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Home My WebLink About2015 CON Division 8 Incorporated - Window Replacement and RepairsSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DIVISION 8 INCORPORATED. THIS AGREEMENT is entered into this 1st day of July, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Division 8 INC. (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 City -Wide on -site glass and window replacement and repairs as -needed for our fiscal year ending June 30, 2016, and as directed by Rick Hernandez, the City's Facilities Maintenance Supervisor 2. Length of Agreement. The duration of this agreement is through June 30, 2016. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual total cost of $5,000.00. 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. ❑ 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. 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. Revised August 2014 2 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. 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 AP' • OVED : S TO F Claudia Gacitua City Attorne CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (619)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh@nationalcityca.gov DIVISION 8, INC. (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) \I(TP,SS��"� DIVISION 8, INC. Complete Address: 1920 Cordell Ct. # 105 El Cajon, CA. 92020 Phone: (619) 741-7552 Fax: (619) 741-7582 Contact: Robert N. Hoyt Title: CEO Email: rob@division8inc.com Taxpayer I.D. No330899433 Revised August 2014 4 1920 Cordell Ct. #105 El Cajon, CA 92020 CA LIC 779435 June 22, 2015 National City Library 1401 National City Boulevard San Diego, CA 91950 Ex DIVISION 8 INCORPORATED Attention: Rick Hernandez Reference: Annual Contract Renewal Subject: Hourly Rates Phone: (619) 741-7552 Fax: (619) 741-7582 www.division8inc.com Via email rickhliemationalcityca.aov Division 8 inc. is pleased to submit our hourly wage rate schedule par your request. Glazier "Straight time" (first 8 hours) $90.00/Hr. Glazier "Over time" (Over 8 hours per day or 40 hours per week) $135.00/Hr. Glazier "Double time" (Over 12 hours per day, Sundays, and Holidays) $180.00/Hr. Should you have any questions please contact the undersigned at your convenience. Sincerely, Ceo Robert N. Hoyt Division 8 Incorporated, AGC & ABC Affiliate Page 1 of 1 ACc Rl7 CERTIFICATE OF LIABILITY INSURANCE DIVIS-1 OP ID: VP DATE (MMIDDIYYYY) 03/11/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) 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 Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 Daniel W. Frazee INSURED Division 8, Incorporated 1920 Cordell Court, #105 El Cajon, CA 92020 Phone: 619-937-0164 Fax: 619-937-0168 CONTACT NAME: PHONE E--MAINo, Extl: ADDRESS: FAX No): INSURER(S) AFFORDING COVERAGE INSURER A : United Specialty insurance Co INSURER B -Golden Eagle Insurance Corp INSURER C . National Union Fire Ina Co INSURER D : Cypress Insurance Company INSURER E : Peerless insurance Company INSURER F : NAIC Ir 12537 10836 19445 10855 24198 COVERAGES • - -- - w,vI. ,wmOJctt. 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 i TYPE. OF INSURANCE ADDL INSR $T1t1 WVD POLICY NUMBER POLICY EFF IMMIDDryYYYt POLICY EXP IMM/DDIYVYYI LIMITS A GENERAL UABIUTY ' X COMMERCIAL GENERAL LIABILITY USA4028958 EACH OCCURRENCE $ 1,000,000 08/01/2014 08/01/2015 pREMSEREao£cicrurrence) $ 100,000 CLAIMS -MADE X 1 OCCUR MED EXP (Any one person) 5,000 PERSONAL SADVINJURY $ 1,000,000I GENERAL AGGREGATE $ 2,000,000 GENII --' AGGREGATE LIMIT APPLIES PER: POLICY [X I PRO- r—. JECT , LOC PRODUCTS - COMP/OP AGG ._._---- $ 2,000,000 $ B AUTOMOBILE Xl X UAEILI ANY AUTO ALL OWNED Y X SCHEDULED BA7203133 CO aBINED SINGLE LIMIT 1,000,000 08/01/2014 08/01/2015 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)$ PROPERTY DAMAGE Pereccident) $ ComplCol Dad S. 50d C X UMBRELLA LIAB EXCESS UAa X OCCUR CLAIMS -MADE 6E027576148 08/01/2014 08/01/2015 EACH OCCURRENCE $ 5,000,000` AGGREGATE $ 5,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMFMBER EXCLUDED? (Mandatory In NH) If yes,IN under DESCRIPTION OF OPERATIONS belrna YIN N 1 A $9000a3128-141 08/01/2014 08101/2015 X, WC IMITSTATU- IOT - ORY LS E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE -EAENIPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 E LaasedlRentedEqulp CBP7203136 08/01/2014 08/01/2015 Limit 50,000 Ded 1,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR. CERTIFICATE HOLDER I CITYNAI CITY OF NATIONAL CITY ATTN: FINANCE DEPT , PURCHASING DEPT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .-^ / J ,_D, %- ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 August 12, 2015 Mr. Robert Hoyt Division 8, Inc. 1920 Cordell Court #105 El Cajon, CA 92020 Dear Mr. Hoyt, On July 1st, 2015, an Agreement was entered between the City of National City and Division 8, Inc. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure