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HomeMy WebLinkAbout2017 CON Metro Fire and Safety - Fire Extinguisher Service - 1stt AmendmentFIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND METRO FIRE & SAFETY, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 30th day of October, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and METRO FIRE & SAFETY, INC. a California corporation (the "CONTRACTOR"). RECITALS WHEREAS, The CITY and the CONTRACTOR entered into an Agreement on July 1, 2017 ("the Agreement"), wherein the CONTRACTOR agreed to provide City-wide, on -site fire extinguisher system certification, services, maintenance, fire sprinkler certification, and repairs as needed and as directed by the Facilities Maintenance Supervisor currently Arturo Gonzalez, for a not -to -exceed amount of $5,000; and WHEREAS, the parties desire to amend the Agreement to increase the not -to -exceed amount by $45,000, for a total not -to -exceed amount of $50,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2017, shall be amended to increase the not -to -exceed amount by $45,000, for a total not -to - exceed amount of $50,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney By: oberto M. Contreras Deputy City Attorney METRO FIRE & SAFETY, INC., a California corporation Jan cCormack, President By: J ,, Name, Title METRFIR-02 AC'®r CP CERTIFICATE OF LIABILITY INSURANCE [-THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ^,ERTIFICATE 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. SADPATRATHREE DATE (MM/DD/YYYY) 10/17/2017 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 NFP Property & Casualty Services, Inc. 6165 Greenwich Drive Suite 200 San Diego, CA 92122 INSURED Metro Fire & Safety, Inc. 2733 Via Orange Way, Suite 103 Spring Valley, CA 91978 CONTACT NAME: PHONE (A/c, No, Ext): (858) 869-8300 E-MAIL ADDRESS: FAX (A/C, No):(858) 869-8301 INSURER(_S) AFFORDING COVERAGE INSURER A : NevlgatOrs Specialty Ins Co INSURER B : NAIC # 36056 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMLDD/YYYY) POLICY EXP (faMLD1)4'YYY► LIMITS X COMMERCIAL GENERAL LIABILITY SFI7CGL200863IC 10/11/2017 10/11/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X PREM SES Ea occu ence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L I AGGREGATE POLICY OTHER: LIMIT APPLIES PX JE� PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY SCHEDULED AUTOS NON -OWNED AUTOS ONLY . COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ U UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N I A PER STATUTE ' OTH- i ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of National City, its elected officials, officers, agents and employees are named as Additional Insured applies per the attached forms CG2038 04 13 and CG2037 04 13 in regards to General Liability. 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Togo are registered marks of ACORD Policy Number: SF17CGL200863IC COMMERCIAL GENERAL LIABILITY CG20380413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. include as an additional insured: 1 Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment 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 CG20380413 © Insurance Services Office, Inc., 2012 Page 1 of 2 b. 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. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 38 0413 POLICY NUMBER: SFI7CGL2008631C COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization for whom you are performing "commerical construction" during the period of this policy and have agreed in a written contract to add as an additional insured for products -completed operations. "Commercial Construction" does not include any habitational or residential construction other than hotels or apartments. Location And Description Of Completed Operations 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20370413 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: SF96CGL200863IC COMMERCIAL GENERAL LIABILITY NPC719 0811 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL. GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects Overall General Aggregate Cap: $5,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Subject to the application of the General Aggregate Limit to each of your projects, the maximum amount we will pay under the General Aggre- gate Limit for all claims arising from all projects is the Overall General Aggregate Cap shown in the Schedule above. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE C regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits„. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. NPC 711 0811 Page 1 of 2 Policy Number: SF16CGL200863IC B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 NPC 711 0811 CERTIFICATE OF LIABILITY INSURANCE Mt I l-(V-b OP ID: VP DATE (MM/DD/YYYY) 06/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS (JPON 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 RFPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. RTANT: 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 Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 CONTACT NAME: Rancho Mesa Insurance Services PHONE 619-937-0164 (A/C, No, Ext): E-MAIL ADDRESS: FAX N9): 619-937-0168 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Comp West Insurance INSURED Metro Fire & Safety, Inc. 2733 Via Orange Way, Ste. 103 Spring Valley, CA 91978 INSURER B 12177 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NU 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. 1NSR I jA6DL TYPE OF INSURANCE INSD SUER yWVD ] POLICY NUMBER POLICY EFF (MM/DD/YYYY_I POLICY EXP (MM/DD/YYYY) '- LIMITS I, COMMERCIAL GENERAL LIABILITY j OCCUR I EACH OCCURRENCE I $ CLAIMS -MADE I I ' PREMISES (�Ncur ence) ; $ j MED EXP (Any one person) 1 $ t I— GEN'L PERSONAL & ADV INJURY ' $ AGGREGATE LIMIT APPLIES PER: j POLICY 1 E � L-j LOC j OTHER GENERAL AGGREGATE $ j7-1 4 PRODUCTS - COMP/OP AGG $ $ • AUTOMOBILE — j LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT ___(Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accide)) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ E I AGGREGATE $ DED J RETENTION $ $ ,ANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under Y / N N / A X WCV 5501527 07/01/2017 07/01/2018 PER X I STATUTE ! ER E.L. EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYER $ 1,000,000 E L. DISEASE - POLICY LIMIT $ 1,000,000 I i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. CANCELLATION CITYNAI CITY OF NATIONAL CITY c/o RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 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 ACORD 25 (2014/01) Q 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LABILITY INSURANCE POLICY WC Mt 03 13 C. (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALr :{ 3 :tfi:'1 We have the right to recover our payments from anyone liable for an injury covered by this psolic F. We ,will not enforce our right against the person or organization named in the Schedule. (This a;grr eme t c ,-,;.)lies 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 $ 500 Schedule Any person or organization that you perform work for that is liable for an injury;, covered by 1,his policy, .that prior to the injury has written contract requiring a waiver of our right to recover from; them. Person or Organization Job Description Blanket Waiver of Subrogation as required by Written Contract This endorsement changes the policy to which it is attached and is {effective on the date issued unless othc”wise stated. . (The information below is required only when this endorsement is issued subsequent to preparation o. ► ollicy.) Endorsement Effective 7/1/17 Policy No. WCV 5501527 Endorsement No. insured Metro Fire & Safety, Inc. Insurance Company Cornptifest Insurance Co. Cotrntersianed by. ___._.__..._..__..__._._._......__._..._..__._.___.._ _.. WC 99 03 13 C (Ed. 7-09) AIS INS SPECIALISTS PO BOX 6507 ARTESIA, CA 90702 1-800-493-7879 Certificate of Insurance Certificate Holder PROCRESJIVEMMERC/AL CC Policy number: 05371216-9 Underwritten by: United Financial Cas Co November 29, 2017 Page 1 of 2 Additional Insured CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Insured Agent METRO FIRE AND SAFETY INC 2733 VIA ORANGEWY 103 SPRING VALLEY, CA 91978 AIS INS SPECIALISTS PO BOX 6507 ARTESIA, CA 90702 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Oct 10, 2017 Insurance coverage(s) Policy Expiration Date: Apr 10, 2018 Limits Bodily Injury/Property Damage $2,000,000 Combined Single Limit Uninsured/Underinsured Motorist $2,000,000 Combined Single Limit Employer's Non -Owned Auto BIPD $2,000,000 Combined Single Limit Hired Auto Bodily Injury/Property Damage $2,000,000 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only 1999 CHEVROLET EXPRESS G2500 1 GCFG25W5X1151063 Uninsured Motorist Property Damage $3,500 Continued Policy number: 05371216-9 Page 2 of 2 Certificate number 33317A11216 Please be advised that additional insureds and Toss payees will be notified in the event of a mid-term cancellation. ii-=-9r- Form 5241 (10/02) CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk December 7, 2017 Ms. Janet McCormack Metro Fire & Safety, Inc. 2733 Via Orange Way #103 Spring Valley, CA 91978 Dear Ms. McCormack, On October 30th, 2017, a First Amendment to an Agreement was entered into between the City of National City and Metro Fire & Safety, Inc. We are enclosing for your records a fully executed original First Amendment to the Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure