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Home My WebLink AboutCOMMERCIAL INTERIOR RESOURCES 1AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-3D). Ca11647-5238 if you have any questions. The agreement with ~ '~P»CCCA~- ~tE~ r s,c lesouKCeS , No. ~/~~o~S-~3 was completed on ,and final pay e t has een mad . Department: _ Date: Revised 8-7-03 City of Santa Ana Clerk of the Council \, ." ,~uitAN'::E NQT ON FILE lul1K MAY NOT PROCEED CLERK OF COUNCIL DATE: f;J - ,79-DJ~ N-2005-139 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this <lyt! day of JfJr:u'JI1P#\ ,2005 by and between Commercial Interior Resources (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 field of flooring, to install a decorative floor in the Depot at Santa Ana. 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 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: I. SCOPE OF SERVICES Contractor shall provide preparation, materials and installation of flooring at the Depot at Santa Ana, as set forth in Contractor's Proposal dated, September 30, 2005, attached hereto as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor 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 $10,000.00 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. TIME FOR COMPLETION The services to be performed pursuant to this Agreement shall be completed within sixty (60) working days from the date of written Notification to Proceed signed by the Executive Director of the Community Development Agency. 4. INDEPENDENT CONTRACTOR Contractor is an independent contractor and not an employee of the City, and all Contractor's personnel shall be employees or subcontractors of Contractor, and not employees of the City. 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. Contractor 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 Contractor'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. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution ofthis Agreement and shall be approved in form by the City Attorney. b. Reserved. 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. 2 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 ofthe Contractor 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. NOTICE Any 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 of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6736 To Contractor: Commercial Interior Resources 1761 Reynolds Avenue Irvine, California 92614 Telefacsimile (949) 752-6103 Attn: fun Johnson 3 8. 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 oftbis 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, the 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. 9. 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. 10. 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, however, payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 11. 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. 12. 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. 4 13. 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: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council ~~~(W !- DAVION. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney /' " ( By: ;yL<-1 a.x')l'Jl.e..t:k-f Laura Sheedy ( Assistant City Attorney CONTRACTOR fun Johnson TITLE) V .P. of Sales Tax 10# 33-0052036 5 . 1761 Reynolds Avenue Irvine, CA 92614 Phone: 949.752.1470 Fax: 949.752.6103 Attention: Carolyn Fullerton Salesperson: Dan Johnson Estimator: Project Manager: Addendums Read: Proposal c zr Install Date: Plan Date: COIJJJ/lt!/'iia! iJ1k,ior Tl'.i"Olm:('J Bid Date: 9/30/2005 Bill To Project CiIy Of Santa Ana 60 Civic Center Plaza PO Box \98\ Santa Ana, CA 92702 The Depot @ Santa Ana 1000 East Santa Ana Blvd Santa Ana, CA 9270\ Date: 10/2612005 Time: 1:57 PM Revision #: Carolyn Fullerton Phone: (714) 565-2690- Cell: Pager: Fax: (714) 565-2693- 5th Floor Phone: Cell: Pager: Fax: Phone: Cell: Pager: Fax: Bid#: 31489 Line Color Number Quantl1y UOM 1 VT-1- Amtico International - MQR45 Quarry Terracotta - - N/A 315.00 SF 2 VT-2. Amtico International - MQR54 Quarry Natural Clay - - N/A 315.00 SF 3 VT-3- With 2" accents in ashier fashion Amtico International - R054 Rosada Limestone - - N/A 495.00 SF TOTAL THIS OPTION: $9,512.00 tEX~ A l0/26/2005 Bid #: 31489 Pagel of 2 . . '. . ,. . ~! ~! . . . DATE (MMIDDJVVYV) 12/9/05 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION ONLY AND CONFERS NO'RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIfiCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLLCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI-lER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AfFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONIllT10NS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFEClIVE POLICY EXPI toN ..........,.........., ....1I51111t; -.l't/"':J ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER HII~, R09al & Hobbs Insurance Services 01 CA, Inc. L1C #0511289 1045 West KatellB, Suite 300 Orange, CA 92867 INSURERS AFFORDING COVERAGE INSURER A Golden Ea Ie INSURER 8: INSURER c; INSURER 0: INSURER E: Interior Resources Inc. dba: Commerclallnterlor Resources 1761 Reynolds Ave, Irvine, CA 92614 POL.ICY NUMBER SR TYP! OF INSURAN(:E 10/01/05 10101/06 EACH OCCURRENCE DAMAGE TO RENTED PRE ".;: MEO EXP (Anyone per.lcn) PERSONAL & ADV INJURY GENERAl AGGREGATE PRODUCTS - COMPIOP AGG X GENERAL LIABIL.1TY CBP8072946 LOC 10101/06 COMBINED SING'~E LIMIT (Ellaccideflt) 10/01105 CB?8072946 X ANY AUTO All OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-O'NNED AUTOS BODILY INJURY (Perpersoo) BODILY INJUfty (perlllCCldllnt) PROPERTY DAMAGF (PBrBccident} AUTO ONLY. EAACCIDENT ANY AU-;O OTHER THAN AUTO ONLY: EXCESS/UMBRELLA LIABIUTY OCCUR 0 CLAIMS MADE CU8073246 10/01/05 10/01/06 EACH OCCURRENce AGGREGATE OEDUCTIBlE RETENTION .10000. WORKERS COMPENSATION AND EMPI.OViORS'LIAB1UTY AN'! PROPR~ETORlPARTNERlEXECUT1VE OFFICER/MEMBER EXCLUDED7 l1YH.descflbecunder SPECIAL PROVISIONS below OTHER +r\ "101>1,- -S(""q~ WCSTI'Tli- QTK- EL EACH ACCIDENT $ EL DISEASE. EA. EIAPLOYEE $ E.l. DISEASE - POLICY LIMIT $ DEscRIPTION OF OPERATIONS I LOCATIONS I' f SPECIAL. PROVISIONS "City of Santa Ana and Addlllonallnterests are named as Addlllonallnsured with respects to General Liability, but only il required by a written contract with the Named Insured prior to an occurrence. and always subject to the terms and conditions 01 the policy, '10 day Notice 01 Cancellation may be Issued for non-payment of premium. NAIC# 10375 LIMITS .1 000 000 .100000 .10000 .1 000000 .2 000 000 .2 000 000 '1,000,000 . . . EA ACC S I I 14 000 000 .4 000 000 I . . AGG ~ //<- Laura Stitt S cody Assistant City Attorney CANCELLATlON SHOULD ANY OF THE ABOVE Of SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATfTHEREOF, THE 1S&U1NG INSURERWLLEfJlilli"'VPTO MAIL ~ DAYS WRITTEN NanCE TO THe CERTIFICATE. HOlDER NAMI!.D TO THE LEFT, R\!!l r &YR'E: T8 88 89 lilt' L CERTlFICATE HOLDER The Depot at Santa Ana 100 East Santa Ana Blvd Stel08 Santa Ana, CA 92701 'RI;:PP~~~' ,,. ~.-..... . ....UTH IZED REPRESeNTATIVE '1 . '-It ACORD 25 (2001/08) 1 of 1 IIS210275/M206524 LICENSE #0511289 2BPIL Ii) ACORD CORPORATION 1988 2'01 1 lI'n LL 0191:21 90 EO uer "2/(I:l/::IJ')) II II') r...." .:,...,"-' i'~<' '~IV'-' ~ THIS SHEET MUST BE COMPLETED AND AccOMPANY THE CERTIFICATE OF INSURANCE ADDITIONAL INSURED ENDORSEMENT Insurance company GULDEN EAGLE This endors~me'ltrnadlf1es such insurance as is afforded by the provisions of Policy No. BP8u12941i relating to the following: 1, The City of Santa Ana. 20 Civic Center Plaza. Santa Ana, California 92701, its officers, emploY9&S, agents, and representatives are named as additional insureds ("additional insureds") with regard 10 liability and defense ot 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 \s prlmalY and is not additional to or contrIbuting with any other insurance carried by or for the beneflt of the additional insureds. 3. This Insurance applies separately to each insured against whom claim Is made or suit Is brought except with respecI 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 Ihe 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 12/9/05 CBP8072946 Policy No, lssuedlo [NTERIOR RESOURCES, INC. DBA: COMMERCIAL INTERIOR RESOURCES . this endorsement form is a part of Countersigned by APPROVED AS TO FORM Named Insured .~ H~misc:C.-:nili~.lC of lMLL~c:e aOdillDlUl endorscmenl 'f'!13 2/ ~-_._.- Laura Stitt 51."., .\ssistant C;!\ E'd 1:11;'111 d91:~I 90 EO uer