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HomeMy WebLinkAbout2014 CON Alliance Environmental Group - Asbestos Removal Council ChamberCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ALLIANCE ENVIRONMENTAL GROUP, INC. 3r•d Nome^ THIS AGREEMENT is entered into this -1811 day of -August, 2014, by and .etween the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ALLIANCE ENVIRONMENTAL GROUP, a corporation (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 remove and dispose of asbestos - containing materials in the second floor Council Chambers located at 1243 National City Boulevard, National City, California, to allow for the installation of a widescreen television, as set forth in Exhibit "A," attached hereto and incorporated into this Agreement. 2. Length of Agreement. The schedule is set forth below: a) Work to be started within 20 working days of notice to proceed; and b) Work to be completed within 30 working days of start date. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed a one-time cost of $2,250.00. 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 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. E< 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: Risk Manager 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. Revised August 2014 2 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. 13. 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 on the date and year first above written. Revised August 2014 3 CITY OF NATIONAL CITY Leslie Deese, City Manager PPROVED AS TO IRM: audia Gacit City Atto CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336-4373 Fax: (619)336-4349 Contact: Ron Williams Title: IT Manager Dep.: Admin Services Email: Rwilliams@nationalcityca.gov ALLIANCE ENVIRONMENTAL GROUP, INC. (Corporation- signatures ofero corporate officers required) (Partnership - one signature) (Sole proprietorship - one signature) By: By: (N (Print) (Title) vv1`&e .70 w . t l (c 1) (Print) b (Title) ALLIANCE ENVIRONMENTAL GROUP INC. 8390 Juniper Creek Lane San Diego, CA 92126 Phone: (619)229-6135 Fax: (619)229-6143 Contact: Jessica Guillen Title: Office Administrator Email: JessicaGuillen@alliance-enviro.com Taxpayer I.D. No.: 954549377 Revised August 2014 4 EXHIBIT A Contractor shall provide the following services: 1. Notify required local regulatory agency prior to job start if applicable. 2. Isolate designated area for acoustic removal in the 2nd Floor council chamber room to allow for scraping a section of acoustic necessary for the installation of a widescreen television. 3. Set up the shower decontamination system adjacent to work area(s). 4. Run negative air filtration during the abatement and monitor air in the work area(s). 5. Scrape bag and dispose of asbestos acoustic (approximately 16sf). HEPA Vacuum and wet -wipe surfaces within the containment. Prepare for independent air clearance. Clearance fees included in estimate. Remove barriers after air clearance is achieved. 6. Transport, manifest and dispose of waste at an EPA landfill. 7. Remove containment and equipment upon final inspection and/or clearance. Revised August 2014 5 AccoRii CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD4 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. 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). PRODUCER Risk Strategies Com an 2040 Main Street, Suite 450 Irvine, CA 92614 www.risk-strategies.com CA DOI License No. 0F06675 CONTACT Kara Sammons PHONE FAX (949) 242-9224 (A/C No): talc No ExU•E- AIL ADMDRESS, ksammons@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Starr Surplus Lines Insurance Company 13604 INSURED Alliance Environmental Group, Inc. 990 West Tenth Street Azusa CA 91702 INSURER B: Starr Indemnity & Liability Company 38318 INSURER c: Federal Insurance Company 20281 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 211151 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES 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 WITH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSD SUBR wVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD!YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY / SLSLEIL72033214 6/10/2014 6/10/2015 EACH OCCURRENCE $ $1,000,000 CLAIMS -MADE ,/ OCCUR DAMAGE RENTED PREMISESO(Ea occurrence) $ $50,000 MED EXP (Any one person) $ $50,000 PERSONAL &ADV INJURY $ $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 POLICY ✓ JE0 LOC PRODUCTS - COMP/OPAGG $ $2,000,000 OTHER $ B AUTOMOBILE LIABILITY ✓ SISIPCA08264414 6/10/2014 6/10/2015 COMBINED SINGLE LIMIT (Ea accident) $ $1,000 000 ✓ ANY AUTO BODILY INJURY (Per person) $ ALLOwNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ ✓ HIRED AUTOS , I NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ ✓ Comp & Coll Medical Payments $ $5,000 A UMBRELLA LIAB ✓ OCCUR SLSLXNV73024814 6/10/2014 6/10/2015 EACH OCCURRENCE $ $5,000 000 ✓ EXCESS LIAB CLAIMS -MADE AGGREGATE $ $5,000,000 DED RETENT ON $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 0044727080 1/29/2014 1/29/2015 �/ .F..' E ORH ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N N / A E.L. EACH ACCIDENT $ $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ $1,000,000 A Contractors Pollution Liability ../ SLSLEIL72033214 6/10/2014 6/10/2015 Per Occurrence: $1,000,000 Policy Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace is required) City of National City is included as additional insured with regard to work performed by or on behalf of the named insured where required by written contract. The above captioned policies include a 30 days notice of cancellation, except for 10 days notice of cancellation for non-payment of premium. RTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City CA 91950 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,[ ///J,( (BSTN) Mike Christian ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO.: 21115156 CLIENT CODE: Alliance Kara Sammons 8/5/2014 12:51:C0 PM (PDT) Page 1 of 2 Alliance Environmental Group, Inc. POLICY NUMBER: SLSLEIL72033214 6/10/2014 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named Of Additional Insured Person(s) Or Organizations Location(s) of Covered Operations Blanket by Written Contract Information required to complete the Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who is An Insured is amended to include as an additional insured the person(s) or orgnization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CG20100704 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Copyright ISO Properties, Inc., 2004 Page 1 of 1 CERT NO.: 21115156 CLIENT CODE: Alliance Kara Sammons 8/5/2014 12:51.00 PM (PDT) Page 2 of 2 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk November 10, 2014 Ms. Jessica Guillen Alliance Environmental Group 8390 Juniper Creek Lane San Diego, CA 92126 Dear Ms. Guillen, On November 3`d, 2014, an Agreement was entered between the City of National City and Alliance Environmental Group. We are enclosing for your records a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure