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Home My WebLink About2009 CON Nonstop Signs - Survey City Banners & BracketsCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT This contract dated this ) ( day of Oct. , 2001, is made by and between the CITY OF NATIONAL CITY, a municipal corporation, (hereinafter "CITY"), and Nonstop Signs(CONTRACTOR). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: I . Description of Services. CONTRACTOR shall provide one-time services as outlined in attached proposal, Exhibit 'A'. . 2. Length of Agreement. Work to be started within thirty working days of notice to proceed; and, completed within one work day. 3. Compensation. The compensation for CONTRACTOR'S work shall be based upon (and not exceed) the rates given in Exhibit 'A' (the labor rates) without prior written authorization from the Purchasing Agent. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one time cost of $200. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day written notice to CONTRACTOR. 6. independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence, covering all bodily injury and property damage arising out of its operations under this Agreement. B. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. C. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. D. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. E. 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. F. Insurance certificates must specify certificate holder as: City of National City ATTN: City Manager's Office 1243 National City Blvd National City, CA 91950-4301 8. Prevailing Wage. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, §§1720, 1720.2, 1720.3, 1720.4 and 1771. Contractor is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 9. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 10. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 11. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 12. Miscellaneous Provisions. A. 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. B. 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. C. 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. D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. 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. F. 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. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, 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 2 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. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. 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) 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, this Agreement is executed by CITY and by CONTRACTOR. CONTRACTOR Pleas check applicable box, and note the number of signatures required: Corporation (two signatures of corporate officers) Partnership (one signature) Sole Proprietorship (one signature) Signature: / � Title: (� tom' f� J t G� e,'t 7 Print Name: Signature: \ Title: ifi?5,0 Y ✓t t Print Name: )Lxcttr) (t:(;t-rt-1}lf Company Name: NonStop Signs Address: 5725 Kearny Villa Rd. S-J, San Diego, Ca 92123 Phone: 619-297-7446 Fax 858-565-2410 Email: josh a,nonstopsigns.com Taxpayer I.D. #: a(2o 1 0 5 CITY City of National City 1243 National City Boulevard, National City, CA. 91950 Ph: (619)336-4330 Fx: (619)336-4349 inance Director (Revised 3/09) 3 Exhibit "A" 1. Specifications The Contractor shall be responsible for surveying City banners and brackets. Work is to be started within thirty working days of notice to proceed; and, completed within one work day. The Contractor is to walk to the banner locations listed below and visually inspect from the ground Banner locations: • On Highland Avenue from Division Street to 24th Street there should be up to 66 banners measuring 92" x 31 "and up to 66 brackets. • On 12th Street from NC Boulevard to "D" Avenue there should be up to 24 banners measuring 92" x 31"and up to 24 brackets. • On Civic Center Drive from Wilson to National City Boulevard there should be up to 40 banners measuring 48"x 24" and up to 40 brackets. • On Plaza Boulevard from Highland Avenue to Harbison there should be up to 47 banners measuring 92" x 31 "and up to 47 brackets. • On National City Boulevard from 12th Street to 14th Street there should be up to 13 banners measuring 48" x 24" and up to 13 brackets. • On Bay Marina Drive there should be up to 12 banners measuring 92" x 31" placed on every 4th pole and up to 12 brackets. By street, the survey shall list the condition of the banners and brackets, the total number of banners and brackets per street and if the banners are "Center of' or flag banners. 2. Compensation The City shall compensate the Contractor for work to be preformed in the not to exceed amount of two hundred dollars for the work described above. The Contractor will provide the city with an invoice, net 30 days, upon survey submittal. This contract has been budgeted by tax increment and appropriations have been by the following account: 511-409-000-299-0000. Br• =!"on, . ecutive Director Community Development Commission of National City 4 From: Natalie Ortiz At: Snapp 8. Associates FaxID: To: Josh Doeringer Date: 12/22/2009 04:51 PM Page: 2 of 2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDYYYY) HONST 14AI 12/22/09 PRODUCER Snapp 6 Associates Insurance Services, Inc. 438 Camino del Rio So. #112 San Diego CA 92108 Phone:619-908-3100 Fax:619-906-3110 THIS CERTIFICATE 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 POUCIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED Non Stop Signs Eddie Whittaker 5725 Kearny Villa San Diego CA 1 INSURED A. Hartford Fire !drug once Co. 19682 WSLRERs: Mercury Casualty Company 27988 INSURER C: INSURER O INSURER E. COVERAGES NE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MTh 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 CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VISA LTR IDOL NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (IIAWIDDNY POLICY EXPRICTION DATE ONEDOND LINTS A GENERAL X LMBLHTY cutriwRciNGENERuuflei.ITY 72SBAAG1726 04/08/09 04/08/10 EACH OCCURRENCE $2 , 000 , 000 PRE B(Ee loci renca) $ 300,000 CIAYAS MALE X OCCUR MEO EXP (Am/ are person) i 10 , 000 PERSC»L&ADVNAnY $2,000,000 GEHL —I GENERA. AGGREGATE $4 , 000 , 000 AGGREGATE LIMIT APPLIES PER Fa.ICY n P RCUT F LOC PRODUCTS - COMP/CP AGG i 4,000,000 B AUTOMOBILE X ____ LAMM ANYA(TTO AL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS Nwo- VNEO W1TOS AC11082748 01/31/09 01/31/10 COMBINED SINGLE LIMIT lEt."47f1LI $1,000,000 BODILY INJURY (Par person) ; BOO LY R,A1RY (Per eccicertl PROPERTY OVMGE (Per accicer ) $ GARAGE LIABILITY ANYAUTO ALlf00N.Y-CAACCOENT $ OTiIERTIi EAACC $ AUTOONLY: AGO T EXCESS/IILIDRELLA JOCCUR ____I LIABLITY CLAIMS MADE DEDUCTIBLE RETENTION $ EACNOCCO RUNCE $ AGOFtGATE - s____________- s 5 $ WORKERS EMPLOYERS' ANY PROPRIETOR/PARTIER OFFICER/MEMBER SPECIR yas. AL oesaibe PROVISIONShenw COMPENSATION AND LIABILITYA EXECI IVF EXCLUED$ 72WECRR2859 08/02/09 08/02/10 OR+ X TORY LMRS ER ORYL PETS E.LEACHACCIDEM $1000000 E.L. DIS1-AFT- - EAEWIOYEE $ 1000000 LrMN EL_INSFASE-POLICY LINT ; 1D0DD00 OTHER DESCRIPTION OF OPERATIONS J LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY BNDORSEIEHT / SPECIAL PROVISIONS Re: Operations of the named insured subject to the terms and conditions of the policy. Certificate holder is named as additional insured per policy form. 10* days notice of cancellation in the event of nonpayment of premium. CERTIFICATE HOLDER CANCELLATION CITYNAT City of National City 1243 National City Blvd. National City CA 91950 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPRATTON DATE THEREOF. THE ISSUING INSURER IMLL ENDEAVOR TO MAL 30 A DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0 ACORD CORPORATION 1988 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax NONSTOP SIGNS Survey of City Banners & Brackets Angelita Marchante (City Manager) Forwarded Copy of Agreement to Contractor