HomeMy WebLinkAboutC-7020-1 - Assignment Agreement (for On-Call RSA for Sidewalk Grinding Services)CCD
ASSIGNMENT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
CALIFORNIA CONCRETE GRINDING
THIS ASSIGNMENT AGREEMENT ("Assignment') is made and entered into as
of this 15r day of February, 2016, ("Effective Date'), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") and
CALIFORNIA CONCRETE GRINDING, a California general partnership ("Contractor"),
whose address is 712 Elm Court, Paso Robles, CA 93446 and is made with reference
to the following:
RECITALS
A. On April 9, 2013, City and Contractor entered into an On -Call Repair Services
Agreement ("Agreement') with Central Coast Surface Grinding, Inc., a Delaware
corporation, to engage Contractor to perform on-call repair services for sidewalk
grinding services ('Project').
B. On October 29, 2015, Central Coast Surface Grinding, Inc. requested that the
City assign its rights and obligations under the Agreement to California Concrete
Grinding, a California general partnership.
C. The parties desire to enter into this Assignment to assign the rights under the
Agreement to from Central Coast Surface Grinding, Inc., to California Concrete
Grinding and to update Insurance Requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
ASSIGNMENT
As of the Effective Date, Central Coast Surface Grinding, Inc. hereby assigns to
CALIFORNIA CONCRETE GRINDING all of the rights, title and interest in and
obligations under the Agreement. CALIFORNIA CONCRETE GRINDING hereby
accepts such assignment and hereby assumes, agrees and undertakes to perform all
obligations of Central Coast Surface Grinding, Inc., pursuant to the Agreement as of the
Effective Date. Any reference to Central Coast Surface Grinding, Inc., in the
Agreement, shall be deemed to be a reference to the CALIFORNIA CONCRETE
GRINDING. CALIFORNIA CONCRETE GRINDING understands and acknowledges
that the Agreement is an on-call, and as -needed Agreement, which may or may not
result in work being performed by CALIFORNIA CONCRETE GRINDING.
As of the Effective Date, Central Coast Surface Grinding, Inc., shall have no
further rights of any kind whatsoever under the Agreement.
California Concrete Grinding Page 1
2. INSURANCE REQUIREMENTS
Exhibit C to the Agreement is amended in its entirety and replaced with Exhibit
C-1, attached hereto and incorporated herein by reference.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
California Concrete Grinding Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Assignment
Agreement on the date first above written.
APPROVED AS TO FORM:
CITY ATT N Y'S OFFICE
Date:
'Aaron C. Harp
City Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -2A
By:
Dave Kiff
City Manager
By:
Daniel Smith
Sr. Vice President
[END OF SIGNATURES]
Attachments: Exhibit C-1 – Insurance Requirements
California Concrete Grinding Page 3
ATTEST:
CONTRACTOR: CALIFORNIA CONCRETE
� �
Date: -
GRINDING, a California general partnership
Date:
r
By:—QC-
Leilani I. Brown
Suzi hek '
City Clerk
Partner
Date: 2- -3-
-By:
U ;
By:
Nikole Thek
Partner
AGREED: Central Coast Surface Grinding,
Inc., a Delaware Corporation
Date: 'L
Suzi hek
President/Secretary/Treasurer
Date:
By:
Daniel Smith
Sr. Vice President
[END OF SIGNATURES]
Attachments: Exhibit C-1 – Insurance Requirements
California Concrete Grinding Page 3
EXHIBIT C-1
INSURANCE REQUIREMENTS — REPAIR SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
California Concrete Grinding Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
California Concrete Grinding Page C-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
California Concrete Grinding Page C-3
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
California Concrete Grinding Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. "
Date Received: 2/12/16 Dept./Contact Received From: Anthony
Date Completed: 2/12/16 Sent to: Anthony By: Chris
Company/Person required to have certificate: California Concrete Grinding
Type of contract: Alt Others
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/13/15-9/13/16
A.
INSURANCE COMPANY: Security National Insurance Company
A.
B.
AM BEST RATING (A-: VII or greater): A:XHI
B.
C.
ADMITTED Company (Must be California Admitted):
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1M12M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
include): Is it included? (completed Operations status does
(What is limits provided?) N/A
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
Haulers only): E N/A
COMPLETED OPERATIONS ENDORSEMENT (completed
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ NIA
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E NIA ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ NIA E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/8/15-10/8/16
Mercury Insurance Groups (California Automobile Insurance
A.
INSURANCE COMPANY: Company)
B.
AM BEST RATING (A-: VII or greater) A+:XIII
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? 1M
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): E N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ NIA
❑ Yes E No
H.
NOTICE OF CANCELLATION: ❑ N/A
0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: Not Required per Affidavit
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
Approved:
00� -
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
2/12/16
Date
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.