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HomeMy WebLinkAbout2016 CON South Bay Fence - Fence Install repair replacementSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTH BAY FENCE, INC. THIS AGREEMENT is entered into this 1st day of January 4, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SOUTH BAY FENCE, 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 fence installation, service, repairs and replacements as needed for our fiscal year ending June 30, 2016, and as directed by Miguel Diaz, the City's Park Superintendent. 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 ROVED AS TO FORM: City Att itua Silva y CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336- 4288 Fax: (619)336-4397 Contact: Miguel Diaz Title: Park Superintendent Dep.: Public Works/Parks Email: mdiaz@nationalcityca.gov SOUTH BAY FENCE, INC. (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) By: (Name) (Print) i1r-//3<< In (Title) By: \JottW S7ZAJ (Print) Vi P, /L EA/T- (Title) SOUTH BAY FENCE, INC. Complete Address: 3084 Main Street, Chula Vista, CA. 91911 Phone 619-420-3410 Fax 619-420-5665 Contact: Loreina Aguirre Title: Dispatch Email: info@southbayfence.com Taxpayer I.D. No 952786168 Revised August 2014 4 "No Job 7bo Tough" Saw% Vetet 7eace, See. 3084 Main Street Chula Vista, CA 91911 Phone (619) 420-3410 * Fax (619) 420-5665 CITY OF NATIONAL CITY LABOR RATE Job Site Labor Rates: Prevailing Wage-1 man crew w/truck Prevailing Wge-2 man crew w/truck Shop, Loading & Driving Time Labor Rate: $95.00 per hour $185.00 per hour 2 man crew w/truck $125.00 per hour Overtime Time Labor Rate: OVERTIME Prevailing Wage-1 man crew w/truck $125.00 per hour OVERTIME Prevailing Wge-2 man crew w/truck $245.00 per hour PLEASE FAX BACK TO 619.420.5665 Form W-9 ;Rev. December 2011) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) South Bay Fence Inc. Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ► Exempt payee • Individual/sole proprietor 111 C Corporation 151 S Corporation ❑ Partnership ❑ Trust/estate 111 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ❑ Other (see instructions) ► 111 Address (number, street, and apt. or suite no.) 3084 Main Street Requester's name and address (optional) City of National City 1243 National City Blvd. National City, CA 91950-4301 Q City, state, and ZIP code Chula Vista, CA 91911 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Social security number Employer identification number 9 5 2 7 8 6 1 6 8 Part II Certification Under penalties of perjury, I certify that: 1, The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail Interest dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or aban erifne t of secureal3re =rty, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other th interest and dividends, you a : of required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person to Date o- la - / / , /"' General Instructipns Section references are to th' ntemal Revenue Code unless o erwise noted. Purpose of Form A person who is required to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that Is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 12-2011) "No Job 7bo Tough" Sczct &Eq 9exee, T.ee. 3084 Main Street Chula Vista, CA 91911 Phone (619) 420-3410 * Fax (619) 420-5665 CITY OF NATIONAL CITY LABOR RATE Job Site Labor Rates: Prevailing Wage-1 man crew w/truck Prevailing Wge-2 man crew w/truck Shop, Loading & Driving Time Labor Rate: $95.00 per hour $185.00 per hour 2 man crew w/truck $125.00 per hour Overtime Time Labor Rate: OVERTIME Prevailing Wage-1 man crew w/truck OVERTIME Prevailing Wge-2 man crew w/truck $125.00 per hour $245.00 per hour Legal Name Registration Number County City Registration Date Expiration Date SOUTH BAY FENCE, INC. 1000002204 SAN DIEGO CHULA VISTA 06/25/2015 06/30/2016 SOUTHB2 OP ID: C2 �`®p CERTIFICATE OF LIABILITY INSURANCE O09(25/201YY) os�25�zo15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGFITS 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 TI-IE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the torms 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 Wateridge Insurance Services 10717 Sorrento Valloy Rd. San Diego, CA 92121 Hulquist Insurance Svcs.,Inc, NAME:HeatherHeatherWirsig PHONE 858 452-2200 FAX No}: 858-200-3390 E21) E E-MAIL ADDRESS: Hwirsig cilwateridge.com INSURER(S) AFFORDING COVERAGE NAIC it INSURER A :West American Ins Company 44393 INSURED South Bay Fence, Inc. 3084 Main St Chula Vista, CA 91911 INSURERS :American Fire & Casualty Ins. 24066 INSURER C ; Travelers Property Casualty Co 25674 INSURER13 : Insurance Co. of the West 27847 INSURER E: INSURER F : • LAJV PtUtb VGrrI Ir-IVr•, 1.. 1V1l111..�W.s. 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 NC R TYPE OF INSURANCE ADDL INSD SUER WVP POLICY NUMBER POLICY EFF IMM/DEWYYY) POLICY EXP (MMJDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A RENrEo f X I X BKW 16 56 63 82 27 ( ) 08/01/2015 08/01/2016 PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE I OCCUR Contractual Liab. r a MED EXP (Any one person) $ 15,000 CERTIFICATES PERSONAL & ADV INJURY $ 1,000,000 L��Y {{{ Ni��l YYY _ �tJJJ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER j PRO- X I 1 1 t �`'� �® PRODUCTS - COMP/OPAGG $ 2,000;000 1 POLICY I JECT LOC OTHER: p���� 9 QQ.rlr. t $ AUTOMOBILE LIABILITY era t : II ED SINGLE LIMIT E. loot -�:•� ) $ 1,000,000 B X X BAA GIBER C: /,a c �I L. INJURY (Per arson) p $ ANY AUTO ALL OWNED - SCHEDULED _j��� BODILY INJURY (Per aczidenl) $ A AUTOS AUTOS NON -OWNED qq''�� I� �$EI�p„w11 L ONLY (Perraccident) $ H HIRED AUTOS _AUTOS J I( VI VVV ham. $ X UMBRELLAIJAB X EACH OCCURRENCE $ 3,000,000 - EXCESSLIAB OCCUR ZUP-81M37890.15-NF 08/01/2015 08/01/2016 AGGREGATE $ 3,000,000 C DED RETENTON$ CLAIMS -MADE $ WORKERS COMPENSATION X STATUTE FOR TH_ AND EMPLOYERS' LIABILITY Y/ N X WSD500687204 • 10I01/2015 10/01/2016 E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory inaNnd If ITPTIOe under D Railroad Protective Liab. ---------.. BKW1656638227 08/11/2015 08/11/2016 Lirnit 1,000,000 _..._............. ❑ESCRIPT1ON OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) THE CERTIFICATE HOLDER IS ADDITIONAL NSURED WITH RESPECTS TO GENERAL LIABILITY PER ATTACHED -WC WAIVER APPLIES. RE: SUPPLY ALL LABOR AND MATERIALS NEEDED TO INSTALL AND REPAIR FENCES, SERVICES AGREEMENT AT NATIONAL CITY, CA CERTIFICATE HOLDER NATIONC CITY OF NATIONAL CITY ATTN: FINANCE DEPT./PURCHASING 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. • ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '"e woxett:n March 2, 2016 Ms. Loreina Aguirre South Bay Fence 3084 Main Street Chula Vista, CA 91911 Dear Ms. Aguirre, 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 On January 4th, 2016, an Agreement was entered into between the City of National City and South Bay Fence, Inc. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering/Public Works