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HomeMy WebLinkAbout2016 CON Tinosa - Breathing Air Compressor Maintenance ServicesSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TINOSA, INC. THIS AGREEMENT is entered into this 1st day of April, 2016 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TINOSA, INC., 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 provide maintenance on one MAKO BAM06H Breathing Air Compressor including air analysis, replacement of filters and tests to ensure its working condition as outlined in attached proposal, Exhibit "A" and as directed by Mark Beveridge, the City of National City Fire Battalion Chief. 2. Length of Agreement. The duration of this Agreement is for the period of April 1, 2016 through March 31, 2017. If agreeable by both parties at the time of expiration, the agreement may be renewed for three (3) additional one year periods, but may not exceed $5,000.00 in any given one year period. The renewal agreement must be in writing and updated proof of insurance must be submitted. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein shall not exceed an annual cost of $5,000.00. The compensation for CONTRACTOR'S work shall be based upon and not exceed the rates, including the labor rates, given in Exhibit "A" 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 Fire Department 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. 2016 Agreement 2 City of National City and Tinosa 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. 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. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. 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. 2016 Agreement 3 City of National City and Tinosa 1N WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager ROVED TO M: Cl.4i', . Gacitu., Silv City Attorney CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336-4566 Fax: (619)336-4328 Contact: Frank Parra Title: Director Dept.: Fire Department Email: fparra@nationalcityca.gov TINOSA (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) By: (Ala e) (Print) J re dekt-t- gei tol$/yer- (Title) TINOSA 6151 Progressive Avenue, Suite 300 San Diego, Ca.92154 Phone: (619) 690-7440 Fax: (619) 690-7448 Contact: Tim Kiley Title: Operations Manager Email: tim@tinosallc.com Taxpayer I.D. No.: 2016 Agreement 4 City of National City and Tinosa T1 NOSA 6151 Progressive Ave., Ste. 300 San Diego, CA 92154 (619) 690-7440, FAX (619) 690-7488, www.tinosallc.com A State of California Small Business November 19, 2015 National City Fire Department Attn: Mike Christiansen Quote No. T15897 You requested a price quote to perform yearly maintenance on one MAKO BAM06H Breathing Air Compressor. Pricing is as follows (Labor Rate = $ 125.00/Hr): We propose to provide / perform the following: 1. Provide Breathing Air Compressor Air Analysis, 3rd Part Certification, Provide Documentation Quarterly ((4) times per year) Flat Rate — (4) x $ 250.00 ea 2. Replace Purification System Filter, Air Intake Filter, Oil Filter and Compressor Oil, Check V-belt Condition and Tension, Test Operate Automatic Condensate Drain System, Test Operate Compressor, check for Teaks, check Relief Valve settings, ((1) time per year (3rd visit)) $ 1,000.00 Material $ 327.00 Labor — (4) Hr $ 500.00 Quote Total $ 1,827.00 Exhibit "A" ACORIY CERTIFICATE OF LIABILITY INSURANCE `..� DATE (MM/DDYYYY) 02/17/2016 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(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 Phone: (619) 937-4000 Fax: (619) 937-4001 ENCIRCLE INSURANCE SERVICES, INC. DBA: ISU INSURANCE SERVICES 1010 PIONEER WAY EL CAJON CA 92020-1923 Agency Lic#: OB27816 CONTACT Olivia Rodriguez PHONE FAX (NC, No. Ext): (619) 937-4000 (A/C Noy (619) 937-4001 E-MAIL Olivia@isuencircle.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA : BURLINGTON INSURANCE COMPANY 23620 INSURED TINOSA, INC. 6151 PROGRESSIVE DR # 300 SAN DIEGO CA 92154 INSURERS : INTEGON NATIONAL INSURANCE CO. 29742 INSURERC : OAK RIVER INSURANCE COMPANY 34630 INSURER D: INSURER E : INSURER F : • 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 ADD'L INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR 905BW34134 12/31/15 12/31/16 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurence) $ 300 000 CLAIMS -MADE X MED. EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT PRO - APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X LOC $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 12000481 10/07/15 10/07/16 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED (RETENTION $ $ C' ANDKEMPLOYERSENLAIATIBONTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N /A TIWC501214 11/08/15 11/08/16 X T/ORYTLMTS EROTH $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED ONLY AS THEIR INTERESTS MAY APPEAR. WAIVER OF SUBROGATION HAS BEEN ORDERED AND WILL BE ISSUED BY THE INSURANCE CARRIER DIRECTLY ***30 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM CANCELLATION NATIONAL CITY PURCHASING DEPARTMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Attention: FINANCE DEPT., PURCHASING DIVISION 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 i / Paul M. Caccamise ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 905BW34134 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 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 Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement. Location(s) Of Covered Operations All operations of the Named Insureds. Information required to complete this 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 organization(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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG20100704 © ISO Properties, Inc., 2004 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 02 C (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the applicable manual premium otherwise due on such remuneration subject to a policy maximum charge for all such waivers of 5% of total manual premium. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Specific Waiver Person/Organization: )ob Description: Waiver Premium: Class State 3501 CA 350.00 Schedule The City of National City, its elected officials, agents and employees Maintenance, Repairs, Calibration Testing, Cleaning of Compressors Payroll Subject to Waiver i This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 02/02/2016 Insured: TINOSA, INC. Insurance Company: Oak River Insurance Company WC 99 04 02C (Ed. 9-14) Policy No.: TIWC501214 Countersigned by Endorsement No.: Premium $ 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 April 5, 2016 Mr. Tim Kiley Tinosa, Inc. 6151 Progressive Avenue, Suite 300 San Diego, CA 92154 Dear Mr. Kiley, On April 1st, 2016, an Agreement was entered into between the City of National City and Tinosa, Inc. We are enclosing for your records a fully executed original Agreement. Sincerely, :gt.t,Z‘j Michael R. Dalla, CMC City Clerk Enclosure