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HomeMy WebLinkAbout2011 CON California Adopt A Highway Inc - Litter Removal Paradise CreekCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CALIFORNIA ADOPT A HIGHWAY, INC. THIS AGREEMENT is entered into this 7th day of November, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CALIFORNIA ADOPT A HIGHWAY, INC., a Contractor (the "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 services as outlined in attached, Exhibit "A" 2. Length of Agreement. The schedule is set forth below: a) Work to be started within 10 working days of notice to proceed; and b) Work to be completed bi-weekly until June 30, 2013. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed $11,968. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates given in Exhibit `B" (the labor rates) without prior written authorization from CITY. 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 a 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. I. 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. 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. November 7, 2011 2 City of National City/CA Adopt a Highway, Inc. 9. 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. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 11. 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. 7. 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. November 7, 2011 3 City of National City/CA Adopt a Highway, Inc. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF N ONAL CITY By: Chris Zapa : , Manager ROVED AS TO FORM: C audi City Silva y CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336-4583 Fax: (619)336-4397 Contact: Barby Tipton Title: Storm Water Compliance Inspector Dept.: Development Services Department Email: BTipton@NationalCityCA.gov CALIFORNIA ADOPT A HIGHWAY, INC. (Corporation — signatures of two corporate officers) By: sL: 701-y Aoacg< (Print) 1 / (Title) By: (Nne) (Print) (Title) CALIFO IA - : IGHWAY, INC. 23 1 is < Parkway, Suite 294 ission Viejo, • 692 Afriee /4�x_ic----/ CA 9;757c Phone: _ 9S/ etiv3 yc/c/7 Fax: —7 -/ `L/!/3 yl/ t:f- Contact: J/4 iv .e74,, ' Title: Email: ,4pv' /j ize d, Taxpayer I.D. No.: 0'7/ 9/ November 7, 2011 4 City of National City/CA Adopt a Highway, Inc. Exhibit A Scope of Work: 1. Remove trash, litter, and debris by hand for items that will fit into trash bags and place in City provided dumpsters. 2. Provide all labor, tools, trash bags, protective gear, transportation, etc to accomplish the removal of the aforementioned items. 3. Place large items such as containers, shopping carts, etc in a central location for disposal by the City's Public Works Department. 4. Notify Public Works of any toxic waste or chemicals for disposal. 5. All services will be conducted bi-weekly during daylight hours. 6. Monthly reports quantifying the amount and type of items removed must be provided to the City. 7. Provide 4-person crew for after storm event clean up on an as needed basis. Project Name: Paradise Creek Educational Park Litter Removal. Location: Banks of Paradise Creek beginning at 22nd Street and ending at D Avenue in National City. November 7, 2011 5 City of National City/CA Adopt a Highway, Inc. Exhibit B Compensation: Compensation shall be based on monthly billings covering actual work performed. Invoices shall include labor classifications, respective rates, hours worked and also materials, if any. The bi-weekly cleaning for a 4-person crew shall not exceed $864.00 per month and the after storm event clean up for a 4-person crew shall not exceed $400 per event (estimated 4 events per year) for a total contract amount not to exceed $11,968.00 per each year of the contract and shall not change without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is satisfactorily accomplished, as determined by the CITY. November 7, 2011 6 City of National City/CA Adopt a Highway, Inc. ACORD PRODUCER LIC Edgewood Partner 135 Main Street, San Francisco, CERTIFICATE OF LIABILITY INSURANCE #0B29370 1-415-356-3989 s Insurance Center (EPIC) 21st Floor CA 94105 INSURED California Highway 4050 Alvis Court Rocklin, CA 95677 Adoption Company THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED DATE (MM/DDIYYYY) 11/07/2011 MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # 35289 INSURERB:NATIONAL FIRE INS CO OF HARTFORD 20478 INSURER C: INSURER A; CONTINENTAL INS CO INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS INSR LTR DD'L NS RD TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBER DATE IMMIDDIYYI POLICY EXPIRATION DATE(MMIDD/YY1 A X GENERAL LIABILITY _ 14019893890 07/01/11 07/01/12 EACH OCCURRENCE'. $1,000,000 X COMMERCIAL GENERAL LIABILITY ENTED DAMAGE occure PREMISES (Ea occurence) $ 100,000 I 1 CLAIMS MADE X OCCUR r MEDEXP(Any one person) $5,000 ' PERSONAL 8,ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 000,000 POLICY X I j OT LOC B X AUTOMOBILE LIABILITY 4019893842 07/01/11 07/01/12 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X _ ALLOWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ --------- PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ —' DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC TH TORYLIMITS ER - TORER E.L. EACH ACCIDENT - -- ----� $ --- - - -- ------------- ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $ If yes, describe under E.L. DISEASE POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Re: Paradise Creek Litter Removal The City of National City, its elected officials, officers, agents and employees are named as additional insured as respects General Liability and Automobile Liability per the attached endorsements. CERTIFICATE HOLDER CANCELLATION 10 Day Notice of Cancellation for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of National City DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1243 National City Blvd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. National City, CA 91950 AUTHORIZED REPRESENTATIVE �' USA'._.P ACORD 25 (2001/08) cmcclure 24009570 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORN 25 (2001/08) POLICY #: 4019893842 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Foram apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: o7/0l/11 Named Insured: California Highway Adoption Company Countersigned By: SCHEDULE (Authorized Representative) Name of Person(s) or Organization(s): City of National City 1243 National City Blvd. National City, CA 91950 USA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 THIS CERFA UDMOENYGFG.PGLE CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Organizations (As required by written contract/agreement per Paragraph A. below.) Locations} of Covered Operations (As per the written contract/agreement, provided the location is within the "coverage territory' of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization (s), including any person or organization shown in the Schedule above, whom you are required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided: a. The written contract or written agreement was executed prior to; 1. The "bodily injury" or "property damage"; or 2. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part; and b. The written contract or written agreement pertains to your ongoing operations or "your work" for the additional insured(s). B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) or c. "Your work" that is included in the "products -completed operations hazard" and performed for the additional insured, but only if this Coverage Part provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. 2. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least of those: a. Required by the written contract or written agreement; b. Described in B.1. above: or c. Afforded to you under this policy. THIS CERFA UDMOENYGRa.PGLE 3. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract or agreement requires this insurance to be primary. In that event, this insurance will be primary relative to insurance which covers the additional insured as a named insured. We will not require contribution from such insurance if the written contractor written agreement also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; (3) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit." We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non-contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part INCORI'dRATED 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 CALIFORNIA ADOPT A HIGHWAY, INC. Paradise Creek Educational Park Litter Removal Judy Hernandez (Engineering) Forwarded Contract to Contractor