA PA &'v 91 " MED EXP(AnYO:epviced s. EXCLUDE PERSONAL a.ADV INJURY— 5— 1,000,000 GENERAL AGGREGATE PRODUOTS- COMPIOP AGG s 2,000,000 $ 2,000,00 J ,-.—Px iT1C TS OPJJ'L AGOREGA'R LIMIT APPLIES PAR. 5 �w X1 POLICY PR¢ LOC 7 `e4tOy Li AUTOMOBILE LIAa1LrrY I X ANY AUTO ,df 2A0926$5 6/112014 6/1/2015 CU S 1- SINGLE L IT LES + + ±I a lem ,_x,,,,,,_1.,000,000 FUNNY INJURY (Per person) S ALLOWNED SCHEDULED AUTOS AUTOS NON- G4YN£G kIREDAU70S AUTOS 000LLY INJURY (Per a.^.aidenQ P TY 6AhiAGE Par ac�daM S _ _ S UMBRELLALIAB X I OCCUR EACH OCCURRENCE S 2,000,00 C X EXCESS HAD CIAIMS -MAGE BED31234654 6!112014 61112015 AGGREGATE__ T $ 2,000,000' OED X RETENTION $0 $ D WORKERS COMPENSATION AND EMPLOYERS' I UAUUTY ANY PROPMETOSUPARTNEREXECUTE' YIN OrPICIM'UMEMSE-REXCLUD W (Mandatory is NHl Y NIA WCCDO17519 11112014 11112015 X WHSLATT -, OTH 'r' _ El. EACH ACCIDENT EL_DISEnSE -ER EbtPLO. $ 1,060,000 S 1,000,00 _ If Es Rortbo under 0CtlaOO OPERATORS Wov, Ed., DISEASE - POLICY LIMIT $ 1,000,00ii DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atach ACORD 101, Additlannl Remarks Schedule, li more spAce Is required) The City of Santa Ana, 20 Civic Conter Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds with respects to General Liability per form MC201OUS0912. Primary and Non Contributory wording applies por farm AP5031 USO410. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION LATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. C/O Public Works Agency- The Depot 20 CIVIC Center Plaza, M -21 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701- .. (1988 -2010 ACORD CORPORATION. All ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies Insurance provided under the following: ALL COVERAGE PARTS Name If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid andoollegtlble.insurance available to such Additional Insured whether primary, excess, contingeni on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, AP5031US 04 -10 Page 1 of 1 POLICY NUMBER: 000626600 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED. OWNERS, LESSEES OR CONTRACTORS (SCHEDULED) -WHEN REQUIRED IN WRITTEN CONTRACTOR AGREEMENT; APARTMENTS AND ALL CONSTRUCTION OTHER THAN RESIDENTIAL DEVELOPMENT This endorsement modifies Insurance provided under the following, COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Covered Operations Where required by written contract or agreement All operations of the Named Insureds, Information required to comp lete this Schedule, If not shown above, will be shown In Declarations, A. SECTION 11- Who Is An Insured is amended to include any person or organization shown in the Schedule for which.you:are required to include as an additional insured on this policy by written contract or written agreement in, effect during this policy period and executed prior to the "occurrence" of the'bodily.injury" or `properly damage." Coverage provided such additional Insured is only with respect to liability for: "bodily injury ", "property damage" or "personal and advertising Injury" caused; in whole or in part, by: 1, Your acts or omissions; a 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations forthe additional insured($), providing that: "your work" cr "your product" related to Covered Operations shown in the Schedule above, is other than "residential development" of any description. B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, Including materials, parts or equipment furnished 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) at the location of the covered operations has been completed; or 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 than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, MC201 OUS -0912 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company James River Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 000626660 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 ail 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 06/01/2014 this endorsement form as a part of Policy # 000626660 Issued to City of Santa Ana, C/O Public Works Agency -The Depot Named Insured Countersigned by Michael Bowermaster Authorized Representative