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HomeMy WebLinkAboutPATTERSON, RICK 1 - 2004 . . 'INSURÌl.NCE NOI ON fiLE WORK MA. Y !'iOl PROCEED CLERK OF COUNCIL DA.TE:{rkDt.f N-2004-057 CONSULTANT AGREEMENT ~/êM (P~) THIS AGREEMENT is made and entered into this.l.5.+ - day of :Iit..n£: ,2004 by and between Rick Patterson dba HGB, a sole proprietorJ;"ip (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"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in installing 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 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. Consultant shall install said bollards as directed by the Executive Director of the Community Development Agency. 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 $2,500.00 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. 2 (iii) 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) 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: 3 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: HGB 9442 Flicker Avenue Fountain Valley, California 92708 Telefacsimile (714) 357-9369 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. 4 " 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 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. 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 of this Agreement. 5 , . , IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ;;: - - 1 /~ LXdL~- . PATRICIA E. HEALY . Clerk of ¡he Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney 1 RECOMMENDED FOR APPROVAL: JO P. REEKSTIN E ecutive Director of the Community Development Agency 6 ~:;? AVIDN. REAM City Manager IC ARSON ~:~#éZõ-o~- (9;;Jð , . .. H-ê1lS , 9442 Flicker Avenue Fountain Valley, CA 92708-6544 Business License # A187692 I Tax ID 556834928 February 12, 2004 Ms. Danell Mercado City of Santa Ana 305 East Fourth Street Suite 201 Santa Ana, CA 92701 RE: PROPOSAL FOR INST ALLA TI0N OF 56 BOLLARDS Dear Ms. Mercado, Please accept this letter as my formal proposal for the installation of 56 bollards in the downtown development of Santa Ana. The scope of work is as follows: >- Pick up and delivery ofbollards >- Purchasing and installing 224 concrete lag bolts >- Installation of 56 bollards My proposed fee for this scope of work is $2,200.00. This work will be completed approximately two weeks from acceptance date. - .,. .".-r2'l -°. Should you have any questions, please feel free to contact me at (714) 357-9369. " Sincerely, Rick Patterson HGB Owner 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: 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 ofthe 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 10/04/2004 MON 10:24 FAX 714+565 4020 CITY OF SANTA ANA I4J 002/005 ~ ""'1'.1..1'1..1'. .;. ~ I.'" r:;, ~^\Jr:.. I:CA DC\.L.LU ""I:"iI)'1.Ç\U\.-1t: .ft.Y1I:!.u......J' JU; ~ .L I~~ ~O~ ~~~V I!'I->""¡"; UU.I. UJ! UU.1 -. - --'., ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MPo1JDDIYY) 09/27/04 PRODUCER TH~ C:;EiRTlFICATJ: IS ISSUED AS A MATTER OF INFORMATION 8aird Insurance Agency - 0877688 ONLY AND CONFERS ND RIGIiT UPON THE CERTIFICAïE HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR At TI::R THE 5150 E. Pacific Coast Hwy.. Suite 200 COVERAGE AFFORDED BY THE POUCIES BELOW. long Beach. CA 901304 (562) 346-3207 INSURERS AFFORDING COVERAGE INSURED: N -J/X>1-057 INSURER A:. Scottsdale Instrlince Company Richard Paö.erson INSURER- Er-- 9442 Ficker Ave INSURER C: '. Fountain Valley, CA 92708 INSURER D: INSURER E: , '. THE POLICIES OF INSURANCE LISTED BELOW HAVE BUN ISSUIiO TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICA"reO. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTMCT OR OTHER DOCUMENT WITt>! ResPECT TO \'\IHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE fNSUAANCE AFFORDED BY THE POUCIU OesCRI8iiD HEREIN IS SUBJECT TO ALL 'THE TERIß. EXCLUSIONS, AND CONOI'tlONS OF SUCH POLICIES, AGGREGATE LIMITS S ' QWN MAY HAVE BEEN REDUCED 8Y PAID ClAIMS. ~ ~vllnNn:e Paley I>IInÞor ':~N LJnOI. Dab! r~ GErERAL LIABUTY 114247 5/24/04 5/24/05 URRENCE 5'.DOU.OOO.UO IBlcow.teRCIAt, GIiii~RN. ~IAëII{.ITY FIRE DAMAGE r- on. 6... CIIClAtoIS W'DE C OCCUR ~ EXP ¡any !nil gOfWll A C ÆHSON.o.l.. oJ ÞDV 1N..URY C GlËNEAAL AGGREGATE $'.000.000.00 DEN'L AGGREGATE LIMIT APPLIES PR OOUCTS - COhtP/OP PlGG PER; I!II POLICT DPROJECT r1 LCC AUTOMOBILE UA8UTY COMBINED SINCLE UMIT [J ANY AlITO (EAACCI[)~) 0 ALL OWEO AUTOS BoDILY I'lJURY 0 SCHEDULED AUTOS (pER ACCIDENT) 0 HIRED AUTOS BODILY INJURY [J NON-OWNED AUTOS (pERACCID9JT) 0 PROPERTY DÞ.P,IAGE 0 (PER ACCIOIiNT) CARA.:E UASLITY AlITO ONL'1' - EA I'CCIŒNT 0 AHY AUTO OTHER THAN EA ACC 0 AlITa ONLY AGG EXCESS UABØ...lTy EAcH OCCURRENCE 0 OCCUR [J CLAIMS MADE AOGREGATE [J DEDUCTIBLE . 0 RETENTION .--..-- WGl1œ~ Cðlllpens-lorl [J we STATUTORY LIMITS 0 OTJolIiR ErT'f'I~' lillbilily E.L. ~HACCIDENT E.t" DISEASE - E'A EMPLOYEE E.L DISE'ASE - POliCY LIMIT 0d1e r Dt:SCRlPTDN OF OPERAmNB I Loc.o.TION8I-.& ElCCLUBIONS ADDED II\" E~JIT I ~ PRQ\IItIOJlS The city of Santa Ana, its officers, agents and employees are to be named as additional insureds per the attached CG201 0 with respects to all job operations performed by the named insureds. A 10 day notice will be sent for non-payment of premium. . ,-. I, ''¡ .,--' .:) . ~Jà---~ ~' . -_.""',-,r~\", '.! "'.~:./.".;,y t'\.~,>...S'~i:L~Ll.j . csmI=lCATE HOLœA II AOOITrO~ INSURED: ~Ut'Ct:t{ LE Ell II CANCELLA11CN City of Santa Ana SHOI.\D JW'( Of YHe ""gVt: DtSCRDEC POUCES BE CANœI.I.EO SEFOQE 11£ Downtown Development Division ~mN[) I,TE 11IEREOF, THE rasulNC JNS~WIù. eNOeAlIO!'I TO IIIAII. 3D DO.'1'I! 'ft1IITTEN NOTICe TO T>II; ~tll'~TIi HOUJER NAMED TO TIE I.S'T, BUT FÞoI..II<!1! TO De :!O SlIN.l.IMPCSE NO œUI1I\TION OR LlASlLI"'" O!" I'IIYKlND úl'CN TtiI! ¡æURSI, 305 E Fourth street, Suite 201 ITS _NTB DR RS>RESI;NTATrveS. Santa Ana, CA 92701 /""11 Ifr"'TIVE Chris Baird OCT 2Q,200~. 11:19 ., Baird Insurance Agency (562) 346-3208 Page 1 111/#0' i)¡f¡\l &~t. ADDITIONAL INSURED EN OORSI<:M ~;NT ..OR COI\1Mt:RCIAL GENERAL LIABILITY POLICY Insurance Company Scottsdale Insurance Comp~ny ~-_...._... ...--..--.. This endorsement modities such insurance as is at10rdcd by the provisions of Policy II CPS 11 424, 7 .. ..-. relating to the íbJlowing: 1. Th~ Community '~~development ^gency ofIhe City of Santa Ana, and the City of Santa ^na, both located 20 Civic Cent~r Plaza, Santa Ana, Calif(¡nÜa 92701: and their respective officers, employees, agent.s, volunteers and representatives arc named as additional insureds C'additional inSIJreds") with regard to liabìlÎly and defense ofsuils arising from the operations and lIses performed by or on bchalf orthe named insured, 2. With resp~ct to claims ¡\rising out of the operations and uses pcrll)rmcd by or on behalfofthe named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any OTher insurancc carried by or for the I~ncfît ofthc additional insureds. 3. This insurance applies separately to each ìnsurcd against whom claim is made or suit is brought except with respect lO thc company's limits or 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 tht~ additional insureds, this insurance shall not be cancdled, or materially reduced in coverage or limils exœpL aller thirty (30) days written notice has been givcn to the Community RedcvclopmcnL Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, Califomia 92701. (Completion of the fol1owing, including countcrsignaturc, i~ rCtlUired to make this endorsement cflcc!ivc.) E[fecLive. 1.,O/19-/20_M._,..,-,--...-.....---..-...-... ..' this endorsemcnL form as a part of Policy # C'ps 114247 -.----.-.-... Issued to Wicnard pat.toroon ---..,..- Namcd Insured ..Count~rsigned by "..,... .~~_.._-- Authorized RcprcsenLative ;tur~h. . ..~."'.... r-('II(~' " . . FAX NO. : 714-647-6549 141003/005 ~r. 23 2æ3 æ:B7PM P2 10/04/2004 MON 10:25 FAX 714+565 4020 CITY OF SANTA ANA WORKERS' COMPENSATION DECLARATtON I hereby affirm under penalty of perjury, the fo1l0win~ declafatioD: I certify that during the term or my contract with the. , City or Santa Ana, I will not employ any persoD in any . manner so as to beeome subject'to the workers. compensation laws of California, and agree that jf I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall fonbwith co th those isi s. DATE: 1j;;.itJ<! By: -# 4'. /? Name: ;f? /c;,,¿:.. iJ.:¡.,?ëY.5,ðIV Title: I:'?W//er TelePhone(-7/~.?~7- r7~q WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND,SHALL SUBJECT AN EMPLOYER TO ~AL PENALTIES AND CIVn.. FINES UP TO ONE HUNDJŒD THOUSAND DOLLARS ($100,000). IN ADDmON TO THE COST OF COMPENSATION, DAMAGES AS PROVmED FOR IN SECTION 3106 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. t ! ~ l),...-''::>''''';'' ~i..