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HomeMy WebLinkAbout2010 CON TDSSW - Traffic Data ServicesCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT # (This form can only be used for relatively low risk services as determined by the Purchasing Agent, City Attorney, or Risk Manager) This contract dated this 11th day of November, 2010, is made by and between the CITY OF NATIONAL CITY, a municipal corporation, (hereinafter "CITY"), and TDSSW, Inc. (CONTRACTOR). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. 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 3 working days of notice to proceed; and, completed within 15 working days of start date. 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 $2,455.00. 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. ❑ 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 owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. 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. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. 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. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. 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. 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 Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. 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. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. L 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 CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 8. ❑ Prevailing Wage. If checked, the CONTRACTOR is required to comply with Section 1771 of the Labor Code regarding the General Prevailing Wage rates. 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. 2 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 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 Please check applicable box, and note the number of signatures required: _X_ Corporation (two signatures of corporate officers) Partnership (one signature) Sole Proprietorship (one signature) Signature: / c� Title: Print Name: Signature: Print Name: i" i> `4/ 4S 4 /- s4 3 Title: // Company Name: 7—DS-s CAA .TJ C Address: // % &Jr l/ d J )( P ! U C , G4jr1;-''''? Phone:/�l<7� 5 Fax: P4 6 766- / �l Email: ,6 r SC CT 7b5s4.l:7')) Taxpayer I.D. #: "26 ?7 CITY OF NATIONAL CITY By: Maryam Babaki, Development Services Director / City Engineer Ap r ved as to Form: By: 1 Claudia G. Silva City Attorney 4 TDSSW, Inc. PO Box 1544 Lakeside, CA 92040 Voice: (619) 390-8495 Fax: (866) 768-1818 Proposal Number: Proposal Date: Complete By: Page: ATTACHMENT "A" 'r�I�Uir. City of National City Engineering Department 1243 National City Blvd. National City, CA 91950-4397 �iiilliilill!I 2010-149 Oct 28, 2010 Oct 28, 2010 1 Ship Ti'o:ll l uh: 111110' City of National City Engineering Department 1243 National City Blvd. National City, CA 91950-4397 ,Customer ID ll, ro x , � lll!IIIIII rug � ,ember 9 Iglilibr �� �il(Iij,l ap°Marine NTLCTY ii11111111ICusto i Contact .:.. flul�� lgH111l�Illl� 11 'Shipp!!/ hors HinIIIlii� , ,, �l��ilii� = _ Payttient Terms Stephen Manganiello e-mail Net Due mw� ����,�alilll°�l�lll _1fem. � �' '''ii'� t1�1f1�,�ll;l!11�111[11111111� �n, �aa'�iption are ..:..' illue�u�,«r.. � ern M�nit�price ��,�� � � IIu� ��"ant 12.00 ITMX West 8th St at NEX Just East of trolley tracks 40.00 480.00 5.00 ITMX F Ave & 8th Street 40.00 200.00 5.00 ITMX G Ave & 8th Street 40.00 200.00 5.00 ITMX Osborn & Division Street 40.00 200.00 18.00 ITMX Bourden & 8th Street 40.00 720.00 1.00 AVC-7 Approach Volume Count - 7 Days 8th St West of 215.00 215.00 Bourden Dr 1.00 AVC-7 Approach Volume Count - 7 Days 8th St East of 215.00 215.00 Bourden Dr 1.00 DVC-7 Directional Volume Count - 7 Days Bourden Drive 225.00 225.00 North of 8th Street Work would begin as soon as notice to proceed is received by TDSSW Inc. Work will be completed and reports delivered within two weeks from notice to proceed Subtotal 2,455.00 Sales Tax Freight 0.00 TAL PROPOSAL�AMO 5.01 Traffic Data Service Southwest To: City of National City, Attn: Stephen Manganiello Subject: Price Guide Date: September 17, 2010 The following prices are for services rendered to City of National City. Good through September 30, 2011. 24-Hour Counts Directional Machine Volume Count Approach Volume Count Directional Classification/Speed Study per Lane Charge for each additional day 2-Hour Radar Speed Study Charge per direction Charge for two directions from one location 2-Hour Intersection Turning Movement Inventory with Peak Hour (Standard 4 approach legs, signalized or stop controlled ) One Peak Period Two Peak Periods Three Peak Periods $75.00 ea $65.00 ea $100.00 ea $25.00 ea $45.00 ea $90.00 ea $100.00 ea $160.00 ea $200.00 ea Add $40 per hour to Base Price For Each Additional Person per Location " Add $5 per Peak Period for Classification by Group (i.e. Autos & Trucks) Labor Per Hour Technician Assistant $32.50 ea Technician $68.75 ea Intersection Lane Configuration Drawings (Min. $75/Day) $12.50 ea Thank you, Martin Parish TDSSW, Inc. 2117 Willow Drive, El Centro, CA 92243 (619) 390- 8495 fax (866) 768-1818 - email mparish@tdssw.com Form W.9 (Rev. October 2007) Department of the Treasury internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Narne (as shown on your income tax return) TDSSW, Inc Business narne, if different from above Check appropriate box: D individual/Sole proprietor U Corporation Ei Partnershipms • Limited liability company. Enter the tax classification (U=disregarded entity, C=corporation. P=partnership) 1(.. El Other (see instwctions) . Exempt mil payee Address (nurnber, street, and apt. or suite no.) 2117 Willow Drive Requester's name and address (optional) City, state, and ZIP code El Centro, CA 92243 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. arEM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) 1 have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S, citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Social security number or Employer identification number 26 ! 1386775 Sign Signature of Here U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions. mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date ► C / 1p — CTV io Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-.2007) OFFICE OF THE CITY CLERK y. 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax TDSSW, INC. Traffic Data Services Judy Hernandez (Engineering) Forwarded Copy of Agreement to Contractor