HomeMy WebLinkAbout2008 CON CDC Alcem Fence - Kimball Park BridgeAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
ALCEM FENCE COMPANY, INC.
THIS AGREEMENT is entered into this 6th day of May, 2008, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and ALCEM FENCE
COMPANY, INC. (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to refurbish the
Kimball Park pedestrian bridge.
WHEREAS, the CDC has determined that the CONTRACTOR is a
fencing company and is qualified by experience and ability to perform the services
desired by the CDC, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR, or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CDC for such services, except
as authorized in advance by the CDC. The CONTRACTOR shall appear at meetings
project meetings to keep staff and the Community Development Commission advised of
the progress on the project.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CDC and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised August 2005
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 30% from the base amount ($9,505.00).
3. PROJECT COORDINATION AND SUPERVISION.
Jacqueline Reynoso hereby is designated as the Project Coordinator for the CDC and
will monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for
the progress and execution of this Agreement for the CONTRACTOR. Gene Cioe
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the
schedule given in Exhibit "A" ($9,505) without prior written authorization from the
Executive Director of the CDC. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A" as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for furnishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. The project as set forth in Exhibit "A"
shall be completed by no later than May 20, 2008.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
Memoranda, reports, maps, drawings, plans, specifications and other doccuments
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CDC for use with respect to this Project, and shall be turned
over to the CDC upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this Agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
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expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and
are not entitled to any of the rights, benefits or privileges of the CDC's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CDC for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CDC. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many employees
or subcontractors as the CONTRACTOR may deem necessary for the proper and
efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR, or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONTRACTOR, its agents, servants and employees
are as to the CDC wholly independent contractors, and that the CONTRACTOR's
obligations to the CDC are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
state and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
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10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR's trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance, or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CDC, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CDC are reasonably
commercially available. Any failure by .the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
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13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CDC. The CONTRACTOR shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CDC for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CDC or
its officers, employees or volunteers for, or on account of, any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
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purchase and maintain throughout the term of this agreement, the following insurance
policies:
❑ A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, employees, and volunteers so that any other policies held by the CDC
shall not contribute to any loss under said insurance. Said policies shall provide for
thirty (30) days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as
a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements, or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
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suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for,and bear the costs of, its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement, or the performance
of services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished memoranda
reports, maps, drawings, plans, specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of,
and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CDC by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent by
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overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by ovemight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CDC:
Brad Raulsotn
Executive Director
Community Development Commission
of the City of National City
1243 National City Blvd.
National City, CA 91950
To the CONTRACTOR: Gene Cioe
Alcem Fence Company, Inc
1440 Coolidge Ave.
National City, CA, 91950
CA. LIC. NO. 420917
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City.
The CONTRACTOR also agrees not to specify any product, treatment, process or
material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR
shall at all times comply with the terms of the Political Reform Act and the National City
Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and
shall not use its official position to influence in any way any matter coming before the
CDC in which the CONTRACTOR has a financial interest as defined in Government
Code Section 87103. The CONTRACTOR represents that it has no knowledge of any
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financial interests that would require it to disqualify itself from any matter on which it
might perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or Federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto, shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of the successors and assigns of the parties hereto.
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K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with, or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
OF THE CITY OF NATIONAL CITY
ALCEM FENCE COMPANY, INC
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorshi. — one signature)
By: By:
ston, Executive Director
APPROVED AS TO FORM:
George H. Eiser, III
Legal Counsel
Gene ' i. e, President
By: i
3.97Z-
David Portillo, ice President
10
MAY-006-2008 09:12
crom:ALCEM c'ENCF._ cc
'PROPOSAL.
ALCEM FENCE COMPANY, INC.
144D COOLIDGE. AVF.., NA ION AL CITY, CA 91950 • CA. LIC. NO.420917
Phunt:: (619)264-8242 • Fax: (619)477-4427
Wel) site: hitu:lhticcm.Iriood.coin,L • Email: aleemfencea tcott-net
SUBMITTED JO: ANGELA REF.OF.R
EXHIBIT "A"
OUOTE# 1325
PH: (6191336.4310 I DATE:04/08/08
FAX. (btu) 336.4321 11
I NAME: CITY OF NATIONAL, CITY )on NAME: KIMBALL PARK BRIDGE - REVISED
ADDRESS: I R"' STREET A NATIONAL (' 1 Y UI.VI).
ADDRLSS: 1243 NATIONAL CITY BLVD.
('1 I ): S I AIL: NATIONAL CI I Y, l'A.
/Io:91950
Cfr''/STATf. NA l'IONAI. CITY. CA.
719: 91956
•♦ r INSURANCE RGQUIRF.MFN IS: Ir YCHI REQUIRE RFTN(i NAMLU ADO] ['IONA(. INSURED. ADD S19.1.00 TO MILL 101 AI. •••
•••• A 'W.11Vr.R nl' sI,I ORGATiON' KLOu)RFS AN ADD. 1,ONAI. 10.4'URCHARGL TO LABOR COS I s ••••
Wr. I IIRLBY SUBMIT SPF,C IFIC'A DONS AND ESTIMATES FOR TI-IF. MA1 LRIAL, I.AROR. AND EQI IIPMEN i COMPI.ETT TO
RFPL.ACF Al 1. LXISI INC, DECK LUMBER W ICH 2- X lll' X 6' C.C.A. TREATED DECKING.
TOTAL: S3,960.00
TO PROVIDE MATERIAL, 1.AllOK ANL) EQUIPMENT COMPLETE, TO NCR APL. PRIME. AND PAINT TO' 11A1,1 (M BRII)OL.
1 0 CAL: S4,600.00
T(t PROVILN: MATERIAL, LABOR AND FQUIPMCN I COMPLETE. TO INSTALL. 65 1.IN1'AR FEET OF 3-tN GALVANI/1 13 SCH
40 PIPING TO UNDERNEATH BRIDGE SUPPORTS BY WLLDIN(i.
TOTAL 8870.00
IOTA r COOT OF ALL I I IRI(E I TL•MS: S9,430.INI
AI)OI I lONAL INSURtu: 575.00
TOTAL : 59,54..00
NOTE; ITEMS ABOVE CAN BE SEGREGATED _
NOTE KKK 1- 11IK.II•Cf TO CI IANGE. DCF TO INDUS'I KY CONTINUING INCkEA:iES IN RAW MA I F.KIAI COSTS. PRICES ARE IN CEPE.(T TMC C)1•
SI II Ph1YNT
WI; I ILRCDY PROPOSE: TO FURNISH LABOR, MATERIALS ANI) FOUIPMEN I
COMIC:I I WITH THE ,\DOVL SPIK:II• (CATIONS. rok I'HE SUM Or.
TOTAL BID S9,505.00
TOT AI .:
THOI;SANI) F(I E HUNDRED FIVE DOLL.:IRS AND 00/100 --
I TERMS: NET <30>DAYS
"NOTICE TO OWNER"
motion 7C 19 - C'nntmoots Lic n.' Law)
Uncle, U,e Nter:hanAS LKn Law. any crmrr, tor. subcontractor, laborer. Material man or cuKei pcmmn who hclps to improve ynttr ptopert) ur d is not paid for his Jabot,
.ervicc, nr nmtei ads. bus a right to enforce his claim atainst )vur property. Under the luwvan may protect ytnitsCN'af against such claims by filing. before t,annnuasciny such
wvik or nfProvcmcnt an original COMM= fnr die work l)I'tmprovctntan tic u nxelitoontiou dttmeuf, m lIN ottia of the cnunn• rccortkr whuc the property is sainted wlU
rerlutnny rota u twtvucuw paymcm bond he recnr4Rd .. su 4u office. Said bond shall he in an amoral nut Ios than fifty percent Orr%) of the contract pricce and sh II. in
+dtlil ion Iv taty conditions for the performancet oldie eintruct, M Condition..( fru the payment in full or the claim% of MI persons furnishing labor. Ser'iees. cquainne tt or
muteni l5 to, the work dauwibed bt said contract (infractors utc rcquUcd by Law hi he licensed land regulated by the Ctntrxrors Stale LiccnsC Boprd. Any nIIe tioto
.:r,ttcet fling u unuucra may be referred to the Ciai1 ,1 ur . statc LICcnSc Hoard, 1070 N Street Sacramento. CA 95II11. Our workers arc tiilh covered by Workman-+:
("tenpcnc1 .O.t huurwrcx. Ak:ern Fence Cu.. Inc- i5 nro ,c>pure ebb: tot' obtaining reguirett permils.
AI.1 RFPRLSfN I A I KyhS MADi? I II-:KFIN ARE. MAI)F. UNUL;R rLN.AI IN OF PER)IJKY
PROP( R'IV O\ L'BY: CITY OF NATIONAL, CITY
Act'a , I ANCC. TI KS PKOT'OSAL SIGN -I) ON TI IIS DA IF RECCIMLS A CONTRACT WHEN ACCCP I EI) KY THE SEI.iER SUBJrlC I IC t THC CONDITIONS
ON I'ACi[ 2 It1:RrOI' AND IS NOT SUKJECTTO CANCI-'ELATION. I HLS PROPOSAL. EXPIRES IN 1111) OAFS.
SLUM: ALCEM FENCE COMPANY. INC.
C'AMPnNY; CITY OF NATIONAL (:I'1'Y
st !I1t,1trrED bS : GENF CIOE
BY: 1 DA'11::
11PY-0 _E' E' S?•13 C..nr'QLC=r'1 FE CE rr_i rnr
T0:73543P! Pa9e:2/3
ACORD. CERTIFICATE OF (LIABILITY INSURANCE
ams P1mOOM'TYYI
05/01/0d
a100UCIII LIC/6525512 1.419-1i66-6651
Teague Ineuraa0. AAN10y Sao.
4700 BprL.g Street
4th !lees
La lawn, CA 91441
Syron JOila.ton
TIMM°
Alamo Peace Company, 'no.
1440 Coolidge Avenue
National City, CA 91950
THIS CERTIPICATE IS ISSUED AS A MATTER 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
INSURERS AFFORDING COVERAGE
NAIC B
194$4421 S. Financial Tao/ tie tnsnrano. Osmpamy
N 5UAIIM The Bar tford
C.Red.00d Fire a Casualty
a01URf11 D
. Tlingit t:
W. a:........
THE POLICIES
ANY REQUIREMENT,
MAY PERTAN.
POLICIES.AOQREOATE
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THf. INSURED NALQD ABOVC FORM POLICY PERIOD NDK)ATED. NORWR►9yANDPKi
TERM OR COIDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH1Q4 TH0 CERTIFICATE MAY BE ISSUED OR
THE MSURANCP APPORDED BY THE POLICIES DESCRIBED HERON 1S SUBJECT TO ALL THE TERMS. OCCLUSIONS AND CONDITIONS OF SUCH
LAIRS SHOWN MAY NAVE SEEN REDUIXO BY PAX) CLAIMS.
Tf m1II✓ 1 P'OIJCYa1A1ad1
�AOp�ry8
livid ,'
,�
Uinta
adelLaft
177t�m
A 12
Ij--•
I
OVERALUABLRT
=
11757019.
COMMERCIAL GOWAAI L ANIUi r
07/0S/07
07/05/00
Eacacoou •$1,000,000
pfeNgESUNtalaosao6
s 50. 000
1
__i
1
�6
CLA.A5MADLI 1 WW1,M6
Contractual Liability .1
D6XPVuryo..p.•o,9
►Ul$ ALLAOy U4.LRY
45,000
i1,000,000
GENERAL AGGREGATE
i 2,000.000
w, m.rtAW^C,A PfR
►OOONCTa-mMNOP AM
61.000.000
Ii�Y.1a�((VAP^PUES
l 17 iCT I LOG
1 f
I auiaroKELywrn
=
_SCHUDULEDAun>'
ANY AUTO
AU.G'M ED AUTOS
7211R1I'1k0740
04/16/07
04/14/0a
KaCOt /NOLILMR
aockame
11,000,000
COOLY INJURY
Pee was9
-
D00I.Y NAJRY
Wa�OMO
i
1'1IOPiRTIOAMADi
WM tle6en0
i
WARAGE UA/ITTY
ANY AUTO
AUTO ONLY - $AACaoGNr
6
°MERMAN $AAoc
a
AUTOONLY: ADO
4
AmcassAmsRaLLAummNY
1
r
422551A
OCCun I 1 cwAs MAD( .
Dioui; nett
NETENTAIN 4
07/0S/07
,
07/05/0$
EACHOCCUWrd10E
0..650.604
AOGNEOATE
41,000,000
I
i
4
C IwIA.IseaaNINNATIONAND
EMPLOVIAWLMILITY
ANY
OPRLF.A4IBAIB1
aPNOULPHOV os.
P1OPNCTOIWANTNENNASCIfIVF
EIlCLUDm9 Z
1,7527716 05/01/07
65/01/oa
X 14502k1 Pat
i 1, coo, 000
EL EACH ACCIDWT
ILL, fl PAOE - 0A EMPLOYEE
S1.000.000
dunes tram
E.Lp9EAIE-POUCYUM' ;11.000.000
OINOI
I
I
-NSCPSPOON OPorrmAnOIIV1.0l,A? ,1JM IW. lOLLIwoIU MCKIlY atoopsemamrtsseam.111061610N6
Cartificata Midas is eased as additional inured with respect. to Oe0.ral
Liability per the attached Coca / CO2010 10/93 with regards to Fencing p.fers.d
in eta State of California.
•10 daye orates of cancellation tor no payasat el premium.
rot Kimball lark arldg. lath Secant & rati.aal City 11vd.
ATE 1E0
CANCELLA
WOUND ANY 0P711a Am0V$OgCRICO POUCJaa IICAIICIA IV IN ORITIOMUMM ION
City of National city
MTI TNNMOP, NO ii1W0 INIUMSONLLBMEAVORTO RNA 10
MOS V111rrsm
e6TIOE To M B$RTy1CATE H0LDHI IIAa1fD TO MRa LU T. IUr PAAMM TO a010 INAU.
aroa MO OMIBAT92M OR NAa1IlY OP ANY ace UPOn 711a N I H. ITN AOBRI 00
2100 Hoover Avenue
Rational City, CA 91950
CSA
NSP E,1BITATriU1.
AUTHONSMO AFAAO$.nATIVL /'j �I/l;G�%f+M�
! /�./1/
J` a ^^_rJ/ y
I
A
ACORD 25 (2007AS) >vi tabsll
54606a4
0 ACORD CORPOE1AT1ON 1016
MHY-96-2008 09: 13 c^om: QY_C==" FE^+CE CC I C
-o : 33',4321 Fa se: 7/7
POLICY NUMBER: 175703,0..
COMMERCIAL GENERAL. LIABIUTY
CG 20 10 1093 Modified
THIS ENDORSIEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
ADDITIONAL ;INSURED _OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL -1AOILIlY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of National City
(If no entry appears above, information required to complete this endorsement win be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only to the extent that the person or
organization is held liable for your acts or omissions for your ongoing operations
performed for that insured.
This endorsement applies to the following work:
Description of Job: Fencing work
Location of Job: State of California
Al only Effective from:
Effective Date: 7/5/07 Expiration Dale: 7/5/08
CG 20 10 10 93 Modified Page 1 of 1
Includes copyrighted material of Ins;ir nce Services Office. Inc.. with its permission.
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
May 13, 2008
Mr. Gene Cioe
Alcem Fence Company, Inc.
1440 Coolidge Avenue
National City, CA 91950
Dear Mr. Cioe,
On May 6th, 2008, an Agreement was entered between the Community
Development Commission of the City of National City and Alcem Fence
Company, Inc.
We are enclosing for your records a fully executed original agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
® Recycled Paper