Loading...
HomeMy WebLinkAbout2015 CON S & J Builders - Building Repairs Maintenance and Carpet CleaningSHOR`I FORMSERVICESAGREEMENT BY AND BETWEEN . THE CITY OFNATIONAL CJTY AND S&J BUILDERS AND RESTORATION SERVICES INC. THIS AGREEMENT is entered into this 1 stday ofJuly, 2015, by and between the CITY OF NATIONAL CITY, amunicipal corporation (the "CITY"). and S &J Builders and Restoration Services.lnc. (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"general building repairs, replacements, services and carpet cleaning 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 ofCONTR.AChOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (I)daywritten notice toCONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction ofCONTR.ACTOR 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. 0 If checked, Professional Liability Insurance (errorsandomissions) 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' corn.pensation 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 prirnary 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. Ifrequired insurance coverage is provided on a "claims made" rather than "occurrence" form ,th.e CONTRACTOR shall maintain such insurance coverage forthree 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 VIH according to the current Best's Key Rating Guide, or acompany 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 1243National City Blvd National City, CA 91950-430 I 8. Hold Harmless. CONTRACTOR shall defend, indemnity, 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 ofthe work. the manner of performance, and/or the compensation payable to the CONTRACTOR. 1.0. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. ReYised Aug.usr2014 2 11.. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counteipatl s, 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 ofthe 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 ThirdParties. 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 th.e 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 ofthe 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 oldie 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 hereot; or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Rcvi std Au gu st2014 CITY OF NATIONAL CITY 3y: Leslie Deese, City Manager PROVED • S TO FORM:: Claud': Gacitua Silva City , rney CONTACT INFORMATION CITYOFNATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4585 Fax: (61 9)336-4397 Contact: Rick Hernandez Title: Facilities Supervisor Dep.: Public Works Email: rickh(t%)nationalcityca.gov S&JB UILDERSANDRESTORA TION SERVICES, INC'. (Corporation -signatures of two corporate officers required) (Partnership one signature) (Soleproprvetor_chip -one signature) By: (Natne) (Print) (Title) (Print) (Title) S & J BUILDERS AND RESTORATION SERVICES, INC. Complete Address: 10815 Wheatlands Ave. Suite J Santee, CA, 92071 Phone:866-752-8453 Fax: 619-449-0887 Contact: Sean T. Wilson Title: President /Estimator Email: swilsonrcr�;sandjbui ld.com Taxpayer LD.No 330888559 Revised Aug.ust2014 4 J uly 1, 2015 RE: S&J d, U s Non pt vI%i ( I Rm !' fisted Drywall: $87.55 §n / $55.74 ahr m:$9+65< , Q§ $77.I5 ahr y 6gaI :$63U5ahr A d caner:$4 6 19 ahr r) S an Wilson President e 7, e lam£mms, any charges the lest rat e CA92071•e 66752453®R6! 9-087•wwgm9ggtns d ACORD* CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD(YYYY: 10/9/2015 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 policy(ios) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an o idorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED S 6 J Builders and Restoration Services, Inc. 10815 Wheatlands Ave. Ste. J Santee CA 92071 cONtACT Jodi Hollow NAME__.....__....._.._......___._...__ PHONE (619) 6B3-9990 TFAX (61916E3-2999 Nc._Extl� I IA/C, Nol: ~•'AIL odih@ehrenfeldinsurance.com ADDRESS: -„_.,__ INSURER(S) AFFORDING COVERAGE _.,.,,__._...._.___...._ NAIC 8 suRERA Arch Specialty, .Ins Co _ NSURERB State Compensation Ins Fund of CA 35076 RC: URER 0 : INSURER E : INSURER F CERTIFICATE NUMBER:15-16 GL WC XS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR Tr,E INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ _ PCUGr PERIOD TO WHICH THIS ALL THE TERMS, INSR. I LTR TYPE OF INSURANCE ')NSD ADM S09R WVD . POLICY EFF POLICY E15 POLICY NUMBER 1 IMMIpOrrYYVYI IMMIDD(YYYYI - UMITS�""_-_._. X A COMMERCIAL GENERAL CLAIMS -MADE LIABILITY r--- 1 X l OCCUR X 12EHP9285803 11,0/15/2015 I ( l 10/15/2016 EACH OCCURRENCE S 1 , 000 , 000 CSAICLIZE TirIEFREtS PREMISES (Ea ttctiwrencei $ 50,000 MEDEXP(Any one panwn) 5,000 I PERSONAL 6 ADV INJURY $ 1 , 000 ,000 GEN'L _ AGGREGATE LIMIT APPLIES PER. POLICP JECT LOC Y R0 �� OTHER GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG Y 2,000,000 Empwyee 9ana6ta $ 1, 000 , 000 � AUTOMOBILE _ LIABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED --.-- NCN-0',VNED __. AUTOS I COMBINED SINGLE LIMIT tEII acca4rJ $ BODILY INJURY (Per persenl S BODILY INJURY (Per tttcaent) $ PROPERTY DAMAGE _Iniuml4LIL._.. I X Aj UMBRELLA LIA9 `X r EXCESS LIAB I'. OCCUR CLA,IMS,.M,AOE . 12 %05 0f'1 t.( =!2'D15 10115/2016 EACH OCCURRENCE' $ 1,000,000 AGGREGATE t`* DEO H,TENT ioN$ $ VYORi(ERS COMPENSATION f AND EMPLOYERS' LIABILITY Y f N , ANY PROPRIETOR+ PARTNER:EXECLTIVE '- !OFFICER/MEMBEREXCLUOED, `___....NIA, B �IMandatory In NHI (Mandatory �5yyee descnue ..ar 30ESCRIPTIC r C c E P4 r C t 5 t=ei^w _ 908291,:":`: ' i/1/2015 1/1/2016 OT X STAiT tT ERH E L EACH AOCI DENT 5 1, 000, 000 Et..DISEASE-EAEMPLOYE 5 1,000,000 5 1 . 000.000 E L. DISEASE . POLICY LIMIT A Contractors Pollution Lib 1200W9285803 :0/11/2815 10/15/2016 AggrpccCanrseMade $2M/$1M A Professional Liability 12EMP9285603 10/15/2015 10/15/2016 AgarPnr Act -Clam% Made $211/$1M DESCRIPTION OF OPERATIONS !LOCATIONS !VEHICLES IACORD 101, Additional Remarks Schedule, may Ise attached IT mom space is req nredl The City of National City its elected officials, officers, agents, agents and employees are named as Additional Insured as required by written contract, as respects to Comm'l General Liability, including Per Project Aggregate but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions per the attached endorsement. As respects Workers Compensation, Waiver of Subrogation applies on behalf of The City of National City its elected officials, officers, agents, agents and employees per the attached endorsement. CERTIFICATE HOLDER CANCELLATION The City of National City Attn: Finance Dept, Purchasing Division 1243 National City Blvd National City, CA 91950 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 ,revs HenkelTnan/JO11IH ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 r0nran1 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 December 7, 2015 Mr. Sean Wilson S & J Builders and Restoration Services 10815 Wheatlands Avenue, Suite J Santee, CA 92071 Dear Mr. Wilson, On July 1st, 2015, an Agreement was entered into between the City of National City and S & J Builders and Restoration Services. We are enclosing for your records a fully executed original Agreement. Sincerely, ,f),A, Michael R. Dalla, CMC City Clerk Enclosure