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HomeMy WebLinkAbout2015 CON Green Mechanical Contractors - HVAC Service and RepairsSHORT FORM SERVICES AGREEMENT 13Y AND BETWEEN THE CITY OFNATIONAE CITY AND GREEN MECHANICAL CONTRACTORS 'MIS AGREEMENT is entered into this I st day of July, 2015, by and between the CI-I-Y OF NATIONAL CITY, a municipal corporation (the "CITY"), and Green Mechanical (the "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 City -Wide on -site I IVAC service and repairs as needed for our fiscal year ending .Lune 30. 2016, and as directed by Rick Hernandez . the City's Facilities Maintenance Supervisor 2. Length ot-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 anannual total cost of$5.000.00. Thecompensation 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. and approving 5. (1) day written Payment Schedule. CITY wilt make payment within thirty (30) days of receiving a billing statement for the satisfactorily completed services of CONTRACTOR. "Termination. CITY May terminate this Agreement at any time by providing a one notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and al I persons working or or under the direction of CONTRACIOR. are CON TRA C.FOR'S a cnts. servants and employees, and said persons shall not be deemed agents. se/wants. or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. D If checked. 'Professional Liability Insurance (errors and omissions) with minimum limits ot$17000.000 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 ail ofCONTRACTOR'S cmplovees 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. F:. 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 ind 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 hree years after expiration of the tern) (and any extensions) ofthis Agreement. In addition the r i"ref o" date must. be on or before the date ofthis 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 VI I I according to the current Best'sKey Rating Guide, oracompany equal financial stability that is approved by the City's Risk Manager. In the event coverage isprovided by non -admitted 'Surplus lines" carriers, they must be included on the most. recent California List of Eligible Surplus ! ines Insurers (LFSLI list) and otherwise meet rating requirements. 1 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., lithe 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 fia:ilure to maintain the requisite insurance as a breach ofthis 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. 1<. Insurance certificates must specify certificate bolder 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 ap.cnts harmless from any liability fir 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 ofany 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. r2ari.cdAu; un1, 2u14 fI. 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 ofthe parties hereto, are not a part of this Agreement and shall not be used fhr the interpretation or determination ofthe validity orthis Agreement or any provision hereof. C. No Obligation to Third Pasties. Except as otherwise expressly provided herein. the execution and delivery cif 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. . Arnend;nent to this Agreement. The terms of this Agreement may not he 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 pros: ision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws ofthe StateofCaltfornia. The CONTRACTOR shall comply with all laws, including federal, state. and local la.ws.whether now in force or subsequently enacted. fl. Entire Agreement. This Agreement supersedes any prior agree►xlents, negotiations and communications, oral or written.and cont ains the entire •e 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 bowed thereby. i. Successors and,4ssigns. This Agreement shall he binding upon and shall inure to the benefit o f the .successors and assigns ofthe parties hereto. J. Construe/ion, 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, (i ii) 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 ail matters contemplated under this Agreement. (iv) any rule or coustruetion to the effect that ambiguities are to be resolved against the drafting shall not apply in the interpretation of this Agreement, or any portions hereof or any party amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by crrY and by CONTRACTOR. on the date and year first above written. Rev lied Augutit 2014 CITY OF NATIONAL CITY Y: Leslie Deese, City Manager APPROVED AS TO FORM: Gac City Attorne Silva 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 Einail:rickh'o:nationaleityea.gov Re i,ed August 2014 GREENMECHANICAL CONTRACTORS rc.'orponition hro :.o17,,:ra ortr!: byce (Pariwrsh. on sign lore) prop Th. Bv: G-6ta,i) Rt. (Pr/no 0<e st By: (Name) J (Jille) GREEN MECHANICAL CONTRACTORS Complete Address: 930 S. Anderson Dr. #A Escondido, Ca. 92025 Phone: 1 (858) 909-0719 Fax: 858 635-6752 Contact: Kelly Hernandez Tide: Service Manager Email: KHemanclei(i4greenme.com Taxpayer .1.D. No 330948384 4 GREEN MECHANICAL CONTRAC1O. S 06/30/15 Attn: Rick Hernandez City of National City 1243 National City Blvd. National City, CA 91950 Re: Labor Rates Dear Rick, The owners of Green Mechanical Contractors are: Juan Ramirez, President and Michael Jones, CEO. Listed below are our current labor rates: • Regufar Business Hours (Mon -Fri 7 AM — • OT mates Mon -Friday ® Saturday & Sunday — OT Rates a Holiday's — Double Time Rates • Fuel Charge 5 PM) $ 95.00/hour $ 142,50/hour $ 142.50/hour $ 190.00/hour $ 25,00 per service cafl Thank you for opportunity to be of service. Please feel free to contact me should you have any questions. Sincerei I<diiy'Hernandez, Service lvianager Green Mechanical Contactors 858-909-01719 8330Juriper Creel; Lone San Dingo CA 92126 161 65I3.909.0719 fnn 850.587.67d9 wwW.0rPenrn..eofi 3icen4641 7979134 A CCoR CERTIFICATE OF LIABILITY INSURANCE GREENB5 OP iD- NG DINE iremQMhN) 1 07106/2015 THIS CERTIFICATE iS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CF_RTIFICATE 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 policyfies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms anti 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 Watertdge insurance Services 10717 Sorrento Valley Rd, San Diego, CA S2121 Hulqulst Insurance Svcs.,Inc. INURED Green Bldg Technologies Inc;. Green Mech. Contractors Green Mech. Cooling & Heating Green Heating & Cooling 930 S. Andreasen Drive, Ste. A Escondido, CA 92029 OFn 'LT NNhIE: Heather WirSIg PHONE Ho. EItx 858-452-22D0--.. _(AK Noj . 858-20a Musa AapNgss: hWITSi Waterid e.Com INSURER(SI AFFOiROINO COVERAGE NAIL II NWRERA• Valley Forge )nsurance Co. _ 20508 .is.i ER n ,Continental Ins. Co. 135289 ,Nsi1FtRERc:Continental Casualty Co. 20443. 27847 sN^,A ERp:lnsurance Co. of the West INSURER E INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS THE POLICIES OF INSURANCE ANY REOUIRI?MENT, OR MAY PERTAIN. OF SUCH POLICIES. AUL/ LIAF311.ITY -- ._LI6 SOW` top , i 1 l i LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN REDUCED __..._. POLICYNUMBER ISSUED TO THE INSURED NAMED ABOVE FOR THE CONTRACT OR OTHER DOCUMENT WITH RESPECT THE POLICIES DESCRIBED HEREIN IS SUBJECT TO BY PAID CLAIMS. -PiKIEVt'Fi...I_-i,or '-t-r--:- Lit M DOPrrr) (MMfOOPena LIMIT POLICY PERIOD TO WHICH THIS ALL THE TERMS, E171;R' LTR ,i - 1 X • ' •r iYYkr1F WSURANCE C-ONMERCIAL U=I`-RAL 6020114053 07/0N2015 iii--- 07/01/201S rJ 11 . I r- CD. ? 1,000,000 F" tl ` I ;' 0, vrLli:_' r r( L, i E I h L 1 It FRC_U.TS - ,.r•,.r ., 100,00E l 1,000,00 t 2,0000,00- 2,000,00 1, ,Ei' E LI.,IT 11 -. I^ -Fr• 1 FPO. i F f'.r X' 111F'R AUT0t B IX OOIL'e LIABILITY .,,r:;Jr,� t L . n l°o_l '41t.' I I1, U1.E1? I 14 r•'+ivAt[G i I A�R.'S 0018393812 07/01/2015 07/01/201S .''�F,9NiPIL.f.;. <;11C:.E 1.1I.1, r 1,000,00 Er::r.-flrr,:L;FriNrr,,•r.onl bJ {IU_K (Por gxlU rl) c II-`'r'r' T I 'v+t C L . F i 11,Ei; 1 X UMBRELLA LI.;B I X • , i C I s.(CESSLiA6 i ;,,5, ,.1 - . � I rt:r. I pT-I 1 > 'WORKERS 6018393809 U7/01/2015 l 07/01/2016 EA I Cr.PFE ICC. $ 5,000,00 Ax r ;E $ 5,000,00' $ C ih1PEL15 1 ANn EMPLOYERS LIA©1C 111' [0 r . siE1 f P114- Ih C`J71VF: YIN ` ; WSD502397502 ,.. _.,a.u,te - altAI !(Mandatory Nk) ".. ` T:: ,:RA'1 r+;U:-10, I 07/01/3Q15 0!/Oii2015 I x J . t,L TE �. (PT. L .. F_' ..11 �l _I r. _I --- ----------- c --- 1,000,001 E L (DI E SE. LIPLD'iE el i::. _ie {_I'.:YLI,.'IT $ 1;000,00' T 1,000,00* A Leased/Rented I 001839322E I 07/01/2015 07/01/201R ;Limit 2,000,00E Ded. 1,001 r,FSCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES IACORO lot, Additional Remallls Scilcd14v, may at attached tr mare space ,a rayWrvar CERTIFICATE HOLDER ANCELLATION PR00001 "PROOF OF INSURANCE"ACCORDANCE SHOULD ANY OF THE ABOVE DESCRIBED POUCIE9 Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN WITH THE POLICY PROVISIONS. AUn•IORIZEO REPRESENTATIVE ACORD 25 (2014101) 1568-2014 ACORD CORPORATION, All rights reserved. The ACORD none 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 January 20, 2016 Ms. Kelly Hernandez Green Mechanical Contractors 930 S. Anderson Drive, Suite A Escondido, CA 92025 Dear Ms. Hernandez, On July 1st, 2015, an Agreement was entered into between the City of National City and Green Mechanical Contractors. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure