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HomeMy WebLinkAbout2016 CON Judd Electric - Electrical ServicesSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JUDD ELECTRIC THIS AGREEMENT is entered into this 23 day of February, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JUDD ELECTRIC, a (the "CONSULTANT"). 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 electrical services, repairs and remodels as needed for the remaining fiscal year ending June 30, 2016, and as directed by Arturo Gonzalez, the City's Acting Facilities Supervisor. 2. Length of Agreement. The schedule is set forth below: 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 a one-time cost of $5000 or an annual total cost of $5000. 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. E 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 CON TRACTOR 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 Public Works 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. 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. Revised August 2014 2 10. Business License. CON TRACTOR 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. 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 By: Leslie Deese, City Manager APPROVED AS TO FORM: By. -., Cl:. dia Gacitua Silva ity Attorney JUDD ELECTRIC (Corporation — signatures of two corporate officers required) (Partnership — one signature) (Sole proprietorship — one signature) By By: (N' e) NA_ (S-. (Print) cDW1 ar (Title) CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619)336-4585 Fax: (619)336-4397 Contact: Arturo Gonzalez Title: Facilities Supervisor Dep.: Public Works Email: arturog@nationalcityca.gov (Name) (P mt) (Title) JUDD ELECTRIC PO Box 120327 Chula Vista, CA 91912 Phone: 619-730-6812 Fax: n/a Contact: Sam E. Judd Jr. Title: Owner Email: skipjudd@gmail.com Taxpayer I.D. No.: 467724301 Revised August 2014 4 Wednesday, August 12, 2015 TO: Whom it may concern RE: Judd Electric Labor Rates Below are our labor rates and when we charge overtime. Monday thru Friday 7am to 3:30pm Weekends and after 3:30pm $75.00lhr $112.50/hr Any time after 12 hours of work in one day will be charged at $150.00/hr and will continue until the job is complete or eight hours rest period has occurred. Sincerely, PO Box 120327, Chula Vista, CA 91912 Tel (619) 730-6812 email skipjudd@gmail.com ‘t Legal Name Registration Number County City Registration Date Expiration Date S JUDD ELECTRIC 1000006133 SAN DIEGO SANTEE 06/16/2015 06/30/2016 AC-C> R U' CERTIFICATE OF LIABILITY INSURANCE JUDDE-1 OP ID: JEN I DATE (MM/DD/YVYY) 04/08/2016 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 Rock 10 Insurance Services P.O. Box 15608 San Diego, CA 92175 Antonio Guadarrama INSURED Judd Electric Samuel Judd 523 Tamarack Court Chula Vista, CA 91911 COVERAGES NANT EACT Antonio Guadarrama PHONE 866-376-2510 INC. No. Ext1: I lac, No): 866-376-2511 ADDRESS: antonio@rock1Oinsurance.com INSURER(S) AFFORDING COVERAGE INSURER A AmTrust International Und NAIC rf INSURER B : INSURER C: INSURER D: INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: 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 REOUIREMENT, 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 SUBR LTR W V D A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GE N'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC AUT OTHER. ADDL INSD POLICY NUMBER XN104704901 POLICY EFF (MM/DDIYYYY) 04/01/2016 POLICY EXP (MM/DD/YYYY) 04/01 /2017 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,000 $ 100,000 $ 5,000 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) OCCUR CLAIMS -MADE DED RETENTON$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBEREXCLUDED? (Mandatory in NH) 11 yes, describe under DESCRIPTION OF OPERATIONS below EACH OCCURRENCE AGGREGATE N/A 1 PER STATUTE ( FOR H E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD t01, Additional Remarks Schedule, may be attached B more space is required) Re: Various locations throughout the State of California. Certificate holder is included as Additional Insured under Commercial GL policy per attached endorsement (NX GL 189 05 11), subject to written contract between Named Insured and Additional Insured. GL coverage is primary & non-contributory. GL Waiver of Subrogation applies. CERTIFICATE HOLDER CITYNAC City of National City 1243 National City Blvd National City, CA 91950 CANCELLATION 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 gagete ACORD 25 (2014/01) 01988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PDLICY NUMBER: XN104704901 COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: XN104704901 Endorsement Effective: 04/01/16 12:01 a.m. Named Insured: SAMUEL EDGAR JUDD JUDD ELECTRIC Counter Signed By: SCHEDULE aligiv Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or Agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than services, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. NX GL 189 05 11 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. D. The following are added to SECTION V — DEFINITIONS: "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. E. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wordinq With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you underwritten contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "you work" done under a contract with that person or organization. NX GL 189 05 11 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission Rock 10 Insurance Services P.O. Box 15608 San Diego, CA 92175 (866)376-2510 FAX From: Jenn Hewett Return Fax: (866)376-2511 Attention To: City of National City Regarding: Certificate for Judd Electric Please see the attached certificate for our insured, as requested. Thank you. CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Sam E Judd Jr, Judd Electric Address of policyholder 523 Tamarack Ct chula vista ca 91911 Location of operations All Operations Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) This insurance includes: Comprehensive Liability Products - Completed Operations Contractual Liability Underground Hazard Coverage Personal Injury Advertising Injury Explosion Hazard Coverage Collapse Hazard Coverage BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ General Aggregate $ Products — Completed $ Operations Aggregate EXCESS LIABILITY POLICY PERIOD Effective Date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate $ ■ • Umbrella Other Workers' Compensation and Employers Liability Part 1 STATUTORY Part 2 BODILY INJURY Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 339 5930 b09 55 2001 Chev Van 02092016 08092016 1 million ACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder Name and Address of Certificate Holder Additional Insured "The City of National City, its elected officials, officers, agents and employees". NATIONAL CITY PURCHASING DEPARTMENT 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 ATTN: FINANCE DEPT., PURCHASING DIVISION da suc Sta before ca notice, no obl abilit will e Farm or its ag press nt. ellation. If ation ., li nt rre we fail to mail e imposed on Signatu Agent Title Agent's Code Stamp 3/04/2016 Date AFO Code f 410 558-994 a.4 11-12-2002 Printed in U.S.A. '44OkAT(I) A V June 6, 2016 Mr. Sam Judd, Jr. Judd Electric P.O. Box 120327 Chula Vista, CA 91912 Dear Mr. Judd, CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk On February 23ra, 2016, an Agreement was entered into between the City of National City and Judd Electric. We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure