Resolution No. 2010-057RESOLUTION NO. 2010-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZINGTHE EXECUTION OF A
RENTAL AND MAINTENANCE AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND UNITED SITE ,SERVICES, INC. FOR
FENCING
WHEREAS, the City of Vernon ("City") requires the services
of an independent contractor for rental and maintenance services for
fencing (the "Work").at 5119 and 5201 District Boulevard; and
WHEREAS, United Site Services, Inc, ("United") is qualified
and capable of furnishing the labor, materials and expertise necessary
to perform the Work; and
WHEREAS, by a memorandum dated May 5, 2010, the Director of
Business Services has recommended that the City enter into a rental
and maintenance agreement with United setting forth the terms and
conditions under which United will perform the Work (the "Agreement");
and
WHEREAS, the City Council of the City of Vernon has
determined that,.pursuant to the provisions of subsection (b)(1) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into the Agreement with United for fencing
services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of'the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with United, a copy of which is attached hereto
as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4 The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of _
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby directs
the City Clerk, or the City Clerk's designee, to send a fully executed
Agreement to:
United Site Services, Inc.
Attention: Jacob Sanchez
4511 N. Rowland Avenue
El Monte, CA 91731
SECTION 6: The City Clerk of the City of Vernon shall certify to
the passage, approval and adoption of this resolution, and the City
Clerk of the City of Vernon shall cause this resolution and the City
Clerk's,certification to be entered in the File of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 17th day of May, 2010.
Name: Hilario Gonzales
Title: Mayor / '�Mj or Pro- e�n�
ATT T
llard G. '"YjKma&LUc i, City Clerk
-2-
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010-57, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, May 17, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this _ F day of May, 2010, at Vernon, California.
(SEAL)
/ 1
�4zz 5�� -
Wi lard G. a*gioi, City Clerk
-3
EXHIBIT A
r
AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED SITE SERVICES,
INC. FOR RENTAL, AND MAINTENANCE OF FENCING
COVER PAGE
Contractor: United Site Services, Inc.
Responsible Principal of Contractor: Jacob Sanchez
Notice Information - Contractor: United Site Services, Inc.
Southern California Division
4511 N. Rowland Avenue
El Monte, California 91731
Attention: Jacob Sanchez
Phone: (626) 523-9851
Facsimile: (626) 454-5916
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Donal O'Callaghan
City Administrator
Telephone: (323) 583-8811 ext. 561
Facsimile: (323) 826.1408
Commencement Date: December 19, 2009
Termination Date: December 28, 2010, unless extended
pursuant to Section 1
Consideration: Total not to exceed $5,663.88 (includes all
applicable sales tax) plus necessary
maintenance costs, not to exceed $4,000,
as more particularly described in Exhibit B
Records Retention Period 3 years
12720 -0001 \ 118857 7t,2
AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED
SITE SERVICES, INC. FOR RENTAL. AND MAINTENANCE OF
FENCING
THIS AGREEMENT is made and entered into as of , 2010 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and United Site Services, Inc., a Massachusetts corporation ("Contractor").
City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to rent fencing and have fencing maintenance services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
B. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion. Any services performed
prior to the Effective Date listed above shall for all purposes be deemed to have been performed
pursuant to this Agreement, subject to the terms and conditions hereof.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar circumstances and in a manner reasonably satisfactory to
City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
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12720-0002\ i 206184 v r . doc
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this paragraph.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax,.assembly, and installation, as applicable).
(b) Except as specifically described In Exhibit B, there shall be no claims for
additional compensation for reimbursable expenses and Contractor shall not be reimbursed for
any additional expenses.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the method and schedule of payment set forth in Exhibit E3.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City's Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6, Personnel.
(a) All persons performing the services under this Agreement shall have all
the necessary technical expertise, permits, professional licenses, certificates, training, and other
qualifications required by this Agreement or other applicable laws. Contractor shall provide City
with said permits, licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense,, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of.the Services
12720-0002\1 206184v 1,doc
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations,
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10. Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner,
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided In the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) Actions Subsequent to Termination, in the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
12720-000211206184Y Moo
(c) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liabili!Y. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, floor plans,
designs, maps, surveys, drawings, models, reports, logs, documents, materials or other
information developed or created by Contractor, received by Contractor, or provided to
Contractor for the performance of this Agreement ("Confidential Information") are deemed
confidential and shall not be disclosed by Contractor to any third party without City's prior written
consent. City shall grant consent if disclosure is legally required. All Confidential Information
shall be returned to City upon the termination of this Agreement. Contractor's covenant under
this section shall survive the termination of this Agreement. City may disclose_ to third parties
any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
i. was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
this Agreement; ii. is or becomes generally known to the public without violation of
iii. is obtained without an obligation of confidentiality by the
Contractor In good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which Is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 15. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor Is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
5
12720-0002\1206184vl.doc
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 16. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 17. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor in performing the services required by this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation as required by law.
(d) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(e) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees that if it does not keep the aforesaid Insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary Insurance and pay, at
Contractor's expense, the premium thereon.
(g) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Contractor shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates. The policies of insurance_ required by this
Agreement shall contain an endorsement naming the City as additional insured. All of the
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12720.0002\1 2061 &4vl.doc
policies required under this Agreement shall contain an endorsement providing that the policies
cannot be canceled or reduced except on thirty (30) days prior written notice to City, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the
terms and conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with It. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor- hereby waives all rights of subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 18. Assignment and Subcontracting, Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this.section is invalid and void.
Section 19. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
Section 20. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 21. Governing Law,
This Agreement shall be interpreted and enforced
according to, and the Parties rights and.obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 22, Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire agreement and
understanding between City, and any negotiation, proposals or oral agreements are intended to
be integrated herein and to be superseded by this Agreement. This Agreement may only be
modified by a writing signed by both Parties.
Section 23. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
7
12720-000211206184v 1.doc
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 24. Force Majeure. Neither party shall be considered in default of any of Its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such Inability with all reasonable
dispatch.
Section 25. City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 26. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 27. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits In this Agreement are hereby incorporated In this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 28. Headings. Headings used in this Agreement are for convenience of
reference only and shall not affect the interpretation of the Agreement.
Section 29. - Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 30. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent Jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 31, Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
8
12720-000211206184v 1.doc
[Signatures Begin on Next Page].
12720-0002\1 2061 84vl.doc
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
0
Mayor I Mayor Pro-Tem
ATTEST:'
WILLARD YAMAGUCHI, City Clerk
APPROVED AS TO FORM:
LAURENCE S. WIENER, City Attorney
United Site Services, Inc., a Massachusetts
corporation
By:
Name:
Title:
By:
Nam
Title:
10
12720-00021120 G 184 0 .doc
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following work pursuant to this Agreement:
1. Contractor shall supply 1890 linear feet of Panel Fencing (each panel is
approximately 6' in height and 10' in length) surrounding the perimeter of City property located
at 5119 District Boulevard, Vernon, California 90058. Under this Agreement, Contractor agrees
to supply fencing at this location for the period of December 28, 2009 through December 28,
2010. Unless the Parties extend this Agreement by executing a written modification signed by
both Parties, Contractor shall remove the fencing from this location on December 28, 2010 at
Contractor's expense and restore the property to original condition at no extra charge.
2. Contractor shall supply 574 linear feet of Panel Fencing (each panel is
approximately 6' in height and 12' In length) and 750 linear feet of 6 ft Chain Link Fencing
surrounding the perimeter of City property located at 5201 District Boulevard, Vernon, California
90058 for the period December 19, 2009 through December 19, 2010, Unless the Parties
extend this Agreement by executing a written modification signed by both Parties, Contractor
shall remove the fencing from this location on December 19, 2010 at Contractor's expense and
restore the property to original condition at no extra charge.
3. Pursuant to a written request by City, Contractor shall repair the fencing supplied
pursuant to this Agreement in accordance with the rates set forth in Exhibit B.
The City shall:
Inspect the equipment upon delivery to ensure that it is in good condition;
2. Use the equipment only for the purpose for which it was intended;
3. Make no permanent alterations or attachments to the equipment;
4. Give Contractor access to the equipment over suitable pavement or other driving
surface and make the equipment available for maintenance at ground level;
5. Notify Contractor if City becomes aware that the equipment is unsafe or in
disrepair;
6. Not permit the equipment to become subject to any lien, charge or encumbrance.
1>
12720-0002\1206184vl,doc
EXHIBIT B
FLAT FEE
Contractor shall be paid $3,102.44 to perform all Services related to the property at 5119 District
Boulevard and $2,561.44 to perform all Services related to the property at 5201 District
Boulevard, as described in Exhibit A, except for maintenance and repairs pursuant to specific
written requests by City. Contractor shall Invoice City annually for Services provided under this
Agreement and upon completion of maintenance and repair work.
Invoices shall include the period for which the Services will be provided, the dates of such
Services, and a description of the Services provided for that billing period. Payments of each
invoice shall be made by City within thirty (30) days following receipt of the invoice as to all non -
disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor
within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be
withheld until resolution.
If the City requests that Contractor perform maintenance or repairs, Contractor shall be
compensated $125 per trip request. In addition, the City shall pay the cost of all necessary
materials in accordance with the following price schedule;
1. 6 ft. Chain link Fence $ 3.25 per foot
2. 6 x 10 Panel Fencing $ 175.00 per panel
3. T-Stands $ 55.00 per T-stand
Contractor acknowledges that the City is not liable for either the 16 Panels and 2 T-stands that
are presently damaged or the 4 T-stands that are currently missing at the 5201 District
Boulevard property. Contractor will repair the fencing to replace such parts at its own expense.
12
12720-0002\120618 4vl.doc
F�
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
May 18, 2010
United Site Services, Inc.
Attn: Jacob Sanchez
4511 N. Rowland Avenue
El Monte, CA 91731
RE: Agreement for Rental and Maintenance
Dear Mr. Sanchez:
The insurance requirements have been met. Transmitted herewith is a fully executed agreement
as referenced above, approved by City Council on May 17, 2010, through Resolution No. 2010-
57.
If you have any questions regarding this matter, please call Ms. Martha Valenzuela at 323/583-
8811 ext. 226.
Thank you.
Sin rely,
WILLARD G. Y M G C I
City Clerk
WY:dj
Enclosure
c: Martha Valenzuela
S. Kevin Wilson
Purchasing Department
Resolution No. 2010-57
Agreement File No. 10-029
Exclusively Industrial
a
AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED SITE SERVICES,
INC. FOR RENTAL. AND MAINTENANCE OF FENCING
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
12720-0001 \ 11885771,2
COVER PAGE
United Site Services, Inc.
Jacob Sanchez
United Site Services, Inc.
Southern California Division
4611 N. Rowland Avenue
El Monte, California 91731
Attention: Jacob Sanchez
Phone: (626) 523-9851
Facsimile: (626) 454-5916
City of Vemon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Donal O'Callaghan
City Administrator
Telephone: (323) 583-8811 ext. 561
Facsimile: (323) 826.1408
December 19, 2009
December 28, 2010, unless extended
pursuant to Section 1
Total not to exceed $5,663.88 (includes all
applicable sales tax) plus necessary
maintenance costs, not to exceed $4,000,
as more particularly described in Exhibit B
3 years
AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED
SITE SERVICES, INC. FOR RENTAL AND MAINTENANCE OF
FENCING
THIS AGREEMENT is made and entered into as of , 2010 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and United Site Services, Inc., a Massachusetts corporation ("Contractor").
City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to rent fencing and have fencing maintenance services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
S. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion. Any services performed
prior to the Effective Date listed above shall for all purposes be deemed to have been performed
pursuant to this Agreement, subject to the terms and conditions hereof.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar circumstances and in a manner reasonably satisfactory to
City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
2
12720-000211206184 v l . doc
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this paragraph.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) Except as specifically described in Exhibit 8, there shall be no claims for
additional compensation for reimbursable expenses and Contractor shall not be reimbursed for
any additional expenses.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the method and schedule of payment set forth in Exhibit S.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City`s Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. " Personnel.
(a) All persons performing the services under this Agreement shall have all
the necessary technical expertise, permits, professional licenses, certificates, training, and other
qualifications required by this Agreement or other applicable laws. Contractor shall provide City
with said permits, licenses, and certificates at the request of City.
(b) Contractor represents that it has, or shall secure at its own expense,, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
3
12120-0002\ 120G184v l .dw
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations,
Contractor represents, covenants and agrees as follows:
(a) There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10, Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner,
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided In the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) Actions Subsequent to Termination. In the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined In Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
4
12720-000211206184v [.doe
(c) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liability. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description.
Section 13. Confidential Status; Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, floor plans,
designs, maps, surveys, drawings, models, reports, logs, documents, materials or other
information developed or created by Contractor, received by Contractor, or provided to
Contractor for the performance of this Agreement ("Confidential Information") are deemed
confidential and shall not be disclosed by Contractor to any third party without City's prior written
consent. City shall grant consent if disclosure is legally required. All Confidential Information
shall be returned to City upon the termination of this Agreement. Contractor's covenant under
this section shall survive the termination of this Agreement. City may disclose to third parties
any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that.
L was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
iii. is obtained without an obligation of confidentiality by the
Contractor In good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which Is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 15. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
S
12720-OW21I206I 84v Ldoc
any work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor.
Section 16. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City, its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 17. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor in performing the services required by this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation as required by law.
(d) Contractor shall require each of Its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(e) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(g) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Contractor shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates. The policies of insurance required by this
Agreement shall contain an endorsement naming the City as additional insured, All of the
6
12720.000211206184vl.doc
policies required under this Agreement shall contain an endorsement providing that the policies
cannot be canceled or reduced except on thirty (30) days prior written notice to City, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the
terms and conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor- hereby waives all rights of subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section 18. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void.
Section 19. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be In writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties, Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County,
Section 20. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 21, Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and. obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 22, Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire agreement and
understanding between City, and any negotiation, proposals or oral agreements are intended to
be integrated herein and to be superseded by this Agreement. This Agreement may only,be
modified by a writing signed by both Parties.
Section 23. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
fd
12720-0002\1206184v 1.doc
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 24. Force Majeure. Neither party shall be considered in default of any of Its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulation, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. Either
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such Inability with all reasonable
dispatch.
Section 25, City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 26. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 27. Cover Pape and Exhibits. The Cover Page and all documents referenced
as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 28. Headings. Headings used in this Agreement are for convenience of
reference only and shall not affect the interpretation of the Agreement.
Section 29. . Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 30. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 31. Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
E:3
12720-000211206184vLdoc
[Signatures Begin an Next Page],
12720-0002\1 206184v 1.clot
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City United Site Services, Inc., a Massachusetts
and California municipal corporation corporation
By: � �- BY: --
Mayor 1 Mayor Pro Urn Name: co 13
Title: /4(-c.0VK
ATT ST:'
WILLARD YAMA I, City Irk
APPROVED AS TO FORM:
lit...
LAURENCE S. WIENER, City Attorney
12720-0002\1206184v l .doc
By: /f/ 4!
Name: l+�� ` 13l� �„�►�
Title: bivjj ! `rtJ A/LA,
10
EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following work pursuant to this Agreement:
1. Contractor shall supply 1890 linear feet of Panel Fencing (each panel is
approximately 6' in height and 10' In length) surrounding the perimeter of City property located
at 5119 District Boulevard, Vernon, California 90058. Under this Agreement, Contractor agrees
to supply fencing at this location for the period of December 28, 2009 through December 28,
2010. Unless the Parties extend this Agreement by executing a written modification signed by
both Parties, Contractor shall remove the fencing from this location on December 28, 2010 at
Contractor's expense and restore the property to original condition at no extra charge.
2. Contractor shall supply 574 linear feet of Panel Fencing (each panel is
approximately 6' in height and 12' In length) and 750 linear feet of 6 ft Chain Link Fencing
surrounding the perimeter of City property located at 5201 District Boulevard, Vernon, California
90058 for the period December 19, 2009 through December 19, 2010, Unless the Parties
extend this Agreement by executing a written modification signed by both Parties, Contractor
shall remove the fencing from this location on December 19, 2010 at Contractor's expense and
restore the property to original condition at no extra charge.
3. Pursuant to a written request by City, Contractor shall repair the fencing supplied
pursuant to this Agreement in accordance with the rates set forth in Exhibit B.
The City shall:
1. Inspect the equipment upon delivery to ensure that it is in good condition;
2. Use the equipment only for the purpose for which it was intended;
3. Make no permanent alterations or attachments to the equipment;
4. Give Contractor access to the equipment over suitable pavement or other driving
surface and make the equipment available for maintenance at ground level;
5. Notify Contractor if City becomes aware that the equipment is unsafe or in
disrepair;
6. Not permit the equipment to become subject to any lien, charge or encumbrance.
12720-0002\1206184v 1,doc
EXHIBIT B
EXHIBIT B
FLAT FEE
Contractor shall be paid $3,102.44 to perform all Services related to the property at 5119 District
Boulevard and $2,561.44 to perform all Services related to the property at 5201 District
Boulevard, as described in Exhibit A, except for maintenance and repairs pursuant to specific
written requests by City. Contractor shall Invoice City annually for Services provided under this
Agreement and upon completion of maintenance and repair work.
invoices shall include the period for which the Services will be provided, the dates of such
Services, and a description of the Services provided for that billing period. Payments of each
invoice shall be made by City within thirty (30) days following receipt of the invoice as to all non -
disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor,
within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be
withheld until resolution.
If the City requests that Contractor perform maintenance or repairs, Contractor shall be
compensated $125 per trip request. In addition, the City shall pay the cost of all necessary
materials in accordance with the following price schedule:
1. 6 ft. Chain Link Fence $ 3.25 per foot
2. 6 x 10 Panel Fencing $ 175.00 per panel
3. T-Stands $ 55.00 per T-stand
Contractor acknowledges that the City is not liable for either the 16 Panels and 2 T-stands that
are presently damaged or the 4 T-stands that are currently missing at the 5201 District
Boulevard property. Contractor will repair the fencing to replace such parts at its own expense.
12
12720-00021120E 184v Ldoc
RECEIVED
MAY 12 2010
STAFF REPORT CITY CLERK'S OFFICE
PURCHASING DEPARTMENT
DATE: May 05, 2010
TO: Mayor and City Council
FROM: Martha Valenzuela, Director of Business Services/Personne V
RE: United Site Services, Inc. — Agreement for Rental and Maintenance
Purpose
The Purpose of this Staff report is to obtain permission from you and
the City Council to enter into a Rental and Maintenance Agreement
with United Site Services, Inc.
Background
United Site Services has provided rental fencing services at two
locations at the Thermador site (5119 District Boulevard and 5201
District Boulevar . The fenced areas are to prohibit pedestrians
entering the properties. The fence rental for both locations is being
handled by the City. The City's Attorney Office has prepared the
agreement.
The term for the rental services is December 19, 2009 thru December
28, 2010. Total cost is not to exceed $5,663.88 plus a not to exceed
$4,000 for maintenance costs if needed.
Recommendation
It is our recommendation to approve and execute to execute the
attached documents and grant authorization to issue a Purchase
Order to United Site Services. Purchasing is requesting that this
item be included on the agenda for the Council meeting scheduled
for May 17, 2010.
Fiscal Impact
The total fiscal impact is $9,663.88.
MAY 12 2010
MEMO
PURCHASING DEPARTMENT
DATE: May 5, 2010
TO: Donal O'Callaghan, City Administrator
FROM: Martha Valenzuela, Director of Business Services/Personnel
RE: United Site Services Fence Rental Agreement
The Community Services Department is requesting continuation of rental and.
maintenance services with United Site Services for fencing at the Thermador site. The
fences are located at 5119 District Boulevard and 5201 District Boulevard and are there
to prohibit pedestrians from entering the premises. The vendor provided new proposals
which contained Terms and Conditions and required accepting signatures. Purchasing
attempted to persuade the vendor to accept the purchase order only. United Site
Services advised that their proposals were required by their legal counsel for all
transactions. Other vendors were sought but their costs were too high.
Purchasing forwarded the proposals to the City-Attorney's Office and a new agreement
was drafted and has been approved as to form, by the City Attorney's office. The
vendor has consented to use the agreement in place of their proposal.
The service period is for December 19, 2009 thru December 28, 2010. The total yearly
cost for the two fenced areas is $5,663,88 plus a not to exceed $4,000.00 for
maintenance (if and when needed). Funding for this service was not specifically
budgeted for this fiscal year and therefore there is a fiscal impact.
Purchasing is requesting that you review this request, and if approved, please forward
to the City Clerk for submittal to the Mayor and City Council for approval and
authorization to have the attached Rental and Maintenance Agreement, executed and
signed by the appropriate City representative.
Attachments
CEIVED
MAY (. 6 �010
Page 1 of 2
Jaunzemis, Dolores
From:
Valenzuela, Martha
Sent:
Tuesday, May 11, 2010 3:48 PM
To:
Jaunzemis, Dolores
Subject:
FW: United Site Services, Inc.
Importance:
High
Attachments:
Staff Report - United Site Services, Inc..pdf
Dolores;
Did you handle this or Debby?
Martha S. Valenzuela
Director of Personnel
4305 Santa Fe Ave.
Vernon, CA 90058
323,583.8811 ext. 226
323,826,1472 direct line
323.826.1433 fax
mvalenzuela@ci.vernon.ca.us
From: Gena Stinnett[mailto:gstinnett@rwgiaw.com]
Sent: Tuesday, May 11, 2010 3:44 PM
To: Valenzuela, Martha
Cc: Diana H. Varat; Muro, Evangelina
Subject: FW: United Site Services, Inc.
Importance: High
Hi Martha:
I'm looking at the staff report on United Site Services. When the agreement was sent to United Site Services for
their signature, were the quotes attached?
If United Sites signed a version of the Agreement with the quotes attached, Ip ease notes them that the -quotes
should not have been attached. The terms and conditions are provided in the Agreement and its Exhibits A and B;
the proposal by United Site is not part of the agreement. I've asked Eva to remove the quotes from the agenda
packet.
Also, the staff report refers to a "Renewal for both locations...." Technically, the City is not "renewing" an
agreement to rent the fencing. Perhaps rephrase it as:
"The fence rental for both locations is being handled by the City. Previously, handled the fence rentals. The
City's Attorney's Office has prepared the agreement," [The second sentence can be deleted if the City
previously rented the fencing; otherwise, fill in the blank regarding who rented it originally.]
Please let me know if you have any questions or if I can be of any further assistance in this matter.
Best regards,
Gena M. Stinnett
5/11/2010
Page 2 of 2
Richards Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, CA 90071-3101
Voice: 213.253, 0240
Facsimile: 213.626.0078
-----Original Message----
From: Muro, Evangelina [mailto:emuro@ci.vernon.ca.us]
Sent: Tuesday, May 11, 2010 2:27 PM
To: Gena Stinnett
Cc: Laurence S. Wiener
Subject: United Site Services, Inc.
Gena,
Attached is the staff report for the matter listed above.
Quick question does this have to be approved by Council? If so I am not sure why since it is under the
$10,000.00 purchasing limit. Please advise.
Thanks.
Eva Muro
City Attorney Dept., City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Work. (323) 583-8811 x 273
Fax: (323) 826 -1438
NOTICE: This communication may contain privileged or other confidential information. If you are not
the intended recipient of this communication, or an employee or agent responsible for delivering this
communication to the intended recipient, please advise the sender by reply email and immediately delete
the message and any attachments without copying or disclosing the contents. Thank you.
5/11/2010
DATE:
TO:
FROM:
RE:
STAFF REPORT
PURCHASING DEPARTMENT
May 05, 2010
Mayor and City Council
RECEIVED
MAY 1 0 2010
CITY CLERK'S OFFICE
Martha Valenzuela, Director of Business Services/Personnel
United Site Services, Inc. Agreement for Rental and Maintenance
Purpose
The Purpose of this Staff report is to obtain permission from you and
the City Council to enter into a Rental and Maintenance Agreement
with United Site Services, Inc.
Background
United Site Services has provided rental fencing services at two
locations at the Thermador site (5119 District Boulevard and 5201
District Boulevard). The fenced areas are to prohibit pedestrians
entering the properties. Renewal for both locations is being handled
bythe City. The City's Legal Department has drafted an agreement.
The term for the rental services is December 19, 2009 thru December
28, 2010. Total cost is not to exceed $6,663.88 plus a not to exceed
$4,000 for maintenance costs if needed.
Recommendation
It is our recommendation to approve and execute to execute the
attached documents and grant authorization to issue a Purchase
Order to United Site Services. Purchasing is requesting that this
item be included on the agenda for the Council meeting scheduled
for May 17, 2010.
Fiscal Impact
There is a fiscal impact to the City. Funding for the requested
services was not specifically budgeted in this fiscal year's 2009-2010
budget.
,,Pk
MAY 0 6 Z010
BY; 0-4- io:oy
TO: Samuel Kevin Wilson, Director of Community Services
Dolores Jaunzemis, Purchasing Assistant
FROM: Diana H. Varat, Assistant City Attorney
cc: Laurence S. Wiener, City Attorney
Gena M. Stinnett, Assistant City Attorney
DATE: May 3, 2010
SUBJECT: Agreement with United Site Services, Inc. for Rental and Maintenance of Fencing
— Approved as to Form
The City Attorney's Office has reviewed the Agreement with United Site Services, Inc. for the
rental and maintenance of fencing at two City properties, and approved the agreement as to form.
12720-0002\1226325v1.doc
Y
AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED SITE SERVICES,
INC. FOR RENTAL. AND MAINTENANCE OF FENCING
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
127 20-0001 \ 1188 5771,2
COVER PAGE
United Site Services, Inc.
Jacob Sanchez
United Site Services, Inc.
Southern California Division
4511 N. Rowland Avenue
El Monte, California 91731
Attention: Jacob Sanchez
Phone: (626) 523-9851
Facsimile: (626) 454-5916
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Donal O'Callaghan
City Administrator
Telephone: (323) 683-8811 ext. 561
Facsimile: (323) 826-1408
December 19, 2009
December 28, 2010, unless extended
pursuant to Section 1
Total not to exceed $5,663.88 (includes all
applicable sales tax) plus necessary
maintenance costs, not to exceed $4,000,
as more particularly described in Exhibit B
3 years
AGREEMENT BETWEEN THE CITY OF VERNON AND UNITED
SITE SERVICES, INC. FOR RENTAL. AND MAINTENANCE OF
FENCING
THIS AGREEMENT is made and entered into as of , 2010 ("Effective
Date"), by and between the City of Vernon, a California charter City and California municipal
corporation ("City"), and United Site Services, Inc., a Massachusetts corporation ("Contractor").
City and Contractor are collectively referred to herein as the "Parties."
RECITALS
A. City desires to rent fencing and have fencing maintenance services provided as
more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit
A.
S. Contractor represents it is qualified and capable of furnishing the labor, materials,
and expertise necessary to perform such services in accordance with the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
Section 1. Term and Time of Performance.
(a) This Agreement shall commence upon the Commencement Date listed
on the Cover Page, and shall remain and continue in effect through the Termination Date listed
on the Cover Page, unless sooner terminated pursuant to the provisions of this Agreement. City
may renew this Agreement on a year-to-year basis at its discretion. Any services performed
prior to the Effective Date listed above shall for all purposes be deemed to have been performed
pursuant to this Agreement, subject to the terms and conditions hereof.
(b) In the event that City renews this Agreement, Contractor may submit a
proposal to increase its rates no later than thirty (30) days after receiving notice of City's intent
to renew. Any increase in rates must be approved by City before such increase can take effect.
If City fails to approve the proposed Increase within thirty (30) days of receipt, Contractor may
terminate the renewal by giving thirty (30) days written notice.
Section 2. Performance.
(a) Contractor shall perform the services and tasks described and set forth in
the Scope of Services, Exhibit A ("Services"). Additional services must be mutually agreed
upon in writing signed by both Parties prior to performance of those additional services.
(b) Contractor shall at all times faithfully, competently and to the best of its
ability, experience, and talent, perform all Services under this Agreement in accordance with the
standard of care and skill ordinarily exercised by members of the profession currently practicing
in the same locality under similar circumstances and in a manner reasonably satisfactory to
City.
(c) Contractor shall keep itself informed of all local, state, and federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agreement. Contractor shall at all times
12720-000211206184vHoc
observe and comply with all such ordinances, laws and regulations. City, and its officers,
officials, employees, agents or volunteers shall not be liable at law or in equity occasioned by
failure of Contractor to comply with this paragraph.
(d) Contractor will not be compensated for any work performed not specified
in Exhibit A unless City authorizes such work in advance and in writing.
Section 3. Compensation.
(a) City agrees to compensate Contractor, and Contractor agrees to accept
in full satisfaction for the services and any supplies or goods required by this Agreement, a sum
not to exceed the Consideration set forth on the Cover Page and more particularly described in
Exhibit B. The Consideration shall constitute reimbursement of Contractor's fee for the Services
as well as for all actual and. necessary expenditures reasonably incurred in the performance of
this Agreement (including without limitation, all labor, materials, equipment, supplies, delivery,
tax, assembly, and installation, as applicable).
(b) Except as specifically described in Exhibit B, there shall be no claims for
additional compensation for reimbursable expenses and Contractor shall not be reimbursed for
any additional expenses.
Section 4. Method of Payment. City shall pay Contractor the Consideration in
accordance with the method and schedule of payment set forth in Exhibit 13.
Section 5. Responsible Principals.
(a) Contractor's Responsible Principal set forth on the Cover Page shall be
principally responsible for Contractor's obligations under this Agreement and shall serve as
principal liaison between City and Contractor. Designation of another Responsible Principal by
Contractor shall not be made without prior written consent of City.
(b) City`s Responsible Principal shall be the City Administrator or his
designee who shall administer the terms of the Agreement on behalf of City.
Section 6. Personnel.
(a) All persons performing the services under this Agreement shall have all
the necessary technical expertise, permits, professional licenses, certificates, training, and other
qualifications required by this Agreement or other applicable laws. Contractor shall provide City
with said permits, licenses, and certificates at the request of City,
(b) Contractor represents that it has, or shall secure at its own expense,, all
personnel required to perform Contractor's Services under this Agreement. All personnel
engaged in the work shall be qualified to perform such Services.
Section 7. Permits and Licenses. Contractor shall obtain and maintain during the
Agreement term all necessary licenses, permits and certificates required by law for the provision
of services under this Agreement, including a business license.
Section 8. Access. Contractor shall comply with all reasonable access and other
restrictions that City may impose. No access to City property for performance of the Services
12720-0002\ 1206184V 1.doc
shall be permitted prior to delivery to City of proof of insurance paid and maintained by
Contractor.
Section 9. Contractor's Duties and Representations.
Contractor represents, covenants and agrees as follows:
(a) .There are no obligations, commitments, or impediments of any kind that
will limit or prevent performance of the Services.
(b) Contractor presently has no interest and shall not have any interest, direct
or indirect, which would conflict in any manner with the performance of the Services
contemplated by this Agreement. No person having any such interest shall be employed by or
be associated with Contractor.
(c) There is no litigation pending against Contractor and Contractor is not the
subject of any criminal investigation or proceeding, and neither Contractor nor its personnel, to
its actual knowledge, have been convicted of a felony.
Section 10, Independent Contractor.
(a) Contractor is and shall at all times remain, as to City, a wholly
independent contractor. The personnel performing the Services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, officials, employees, agents, or volunteers shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in
this Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, officials, employees, agents, or
volunteers of City. Contractor shall not incur or have the power to incur any debt, obligation or
liability whatsoever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor or its officers,
employees, or agents in connection with the performance of this Agreement. Except for
Consideration paid to Contractor as provided in the Agreement, City shall not pay salaries,
wages, or other compensation to Contractor for performing services hereunder for the City. City
shall not be liable for compensation or indemnification to Contractor or its officers, employees,
or agents for injury or sickness arising out of performing services hereunder.
Section 11. Termination.
(a) Termination Right. City may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the Contractor at least five (5)
calendar days prior written notice. Upon receipt of such notice, Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise.
(b) Actions Subsequent to Termination, in the event of termination of this
Agreement, Contractor shall deliver all Confidential Information, as defined in Section 13 below,
to City within thirty (30) days after the termination of this Agreement. Contractor shall also take
all such other action as City reasonably requires and shall cooperate with City to effectuate an
orderly and systematic termination of Contractor's duties and activities hereunder.
4
12720-0002XI206184v1.dm
(c) All of the terms and conditions in the Agreement related to payment,
confidentiality, indemnification, dispute resolution and waiver shall survive termination of this
Agreement.
Section 12. Limitation of City's Liabllity. City's liability on any kind of claim for any
loss or damage arising out of, in connection with, or resulting from this Agreement, shall in no
case exceed the amount that would be paid to Contractor for the full performance of the
services required by this Agreement. In no event shall City be liable for anticipated profits or for
incidental, consequential or punitive damages. City shall not be liable for penalties of any
description,
Section 13. Confidential Status: Disclosure of Information.
(a) Confidential Status; Disclosure of Information. All data, floor plans,
designs, maps, surveys, drawings, models, reports, logs, documents, materials or other
information developed or created by Contractor, received by Contractor, or provided to
Contractor for the performance of this Agreement ("Confidential Information") are deemed
confidential and shall not be disclosed by Contractor to any third party without City's prior written
consent. City shall grant consent If disclosure is legally required. All Confidential Information
shall be returned to City upon the termination of this Agreement. Contractor's covenant under
this section shall survive the termination of this Agreement. City may disclose to third parties
any Confidential Information at its sole discretion.
(b) Contractor's obligation not to disclose any Confidential Information shall
not extend to information that:
L was in the possession of, or was rightfully known by, the
Contractor without an obligation to maintain its confidentiality prior to receipt from City;
ii. is or becomes generally known to the public without violation of
this Agreement;
M. is obtained without an obligation of confidentiality by the
Contractor in good faith from a third party having the right to disclose it without an obligation of
confidentiality; or
iv. information which is required to be disclosed pursuant to any court
order or directive having the force of law.
(c) The provisions of this section shall survive the termination of this
Agreement.
Section 14. Records and Inspections. Contractor shall maintain full and accurate
records with respect to all matters covered under this Agreement for Records Retention Period.
City shall have access, without charge, during normal business hours to such records, and the
right to examine and audit the same and to make copies and transcripts therefrom, and to
inspect all program data, documents, proceedings and activities.
Section 15. Default. Contractor's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Contractor is in default under the terms
of this Agreement, City shall have no obligation or duty to continue compensating Contractor for
5
12720-000211206184vLdoc
any work performed after the date of default and can terminate this Agreement Immediately by
written notice to Contractor.
Section 16. Indemnification. Contractor agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, Judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of Contractor, or Contractor's officers, employees, or agents which in any way arise
out of, result from, or are in any way related to the performance or non-performance of this
Agreement, excepting only liability arising out of the sole negligence or willful misconduct of
City; its officers, officials, employees, agents, or volunteers.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER
TERMINATION OF THIS AGREEMENT.
Section 17. Insurance.
(a) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence,
combined single limit, against any personal injury, death, loss or damage resulting from the
wrongful or negligent acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle Liability
insurance covering personal injury and property damage, with minimum limits of One Million
Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by
Contractor in performing the services required by this Agreement.
(c) Contractor agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation as required by law.
(d) Contractor shall require each of its sub -consultants or sub -contractors to
maintain insurance coverage that meets all of the requirements of this Agreement.
(e) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(f) Contractor agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at
Contractor's expense, the premium thereon.
(g) At all times during the term of this Agreement, Contractor shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, showing that the aforesaid policies are in effect in the required
amounts. Contractor shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates. The policies of insurance required by this
Agreement shall contain an endorsement naming the City as additional insured, All of the
12720.0002\120618 4vl.doc
policies required under this Agreement shall contain an endorsement providing that the policies
cannot be canceled or reduced except on thirty (30) days prior written notice to City, and
specifically stating that the coverage contained in the policies affords insurance pursuant to the
terms and conditions as set forth in this Agreement.
(h) The insurance provided by Contractor shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers,
employees, agents, or volunteers shall be excess of Contractor's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. Contractor. hereby waives all rights of subrogation against City.
(i) Any deductibles or self -insured retentions must be declared to and
approved by City. At the option of City, Contractor shall either reduce or eliminate the
deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond
guaranteeing payment of losses and expenses.
Section I B. Assignment and Subcontracting. Contractor shall not assign or attempt to
assign any portion of this Agreement, or subcontract any required performance hereunder,
without the prior written approval of City. Any assignment or subcontract made in violation of
this section is invalid and void.
Section 19. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California, before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide
written reasons for their decision. The arbitration decision shall be final and binding on the
Parties, Judgment on the award may be entered in any court having jurisdiction pursuant to this
Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid of
arbitration from a court having jurisdiction pursuant to this Agreement. The exclusive jurisdiction
and venue under this Agreement shall be the Superior Court of California, Los Angeles County.
Section 20. Attorneys Fees. In the event a dispute, claim or litigation arises regarding
this Agreement, the prevailing party shall be entitled to reimbursement for reasonable attorneys
fees and actual costs, which may be set by the arbitrators or the court in the same action or in a
separate action brought for that purpose, in addition to any other relief which is obtained.
Section 21, Governing Law. This Agreement shall be interpreted and enforced
according to, and the Parties rights and. obligations governed by, the domestic law of the State
of California, without regard to its laws regarding choice of applicable law.
Section 22, Entire Agreement and Modifications. This Agreement, including
attachments incorporated herein by reference, represents the entire agreement and
understanding between City, and any negotiation, proposals or oral agreements are intended to
be integrated herein and to be superseded by this Agreement. This Agreement may only be
modified by a writing signed by both Parties.
Section 23. Waiver. The waiver by either party of a breach or default by the other
party shall not be deemed a waiver of any different or later breach whether of the same or other
covenant or condition; nor shall any delay or omission by either party to exercise any right it
7
12720-0002\ 1206184 v 1.d oc
may have hereunder operate as a waiver of any breach or default of such a right. The failure of
either party to this Agreement to exercise any of its rights under this Agreement does not
constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of
any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed
by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
Section 24. Force Majeure. Neither party shall be considered in default of any of Its
obligations under this Agreement when a failure of performance shall be due to an
uncontrollable force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire,
lightning, epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal
action, statute, ordinance, or regulatlon, embargoes of the United States Government or any
other government, which by exercise of due diligence such party could not reasonably have
been expected to avoid and by exercise of due diligence has been unable to overcome. tither
party rendered unable to fulfill any of its obligations under this Agreement by reason of an
uncontrollable force shall give written notice within five (5) business days of such fact to the
other party and shall exercise due diligence to remove such Inability with all reasonable
dispatch.
Section 25, City Not Obligated to Third Parties. City shall not be obligated or liable
under this Agreement to any party other than Contractor.
Section 26. Notices. All notices, approvals, consents and other communications
between the Parties shall be in writing, and shall be sent by certified mail (return receipt
requested) or other delivery service which provides evidence of delivery, using the address set
forth on the Cover Page under "Notice Information - City" or "Notice Information — Vendor," as
appropriate, or at such other address as may be furnished by either party to the other in writing.
Mailed notices will be deemed communicated as of the day of receipt.
Section 27. Cover Page and Exhibits. The Cover Page and all documents referenced
as exhibits In this Agreement are hereby Incorporated in this Agreement. In the event of any
material discrepancy between the express provisions of this Agreement and the provisions of
any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 28. Headings. Headings used in this Agreement are for convenience of
reference only and shall not affect the interpretation of the Agreement.
Section 29. . Survival of Terms. All of the terms and conditions in this Agreement
related to payment, confidentiality, indemnification, dispute resolution and waiver shall survive
termination of this Agreement.
Section 30. Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be valid under applicable law. If any provision of this
Agreement is determined by a court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and
shall in no way be affected, impaired or invalidated.
Section 31, Authority To Execute This Agreement. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority
to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to
the performance of its obligations under this Agreement.
S
12720-0002\1206184v 1.doc
[Signatures Begin an Next Page].
12720-0002\1 206184v1,doc
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City United Site Services, Inc., a Massachusetts
and California municipal corporation corporation
al
Mayor 1 Mayor Pro -Tern
ATTEST:'
By:
Name: dah C47-
Title.
By:
Narr
WILLARD YAMAGUCHI, City Clerk Title: ��r` 1j ! ,-,J��—
APPROVED AS TO FORM
LAURENCEE S. WIENER, City Attorney
10
12720-0002\1 206184v Ldoc
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following work pursuant to this Agreement:
1. Contractor shall supply 1890 linear feet of Panel Fencing (each panel is
approximately 6' in height and 10' In length) surrounding the perimeter of City property located
at 5119 District Boulevard, Vernon, California 90058. Under this Agreement, Contractor agrees
to supply fencing at this location for the period of December 28, 2009 through December 28,
2010. Unless the Parties extend this Agreement by executing a written modification signed by
both Parties, Contractor shall remove the fencing from this location on December 28, 2010 at
Contractor's expense and restore the property to original condition at no extra charge.
2. Contractor shall supply 574 linear feet of Panel Fencing (each panel is
approximately 6' in height and 12' In length) and 750 linear feet of 6 ft Chain Link Fencing
surrounding the perimeter of City property located at 5201 District Boulevard, Vernon, California
90058 for the period December 19, 2009 through December 19, 2010, Unless the Parties
extend this Agreement by executing a written modification signed by both Parties, Contractor
shall remove the fencing from this location on December 19, 2010 at Contractor's expense and
restore the property to original condition at no extra charge.
3. Pursuant to a written request by City, Contractor shall repair the fencing supplied
pursuant to this Agreement in accordance with the rates set forth in Exhibit B.
The City shall:
1. Inspect the equipment upon delivery to ensure that it is in good condition;
2. Use the equipment only for the purpose for which it was intended;
3. Make no permanent alterations or attachments to the equipment;
4. Give Contractor access to the equipment over suitable pavement or other driving
surface and make the equipment available for maintenance at ground level;
5. Notify Contractor if City becomes aware that the equipment is unsafe or in
disrepair;
6. Not permit the equipment to become subject to any lien, charge or encumbrance.
ll
12720-0002\1206184VI ,doe
EXHIBIT B
FLAT FEE
Contractor shall be paid $3,102.44 to perform all Services related to the property at 5119 District
Boulevard and $2,561.44 to perform all Services related to the property at 5201 District
Boulevard, as described in Exhibit A, except for maintenance and repairs pursuant to specific
written requests by City. Contractor shall invoice City annually for Services provided under this
Agreement and upon completion of maintenance and repair work.
Invoices shall include the period for which the Services will be provided, the dates of such
Services, and a description of the Services provided for that billing period. Payments of each
invoice shall be made by City within thirty (30) days following receipt of the invoice as to all non -
disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor
within thirty (30) days of receipt of the disputed invoice. Any amounts in dispute shall be
withheld until resolution.
If the City requests that Contractor perform maintenance or repairs, Contractor shall be
compensated $125 per trip request. In addition, the City shall pay the cost of all necessary
materials in accordance with the following price schedule;
1. 6 ft. Chain Link Fence $ 3.25 per foot
2. 6 x 10 Panel Fencing $ 175.00 per panel
3. T-Stands $ 55.00 per T-stand
Contractor acknowledges that the City is not liable for either the 16 Panels and 2 T-stands that
are presently damaged or the 4 T-stands that are currently missing at the 5201 District
Boulevard property. Contractor will repair the fencing to replace such parts at its own expense.
12
42720-OOD211206184vLdoc
United Site Services, Inc. DATE 1/27/2010
Southern California Division
4511 N. Rowland Ave "^ Quotation # 1127/10jos
El Monte, CA 91731 Customer ID TBD
(626) 523-9851 Fax (626) 454-5916 nited. Quotation valid until:
www.unitedsiteservices.com SITE SERVICES Prepared by: Jacob Sanchez
TERMS: Due Upon Receipt
Bill To Address: Site Location: (Delivery Location)
Name: Juan Arellano Name:
Company Name: City of Vernon Company Name:
Street Address: Street Address: 5119 District Blvd
City: City: Vernon, CA 90058
Phone: 626-583-8811 x271 Phone:
Comments & or Special Instructions:
Note: All prices are negotiable and we will do our best to accommodate your needs at a competitive cost.
" THIS IS ONLY A QUOTE, PLEASE CALL OR FAX QUOTE BACK SIGNED TO CONFIRM ORDER -
AN ENERGY AND E
Sanchez I JOS
1890 1 6x 10 Panel Fencing
AL FEE OF 7.5% WILL AP
1.40 1 Y
I I 1 Year Contract from 12128109-12/28/10 1 1 1
Damaged and Missing
�L'.dYiF�V,
6Ft Chain Link Fence Per Foot
^r
6xl 0 Panel Fencing Per Panel
T-Stands each
Tri• Charge
By signing below, you are agreeing to our prices, terms and conditions.
Name Date:
SUBTOTAL
TAX RATE
SALES A
TOTAL
iti: }ia�jw t✓x �.
9.750%
iY J i ' �
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••
.45
United Site Services - Southern California Division - www.unitedsiteservices.com 1
THANK YOU FOR YOUR BUSINESS!
DATE: 27�Jan-10
QUOTATION NO. 1127/10jos
PAYMENT TERMS; Payment terms will be pre -arranged with customer prior to delivery of equipment (C.O.D, and/or net 10 days from date
of invoice). Customer shall be liable for all taxes, fees or other charge applicable to this agreement or customer's use of the equipment.
USE BY CUSTOMER:
A. Customer to inspect the equipment and find it to be in good condition and suitable for his use upon delivery.
B. Customer will permit the equipment to be used only for the purposes for which it was intended.
C. Customer will make no alterations or attachments to the equipment.
D. Customer has chosen the location for installing the equipment and accepts all responsibility in connection with that choice of location
including liability for any damage to underground utilities during the installation.
E. Customer will give United Site Services free access to the
equipment at all times over suitable pavement or other driving surface and will make the equipment available for maintenance at ground
level without hazard to employees or equipment.
F. Customer will notify United Site Services immediately and discontinue use of the equipment if the equipment becomes unsafe or in a
disrepair for any reason.
G. Customer will not permit the equipment to become subject to any lien, charge or encumbrance.
3. MAINTENANCE: United Site Services will service the equipment in accordance with the terms set forth on this agreement.
United Site Services obligation to maintain.the equipment in good working order under ordinary use is conditioned upon customer's
compliance with the use obligations set forth in paragraph 2.
4. CUSTOMER'S INDEMNITY: Customer will indemnify United Site Services, its employees and agents against any claim, liability, or cost s
arising from this agreement or the use of the equipment, including property damage and personal injuries, except to the extent that such
claims, liabilities or costs are due to United Site Services sole negligence. Customer will promptly reimburse United Site Services for any
damage to or loss of the equipment. Equipment damage beyond repair will be paid for by the customer at replacement cost.
5. DEFAULT: If the customer shall be in default in the performance of any of the terms, covenants and conditions of this agreement, including,
but not limited to, the covenant for the payment of rent, then at the sole option of United Site Services, United Site Services may (A)
terminate the tenancy; (B) take possession of said equipment wherever the same may be found, with or without process of law, and for the
purpose may enter upon any premises where the equipment is located; (C) United Site Services shall have lien on the property of the
customer in the equipment pursuant to California civil code section 282, et seq. Which United Site Services may at its sole option exercise
pursuant to the provisions of the California CCP, or alternatively waive. By execution of this agreement, customer releases United Site
Services and agrees to hold harmless from any and all claims for liability or damages arising or claimed to arise as a result of the options
granted to United Site Services under the terms of this paragraph. Upon default, United Site Services shall retain all rents, rentals, and other
sums paid by the customer hereunder with respect to such equipment,
6. GENERAL:
A. Without the prior written consent of United Site Services, customer will not assign this agreement or any rights or obligations hereunder
and will not transfer possession or control of the equipment.
B. The provisions of this agreement can be waived or modified only by a writing signed by both parties. Failure by United Site Services to
enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned units shall not waive any claims by United
Site Services against the customer.
C. United Site Services shall not be liable for any failure to perform caused. by weather, strikes, shortage of materials or other causes
beyond its control.
D. The invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
7. ATTORNEY'S FEES: If any action be filed by any party to this agreement to enforce any of the terms and conditions of the agreement, the
prevailing party in such litigation shall be entitled to recover such additional sum as the court having jurisdiction in the matter may deem
reasonable as attorney's fees.
United Site Services of California, Inc.
Jacob Sanchez DATE
626-523-9851 Fax 626-454-5916
Company Name: City of Vernon
Authorized Agent DATE
United Site Services - Southern California Division - www.unitedsiteservices.com 2
CS'- oily
United Site Services, Inc.
Southern California Division
4511 N. Rowland Ave M
El Monte, CA 91731 " nited
(626) 523-9851 Fax (626) 454-5916
www.unitedsiteservices.com SITE SERVICES
Bill To Address:
Name: Juan Arrellano
Company Name: City of Vernon
Street Address:
City:
Phone: 323-583-8811 x271
Comments & or Special Instructions:
DATE 1/2712010
Quotation # 1/27/10jos
Customer ID TBD
Quotation valid until:
Prepared by: Jacob Sanchez
TERMS: Due Upon Receipt
Site Location: (Delivery Location)
Name:
Company Name:
Street Address: 5201 District Blvd
City: Vernon, CA
Phone:
Note: All prices are negotiable and we will do our best to accommodate your needs at a competitive cost.
* THIS IS ONLY A QUOTE, PLEASE CALL OR FAX QUOTE BACK SIGNED TO CONFIRM ORDER*
AN ENERGY AND ENVIRONMENTAL FEE OF 7.5% WILL APPLY TO ORDER
SALESPERSON SALESPERSON
P.O.NAME
DATE
CODE DAY DATE
Jacob Sanchez I JOS I 1 1 12/19/09
1 12/19/10
QUANTITY DESCRIPTIONA:AMOUNT
574 6x12 Panel fencing 1.65 Y
750
6ft Chain Link Fence
1.65
Y
Fenc ing AS I
With 16 Panels n 2 T StandsDamaged
4 T Stands Missing
"
Damaged and Missing Materials
6Ft Chain Link Fence Per Foot
3.25
6x12 Panel Fencing Per Panel
175.00
?.
T-Stands each
55.00
Trip Charge
125.00
$➢ n
Rental is for 12119/09-12/19110
City is not liable for Missing or Damaged Fence
SUBTOTAL
By signing below, you are agreeing to our prices, terms and conditions. TAX RATE 9.750%
SALES TAX '
EEG 7.5% 163.85
TOTAL
Name Date:
United Site Services - Southern California Division - www.unitedsiteservices.com
THANK YOU FOR YOUR BUSINESS!
DATE: 27-Jan-10
QUOTATION NO. 1/27110jos
PAYMENT TERMS; Payment terms will be pre -arranged with customer prior to delivery of equipment (C.O.D, and/or net 10 days from date
of invoice). Customer shall be liable for all taxes, fees or other charge applicable to this agreement or customer's use of the equipment.
USE BY CUSTOMER:
A. Customer to inspect the equipment and find it to be In good condition and suitable for his use upon delivery.
B. Customer will permit the equipment to be used only for the purposes for which it was intended.
C. Customer will make no alterations or attachments to the equipment.
D. Customer has chosen the location for installing the equipment and accepts all responsibility in connection with that choice of location
including liability for any damage to underground utilities during the installation.
E. Customer will give United Site Services free access to the
equipment at all times over suitable pavement or other driving surface and will make the equipment available for maintenance at ground
level without hazard to employees or equipment.
F. Customer will notify United Site Services immediately and discontinue use of the equipment if the equipment becomes unsafe or in a
disrepair for any reason.
G. Customer will not permit the equipment to become subject to any lien, charge or encumbrance.
3. MAINTENANCE: United Site Services will service the equipment in accordance with the terms set forth on this agreement.
United Site Services obligation to maintain the equipment in good working order under ordinary use is conditioned upon customer's
compliance with the use obligations set forth in paragraph 2.
4. CUSTOMER'S INDEMNITY: Customer will indemnify United Site Services, its employees and agents against any claim, liability, or cost s
arising from this agreement or the use of the equipment, including property damage"and personal injuries, except to the extent that such
claims, liabilities or costs are due to United Site Services sole negligence. Customer will promptly reimburse United Site Services for any
damage to or loss of the equipment. Equipment damage beyond repair will be paid for by the customer at replacement cost.
5. DEFAULT: If the customer shall be in default in the performance of any of the terms, covenants and conditions of this agreement, including,
but not limited to, the covenant for the payment of rent, then at the sole option of United Site Services, United Site Services may (A)
terminate the tenancy; (B) take possession of said equipment wherever the same may be found, with or without process of law, and for the
purpose may enter upon any premises where the equipment is located; (C) United Site Services shall have lien on the property of the
customer in the equipment pursuant to California civil code section 282, et seq. Which United Site Services may at its sole option exercise
pursuant to the provisions of the California CCP, or alternatively waive. By execution of this agreement, customer releases United Site
Services and agrees to hold harmless from any and all claims for liability or damages arising or claimed to arise as a result of the options
granted to United Site Services under the terms of this paragraph. Upon default, United Site Services shall retain all rents, rentals, and other
sums paid by the customer hereunder with respect to such equipment.
6. GENERAL:
A. Without the prior written consent of United Site Services, customer will not assign this agreement or any rights or obligations hereunder
and will not transfer possession or control of the equipment.
B. The provisions of this agreement can be waived or modified only by a writing signed by both parties. Failure by United Site Services to
enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned units shall not waive any claims by United
Site Services against the customer.
C. United Site Services shall not be liable for any failure to perform caused by weather, strikes, shortage of materials or other causes
beyond Its control.
D. The invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
7. ATTORNEY'S FEES: If any action be filed by any party to this agreement to enforce any of the terms and conditions of the agreement, the
prevailing party in such litigation shall be entitled to recover such additional sum as the court having jurisdiction in the matter may deem
reasonable as attorney's fees.
United Site Services of California. Inc.
Jacob Sanchez
626-523-9851
DATE
Fax 626-454-5916
Company Name: City of Vernon
Authorized Agent
United Site Services - Southern California Division - www.unitedsiteservices.com
DATE
United Site Services of California, Inc.
Southern California Division
3408 Hillcap Avenue
San Jose, CA 95136
Customer Service: 800-322.2263
Payment Inquiries: 1.800-716-1428
Sill CITY OF VERNON
To: ATTEN: JUAN ARRELLANO
4305 SANTE FE AVE
LOS ANGELES, CA 90058
Page: 1
Customer ID:
LAX-54863
Invoice No:
107-84072
Terms:
Due on Receipt
P.O. No:
Our Order No;
0-110637
Invoice Date:
01/21/10
Ship CITY OF VERNON
To: 5119 DISTRICT BLVD
LOS ANGELES, CA 90058
Item I Description Quantity Term From / Thru Unit Price Total Price
FR 1 Misc. 12/29/09 3,638.038 3,538.04
Fence Rental Each 12/28/10
Subtotal: 3,538,04
Tax: 344.96
i
Total: 3,883.00
Please Remit with Payment:
See Reverse for Terms & Conditions, which are part of this Agreement
wherein United Site Services of California, Inc. is referred to as "Company"
CITY OF VERNON
Customer ID: LAX-54863 Subject to Tax Exempt from Tax Subtotal: 3,538.04
Invoice Number: 107-84072 3,538.04 0.00 Tax: 344.96
Our Order No: 0.110637 Total: 3,883.00
Service is optional
Credit
To: CITY OF VERNON
ATTEN: JUAN ARRELLANO
4305 SANTE FE AVE
LOS ANGELES, CA 90068
Customer ID LAX-64863
Applies to Type Involce
Applies to Number 107-84072
[.Items Rented
Item / Description
FR
Fence Rental
RENTAL. CREDIT MEMO
Credit Memo Number: 207-3834
Credit Memo Date 01/31/10
Page: 1
Ship
To: CITY OF VERNON
6119 DISTRICT BLVD
LOS ANGELES, CA 90068
P.O. Number
P.O. Date 12/24/08
Salesperson Jacob 0. Sanchez
Quantity Rental Term From / Thru Unit Price
1 Misc. 12/29/09 711.22
Each 12/29/09
Total Price
- 711.22
Subtotal: _ 711.22
Tax: - 69.34
Total: 780.56
/1p,� a1 D,S7 7�j
� pF wEB �N`
�,��", , •� APPROVED JAN 0 5 '09 CITY COUNCIL.
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
602
TO: Eric Fresch, City Administrator
FROM: Samuel Kevin Wilson Director of Community Services & Water
DATE: December 17, 2008
SUBJECT: Temporary Fence Rental — 5119 District Blvd.
The City of Vernon Engineering Division will be closing out the project for the demolition of the
former Thermador facility located at 5119 District Boulevard under Contract No. 602. The rental agreement for
the temporary chain link fence, installed by the Contractor during demolition, will expire on 12/21/08. The
chain link fence has and will continue to provide security for the site from unauthorized access to the site as well
as illegal dumping.
The price quote provided by the National Construction Rentals, hnc. to keep the existing chain link
fence in place for a 12-month period is $4502.76. The Engineering Division has obtained a price quote from
United Site Services, the company providing the rental for the chain link fence on the adjacent piece of the
property which was demolished under a separate contract. The quote from United Site Services is for $2,646.00
for a 12-month period plus a 7.5% ($198.45) one-time cost for fuel, for a fmal cost of $2,844.45.
Since time was of the essence, the Community Services Department authorized United Site Services to
place the fence on the property. It is recommended that the City Council ratify the agreement between United
Site Services and the City to install a temporary fence for a one year period at a cost of $2,844.45 at the subject
site.
Sxwnnr
cc: Jeff Harrison
RECEIVED
of lq
DEC 18 2008 o
Community services G 7
�`•'\'LY 1.1oV�
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: December 18, 2008
TO: Kevin Wilson, Director of Communi�/t,,�p/Services & Water
FROM: Jeff A. Harrison, City Attorne �(►
ail
RE: Temporary Fence Rental - 5119 District Blvd.
Dear Kevin:
I have received and reviewed your Memorandum dated December 17,
2008, and the attachments thereto. The Terms and Conditions are
approved as to form.
JH:j1
12/30/08 15:29 FAX
R 001
,lrr� r J UDy -
•nv l IAIl Ima;v IN UUr aeIvIce-
CONFIDENTIAL SERVICE PROPOSAL
C01UPany: City of Vernon (Up to 12 months fence rental term)
Site: 6119 District Boulevard in the City of Vernon
*6 ft high panel fence* 12/17/08
Attention: Juan Arellano Ph• (323)583-8811 x271
QUANTITY
TYPE OF
COST PER UNIT
TOTAL CHARGE
SERVICE
1890' 6 ft high
Delivery and install
$1.40 per linear foot
$2646.00
panels (6X10)
*1890' 6:11 high
111.40 p 1 f
windscreen -
optional
$5292.00 plus l�
7
ta3/EEF
$5688.90total
includes
windscreen
Additional information: This is a quote for up to 12 months fence rental term, with optional
windscreen. After 12 months, there will be a monthly rental of 10 % of the original
installed amount. Anv reonest fnr nnvfiol niwL . .
ite z - - .. ••••• -,rar ,� cov er u r re uest. $1 plf will be applied for relocation.
Repairs will be charged trip charge plus materials and labor. All installations are subject to
taxes/EEF wherever applicable. We will only invoice what we install. This is only a quote.
Quantity is estimated -give or take 1001. Unit price will be applied the same. Please sign
and fax back approval. We will teed with scheduling upon receiving your approval.
Thank you!
r
Acceptance:
Date: / z - L 5 -Ce
David Thi
Account Manager
Cell: 626 926-5822 Fax: 626-454-5916
Email address: david.thi@unitcdsiteservices.com
ATTEST:
anuela Giron, Citk Clerk
t0 e
12/30/08 15:29 FAX
IERMS AND CONDIIIONS
PLEASE READ
1 Adaeplaom comomer shelf be deemed to have accepted these [am and
conditions upon the core"[ l0 mile (q two positions days Mew receipt of an
Invoice from Company: (0)delivery of ]Wm of equipment('EquipmsM) idardMed
In Ihls Invoke la the Bile designated In Las Invoice (he'Sgo') and view aaep-
(once thereoti of (III) ack 18dgmMt or other Conduct at Customer Indimbrig
somplama. These terms and conaMans enall supersede any twonslmentlerms
or ere,purahaperorder or Otlerdocumene of Customer
2 paymontTerms Allagrumenleamoub)eglto*prevelbyC=mny.CmI mO
shill pay ell Charged by Company during Inc term (Ina'pmlad') shown in Ihls
Invoice. All Company Invplcee umdue and payabtb upm Cmtomor'smccipl
of the invoice. Cuslomor awll be Ikbla to Campeny for Interest m the rote of
1.5% per manIN or Sw;h leaser able be may be The madmam Iawfol rate from
lime to Ernst, on all overdue 9ostNp. Cmlemer shall pay all additional d,enaes
for wTvIc..spwately ra tmebod hyeueromwarmede narnsuryby Cu61emua
hmachoftheMTermsend0lo dllone Induding bmnotamllptl b,mmMpnlo�
denominate apadlaleaMca chim ee, and epedel dclivCryand remevm chupae
In The event GustomBr'a Rowunl becomes dBanqucnl, Customer agrees to trey
Company et collection vacation; including mps"ble attempted lore
3 Servlpe The Campany orkre serviong man opium wall mabb, Inina ns
d. Damaoa Welver The Company offers a damage waiver program an certain
Equipment customer may rgcllnv Iha damage waiver by gqmpletng and
examdng The apprgprlalc section at Ch. and of these terms and weall-
Ilobs. Union Customer has aalindd die Damage Welverm trials beforelhe
tmnmencsmenl or Me Perlad or when gve business days m the dale of the Star
Invoice to Customer for any Edulpmenl Idenlllled with a Clenno Wprwx an Nit
Invoice, whichever IT later. Company shell Impose, end Cuslom.r.hall pay. any
Damage Waiver lees Indeamd an this Invoice and toWelod Customer has teal
breached any of him terms and eaadllsne)CUSIOm shall have no metwellbgiy
for accidental slmglural damage to the Equipment, EXCEPT p) Codamar shell
bo rabid for then of any Eaulmrent and lw arw buses I45ddeq from any willful
and emplgYcca. and oil if Customer has other Ineurmes covering alien loss or
damage, Customer amen eaerdro erg rights roNleblo to t under ouch insurance,
lake all aellwn noco ear, To W. sucht elurn and sodium won tlmm and pay
any and all pmeeedafmmwNlnwrencelo Company If Gublpmdf destines the
Damage Weaver. Cu9mrlarMell be Ifablatar my lose or damage to One Equipment,
roganleaa Or cause a fault except for reasonable wear and tear and Customer
shall pay Company the actual not of repair or replawrawl test thereof and In
eddmonlhreiO.for COnwmy'sloncfmcofthc>ipmenl, Ingreeventafany
loanofordemagoMlha Equipment,LLc =rdrollpmmpdynetiy Compmyof
such such
l or damage and shall ding poice reMys. Informal
olmlreports reports
asots lam er damage Including wee reports. Infarmel Invest thutd reports
apply to Portable
Tnademega own,whi cdbeca eftoilthictcmmated with
ME
apply le portable lunar. and.m ni do which baaarna Paragraph
iMte I the
haaard.uc mamriais or sonmmpsnla deavlbetl In peregreph 7v/nlle In the
Customer's wsrubl and possession
S. Equipment Leamlian CuahamarWarrmde entl repfnBnld that ll has eserdsatl
rem diligence and cm, In the vacation of the location it has ddslgnbbd for the
placing ofpprleblo talab., lompmary taming portable storage eentommend any
other EgJipmeneprovided by Company, andfurthe ragmes to gate dMeaons aM
eupgrAwille DlsnmeMpfardT wmparary lencing.[.,has containers Durable
Iellale and ether Equlpmenl
6 Equlpmom Roopmmlbgity Companywill deriver the Equipment Is the site at
the cumrnenmmml of Me Peeled and will remove he Equipment M Me and of
the peeled II eaKgnll hem bean ordered by Ctlutuw q Company Wit mTmro
BWdOMMQC aepllc.ramo f'DSW) ham purmblB rmlrooms• If appli=bra M the
not cloy due to a holiday, potential vmathar, or other
Company &hull mrvim the Equipment on one wrong
lane for any servicing. malnlenencearemovelof Edulpmenl Cuafdmwshalf- ot
remove Thu EquOmeni from the Sim and shall not move the Egtdpmenl an the
Sre vAudut "eaten Purnlealah from Company Cuslemer shag nal madly me
equipment. Cuelomersball not fag, not leads or otherwise tow poeramim of
the Equlpmant.norshall Cuslamerpamll amyllan to bdplaced an the Equipment
Cudmnmrac nomoogse that Company has M central oPor Me Irascible liquid.
night by Cualwner, and Cuetemer spree s to comply, at CueMmw or date expense.
wlhanyprdalleppllmblamunldpal couny,slme federelwqunh0wemmeMel
laws, ordinances regulations and guidelines. Including ANSI 5lendmd 24 3 and
me reddlMmehlS offila M de far Clean portable SanitallaM pulghhed by PSAI
#epplooblc
y. EquipmMt CanleMlnallpm Whra portable m l=m w!W are In Cmtomers
ponaludan Guslomudmilpr lanymnlaMnsOonofsuch Wits withdrkon,
mile oliga wreaked
event). Co Ipdcorhazardous vo am (n, chat
gas, DEW
oMMNn and solvent). an Company war not remow any wade pthm
elan DSW from portable andrestint the
Startleipmcnacanlalmdarholl arrahgo a In the
even! Other Waste L- found in Iha Egaipmed. Cuclomw ahae armhg. mo pay
Ins Customer
removal or wch Ole lattice Until tom r Is liable
Weals is camerae,
wanted may not mfmpndle the perletl and Customer It IIeBle far m aenaBB
xwuad during such paned
1. Liability Earept lathe ekmnt Cuelwner le not liable for damage to Equipment
uMer me Damage Wahror program demand In Section a. Cnolomm efyeas te
defend bdemnly arm hold Comyanyharmcav to the matin a , cAw: pMnitted
by law from and far oil claim. lawsuits, damopes, m,pMaM eat omer losses
Bdslrg apt prone rM1el ar use of EgdpmMl delivered to ar rented by Customer.
CNI=Ore obligation vngl apply to the expert prompted by low to of auManm
or Incidents regatdkr of wllether same .awr ee a moult of Cuakmara or Ihbd
pary'a nagligpnca. teal err omen lapel gabrlty. CuolonwavMhavenoohltallnn
tolortho luney(g shad ilINI ea Cmm lOrtIre Bccldmtwmddanlaims
directorsseeployees and agents haeME,unafCommny.Company lallablem,
directors emplonseaanealemaehml. of anal. exemplary
decry or
beldblelo
Cualemer Ire consequential. the
Inddpment clan. exemplary or WnlNve tlanragea
adeingtJlefs r mum creation
Equipment of or or neded dndggUiprT Leman
for arty claims w muses g wed it ct oboe out of man am m the Eto corn l t the
be ou recover from Lbmeeor use
of her Equip In an amount ml !e emeetl the
ommmc paid by GLmanm Tar lee of the Edulpmenl
5 No PromGng Agreed Wan mksom the camplato billing parioda and ere not to
bapmrakd
10. Tenminmldn CamDanymay lmminale this agreement end remove the Equip
Mont Immediately in the evert @ Cementer Wait. To pay any amount.than dne to
Company, O C.smmer Otherwise breaches ar re)etle any M Mesa Tome and
Conditions. (g) them Is any load or or damage to ire EqulpmMD (M try Ilan Is
plaid. or isprdpo#d to M placed, on anymthe Equipment, or (v) a proceeding
to bankruptcy or ter other ItWeeden from credia m Is Commenced by or against
Cualemer. Company shall net be responsible for Iom of any personal properly
an the Slid whlM may be Caused by removal of any of ComDem'c Equipment
famous to glee paragraph
11 Governance Tana epreareantanall mannered In, end commuedin acmmance
shoanca Mlsimalep m.hIchho
oil giving elect id a nY ehdice w err
such amte. in won
nee pemea Milan
r finewdiMcilah ear any side noting It
thlogrlingto Bedh chop. in any. d or action of arompallera. noting he le
and determined
All dolma in o rt 1,1 of Ile eglbr er proar wimp maybe heard
andadamrshag lnarop,. ward r
. farurcby tight he tdcsmdse anyrlthl
-f-rvY dui Shag, obit m i wai+M c wy.thea right hereunder, end a waiver
ofanyn an en cps decagon AN Col genalame a per to Tomas
as an of any such
rightsm) he any WWve ouaB:on All modlllcellore la mesa Tema eat Gndlbns
Mall he M lwalnp
12. TameiFans Cuadmermall pay erry, and all lseeq thrones Low err pormll fees
aning mt d um of the EQu[Pmene Customer shall pay such loxos serener
such less ere shown an this Invited wwh. hersuch laws am later dainea by
a govemannlal euMody. In Iha event dip claim by a gevemmemal doorway fat
fables re)ded to the Equipment Customer Mall pay Ed Company sum mxm an
demand
15 AddlganafTerms Ad"nol Temm and Conditions appyto rental and sml..
Clorego miClockTempomryPoemragmpTha9e Tamw Is Conditions am showna the leek of your eMVeel for Home, himb
14 Errors 6 Omlpslons Cmmpany roe cs Iho dghl m camel any eminedus Iry
ramding thatmay appean r st mere cameyhaddess ofedlnsamount
including wilhoulemaeran CudameYe name err address or Oiling BmaJMe
We Hereby Decline the Damage Waiver Program
Custwwr#
Date
Cusdmpr Npma
e- O- G v/
811e Pm)ect aEvent Address
u �z.v Ce
Sigmund
Dim (/L �p707G9/ I/li//Gc`J
Insurance Cd
Policy#
Rev 0717117111139
Page 1 of 1
Juarez, Debbie
From: Barcia, Ana
Sent: Monday, May 17, 2010 3:17 PM
To: Juarez, Debbie
Subject: RE: Insurance Verification -- United Site Services, Inc. - Res. No. 2010-57
Hi Debbie,
The above referenced has current insurance on file.
Ana Barcia
City of Vernon
Risk Management Department
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia@ci.vernon.ca.us
From: Juarez, Debbie
Sent: Monday, May 17, 2010 2:48 PM,
To: Barcia, Ana
Subject: Insurance Verification - United Site Services, Inc. - Res. No. 2010-57
Hi Ana. Please let me know if the above -referenced has valid insurance. Thank you.
--------------------------------------------------------
Worah Juarez
Records Wanagement Assistant
City of Vernon - City Cferk's Office
4305Santa TeAvenue -
Vernon, CA 90058
(323)583-8811
5/17/2010
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. _ SHEET OF SHEETS
PROJECT: Fencing for property 5119 District Boulevard P.O. NO. 055.0001080
TO: United Site Services, Inc. CONTRACTOR
REQUESTED BY: City
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the entrant
Replace fencing at 5119 District Boulevard:
1890 linear feet of panel fencing with 1890 linear feet of 6 ft chain link fence for an additional total cost of $700.56
Per quotation number 6/1/10jos (attached).
Resolution No. 2010-57
Contract Amount (Base Bid)
$
3,102.44
Amount of This Change Order
Amount Previous
$
700.56
of Change Orders
$
0
Total Change Orders
$
700.56
Modified Contract Amount
.................................... $ 3,803:00
....
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
ervices &Water
Dir2over
Attest: Date: (1 f to
, City Clerk
Fexceptas
We, the undersigned Contractor, have gthe change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, includi,therwise be
noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date: Contractor: vim►
By: Title: y
-ro'j
__. - _. ___......1 Rev. 03/10
/1p,� a1 D,S7 7�j
� pF wEB �N`
�,��", , •� APPROVED JAN 0 5 '09 CITY COUNCIL.
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
602
TO: Eric Fresch, City Administrator
FROM: Samuel Kevin Wilson Director of Community Services & Water
DATE: December 17, 2008
SUBJECT: Temporary Fence Rental — 5119 District Blvd.
The City of Vernon Engineering Division will be closing out the project for the demolition of the
former Thermador facility located at 5119 District Boulevard under Contract No. 602. The rental agreement for
the temporary chain link fence, installed by the Contractor during demolition, will expire on 12/21/08. The
chain link fence has and will continue to provide security for the site from unauthorized access to the site as well
as illegal dumping.
The price quote provided by the National Construction Rentals, hnc. to keep the existing chain link
fence in place for a 12-month period is $4502.76. The Engineering Division has obtained a price quote from
United Site Services, the company providing the rental for the chain link fence on the adjacent piece of the
property which was demolished under a separate contract. The quote from United Site Services is for $2,646.00
for a 12-month period plus a 7.5% ($198.45) one-time cost for fuel, for a fmal cost of $2,844.45.
Since time was of the essence, the Community Services Department authorized United Site Services to
place the fence on the property. It is recommended that the City Council ratify the agreement between United
Site Services and the City to install a temporary fence for a one year period at a cost of $2,844.45 at the subject
site.
Sxwnnr
cc: Jeff Harrison
RECEIVED
of lq
DEC 18 2008 o
Community services G 7
�`•'\'LY 1.1oV�
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: December 18, 2008
TO: Kevin Wilson, Director of Communi�/t,,�p/Services & Water
FROM: Jeff A. Harrison, City Attorne �(►
ail
RE: Temporary Fence Rental - 5119 District Blvd.
Dear Kevin:
I have received and reviewed your Memorandum dated December 17,
2008, and the attachments thereto. The Terms and Conditions are
approved as to form.
JH:j1
12/30/08 15:29 FAX
R 001
,lrr� r J UDy -
•nv l IAIl Ima;v IN UUr aeIvIce-
CONFIDENTIAL SERVICE PROPOSAL
C01UPany: City of Vernon (Up to 12 months fence rental term)
Site: 6119 District Boulevard in the City of Vernon
*6 ft high panel fence* 12/17/08
Attention: Juan Arellano Ph• (323)583-8811 x271
QUANTITY
TYPE OF
COST PER UNIT
TOTAL CHARGE
SERVICE
1890' 6 ft high
Delivery and install
$1.40 per linear foot
$2646.00
panels (6X10)
*1890' 6:11 high
111.40 p 1 f
windscreen -
optional
$5292.00 plus l�
7
ta3/EEF
$5688.90total
includes
windscreen
Additional information: This is a quote for up to 12 months fence rental term, with optional
windscreen. After 12 months, there will be a monthly rental of 10 % of the original
installed amount. Anv reonest fnr nnvfiol niwL . .
ite z - - .. ••••• -,rar ,� cov er u r re uest. $1 plf will be applied for relocation.
Repairs will be charged trip charge plus materials and labor. All installations are subject to
taxes/EEF wherever applicable. We will only invoice what we install. This is only a quote.
Quantity is estimated -give or take 1001. Unit price will be applied the same. Please sign
and fax back approval. We will teed with scheduling upon receiving your approval.
Thank you!
r
Acceptance:
Date: / z - L 5 -Ce
David Thi
Account Manager
Cell: 626 926-5822 Fax: 626-454-5916
Email address: david.thi@unitcdsiteservices.com
ATTEST:
anuela Giron, Citk Clerk
t0 e
12/30/08 15:29 FAX
IERMS AND CONDIIIONS
PLEASE READ
1 Adaeplaom comomer shelf be deemed to have accepted these [am and
conditions upon the core"[ l0 mile (q two positions days Mew receipt of an
Invoice from Company: (0)delivery of ]Wm of equipment('EquipmsM) idardMed
In Ihls Invoke la the Bile designated In Las Invoice (he'Sgo') and view aaep-
(once thereoti of (III) ack 18dgmMt or other Conduct at Customer Indimbrig
somplama. These terms and conaMans enall supersede any twonslmentlerms
or ere,purahaperorder or Otlerdocumene of Customer
2 paymontTerms Allagrumenleamoub)eglto*prevelbyC=mny.CmI mO
shill pay ell Charged by Company during Inc term (Ina'pmlad') shown in Ihls
Invoice. All Company Invplcee umdue and payabtb upm Cmtomor'smccipl
of the invoice. Cuslomor awll be Ikbla to Campeny for Interest m the rote of
1.5% per manIN or Sw;h leaser able be may be The madmam Iawfol rate from
lime to Ernst, on all overdue 9ostNp. Cmlemer shall pay all additional d,enaes
for wTvIc..spwately ra tmebod hyeueromwarmede narnsuryby Cu61emua
hmachoftheMTermsend0lo dllone Induding bmnotamllptl b,mmMpnlo�
denominate apadlaleaMca chim ee, and epedel dclivCryand remevm chupae
In The event GustomBr'a Rowunl becomes dBanqucnl, Customer agrees to trey
Company et collection vacation; including mps"ble attempted lore
3 Servlpe The Campany orkre serviong man opium wall mabb, Inina ns
d. Damaoa Welver The Company offers a damage waiver program an certain
Equipment customer may rgcllnv Iha damage waiver by gqmpletng and
examdng The apprgprlalc section at Ch. and of these terms and weall-
Ilobs. Union Customer has aalindd die Damage Welverm trials beforelhe
tmnmencsmenl or Me Perlad or when gve business days m the dale of the Star
Invoice to Customer for any Edulpmenl Idenlllled with a Clenno Wprwx an Nit
Invoice, whichever IT later. Company shell Impose, end Cuslom.r.hall pay. any
Damage Waiver lees Indeamd an this Invoice and toWelod Customer has teal
breached any of him terms and eaadllsne)CUSIOm shall have no metwellbgiy
for accidental slmglural damage to the Equipment, EXCEPT p) Codamar shell
bo rabid for then of any Eaulmrent and lw arw buses I45ddeq from any willful
and emplgYcca. and oil if Customer has other Ineurmes covering alien loss or
damage, Customer amen eaerdro erg rights roNleblo to t under ouch insurance,
lake all aellwn noco ear, To W. sucht elurn and sodium won tlmm and pay
any and all pmeeedafmmwNlnwrencelo Company If Gublpmdf destines the
Damage Weaver. Cu9mrlarMell be Ifablatar my lose or damage to One Equipment,
roganleaa Or cause a fault except for reasonable wear and tear and Customer
shall pay Company the actual not of repair or replawrawl test thereof and In
eddmonlhreiO.for COnwmy'sloncfmcofthc>ipmenl, Ingreeventafany
loanofordemagoMlha Equipment,LLc =rdrollpmmpdynetiy Compmyof
such such
l or damage and shall ding poice reMys. Informal
olmlreports reports
asots lam er damage Including wee reports. Infarmel Invest thutd reports
apply to Portable
Tnademega own,whi cdbeca eftoilthictcmmated with
ME
apply le portable lunar. and.m ni do which baaarna Paragraph
iMte I the
haaard.uc mamriais or sonmmpsnla deavlbetl In peregreph 7v/nlle In the
Customer's wsrubl and possession
S. Equipment Leamlian CuahamarWarrmde entl repfnBnld that ll has eserdsatl
rem diligence and cm, In the vacation of the location it has ddslgnbbd for the
placing ofpprleblo talab., lompmary taming portable storage eentommend any
other EgJipmeneprovided by Company, andfurthe ragmes to gate dMeaons aM
eupgrAwille DlsnmeMpfardT wmparary lencing.[.,has containers Durable
Iellale and ether Equlpmenl
6 Equlpmom Roopmmlbgity Companywill deriver the Equipment Is the site at
the cumrnenmmml of Me Peeled and will remove he Equipment M Me and of
the peeled II eaKgnll hem bean ordered by Ctlutuw q Company Wit mTmro
BWdOMMQC aepllc.ramo f'DSW) ham purmblB rmlrooms• If appli=bra M the
not cloy due to a holiday, potential vmathar, or other
Company &hull mrvim the Equipment on one wrong
lane for any servicing. malnlenencearemovelof Edulpmenl Cuafdmwshalf- ot
remove Thu EquOmeni from the Sim and shall not move the Egtdpmenl an the
Sre vAudut "eaten Purnlealah from Company Cuslemer shag nal madly me
equipment. Cuelomersball not fag, not leads or otherwise tow poeramim of
the Equlpmant.norshall Cuslamerpamll amyllan to bdplaced an the Equipment
Cudmnmrac nomoogse that Company has M central oPor Me Irascible liquid.
night by Cualwner, and Cuetemer spree s to comply, at CueMmw or date expense.
wlhanyprdalleppllmblamunldpal couny,slme federelwqunh0wemmeMel
laws, ordinances regulations and guidelines. Including ANSI 5lendmd 24 3 and
me reddlMmehlS offila M de far Clean portable SanitallaM pulghhed by PSAI
#epplooblc
y. EquipmMt CanleMlnallpm Whra portable m l=m w!W are In Cmtomers
ponaludan Guslomudmilpr lanymnlaMnsOonofsuch Wits withdrkon,
mile oliga wreaked
event). Co Ipdcorhazardous vo am (n, chat
gas, DEW
oMMNn and solvent). an Company war not remow any wade pthm
elan DSW from portable andrestint the
Startleipmcnacanlalmdarholl arrahgo a In the
even! Other Waste L- found in Iha Egaipmed. Cuclomw ahae armhg. mo pay
Ins Customer
removal or wch Ole lattice Until tom r Is liable
Weals is camerae,
wanted may not mfmpndle the perletl and Customer It IIeBle far m aenaBB
xwuad during such paned
1. Liability Earept lathe ekmnt Cuelwner le not liable for damage to Equipment
uMer me Damage Wahror program demand In Section a. Cnolomm efyeas te
defend bdemnly arm hold Comyanyharmcav to the matin a , cAw: pMnitted
by law from and far oil claim. lawsuits, damopes, m,pMaM eat omer losses
Bdslrg apt prone rM1el ar use of EgdpmMl delivered to ar rented by Customer.
CNI=Ore obligation vngl apply to the expert prompted by low to of auManm
or Incidents regatdkr of wllether same .awr ee a moult of Cuakmara or Ihbd
pary'a nagligpnca. teal err omen lapel gabrlty. CuolonwavMhavenoohltallnn
tolortho luney(g shad ilINI ea Cmm lOrtIre Bccldmtwmddanlaims
directorsseeployees and agents haeME,unafCommny.Company lallablem,
directors emplonseaanealemaehml. of anal. exemplary
decry or
beldblelo
Cualemer Ire consequential. the
Inddpment clan. exemplary or WnlNve tlanragea
adeingtJlefs r mum creation
Equipment of or or neded dndggUiprT Leman
for arty claims w muses g wed it ct oboe out of man am m the Eto corn l t the
be ou recover from Lbmeeor use
of her Equip In an amount ml !e emeetl the
ommmc paid by GLmanm Tar lee of the Edulpmenl
5 No PromGng Agreed Wan mksom the camplato billing parioda and ere not to
bapmrakd
10. Tenminmldn CamDanymay lmminale this agreement end remove the Equip
Mont Immediately in the evert @ Cementer Wait. To pay any amount.than dne to
Company, O C.smmer Otherwise breaches ar re)etle any M Mesa Tome and
Conditions. (g) them Is any load or or damage to ire EqulpmMD (M try Ilan Is
plaid. or isprdpo#d to M placed, on anymthe Equipment, or (v) a proceeding
to bankruptcy or ter other ItWeeden from credia m Is Commenced by or against
Cualemer. Company shall net be responsible for Iom of any personal properly
an the Slid whlM may be Caused by removal of any of ComDem'c Equipment
famous to glee paragraph
11 Governance Tana epreareantanall mannered In, end commuedin acmmance
shoanca Mlsimalep m.hIchho
oil giving elect id a nY ehdice w err
such amte. in won
nee pemea Milan
r finewdiMcilah ear any side noting It
thlogrlingto Bedh chop. in any. d or action of arompallera. noting he le
and determined
All dolma in o rt 1,1 of Ile eglbr er proar wimp maybe heard
andadamrshag lnarop,. ward r
. farurcby tight he tdcsmdse anyrlthl
-f-rvY dui Shag, obit m i wai+M c wy.thea right hereunder, end a waiver
ofanyn an en cps decagon AN Col genalame a per to Tomas
as an of any such
rightsm) he any WWve ouaB:on All modlllcellore la mesa Tema eat Gndlbns
Mall he M lwalnp
12. TameiFans Cuadmermall pay erry, and all lseeq thrones Low err pormll fees
aning mt d um of the EQu[Pmene Customer shall pay such loxos serener
such less ere shown an this Invited wwh. hersuch laws am later dainea by
a govemannlal euMody. In Iha event dip claim by a gevemmemal doorway fat
fables re)ded to the Equipment Customer Mall pay Ed Company sum mxm an
demand
15 AddlganafTerms Ad"nol Temm and Conditions appyto rental and sml..
Clorego miClockTempomryPoemragmpTha9e Tamw Is Conditions am showna the leek of your eMVeel for Home, himb
14 Errors 6 Omlpslons Cmmpany roe cs Iho dghl m camel any eminedus Iry
ramding thatmay appean r st mere cameyhaddess ofedlnsamount
including wilhoulemaeran CudameYe name err address or Oiling BmaJMe
We Hereby Decline the Damage Waiver Program
Custwwr#
Date
Cusdmpr Npma
e- O- G v/
811e Pm)ect aEvent Address
u �z.v Ce
Sigmund
Dim (/L �p707G9/ I/li//Gc`J
Insurance Cd
Policy#
Rev 0717117111139
United Site Services, Inca
DATE 6/1/2010
Southern California. Division
4511 N. Rowland Ave
M Quotation # 6/1/10jos
El Monte, CA 91731
Unit
Customer ID LAX-54863
d'
(626):523-9851 Fax (626) 454-5916
`°
°..-
e Quotation valid until;
www:unitedsiteservices.com
SITE SERVICES . Prepared by: jacob.sancnez
TERMS: Due Upon Receipt
Bill To Address:
Site Location: (Delivery Location)
Name: Juan Arellano
Name:
Company Name: City of Vernon
Company. Name:
Street Address:
Street Address:. 5119 District Blvd
City:
City: Vernon, CA 90058
Phone: 626-583.-8811 x271
Phone:
Comments & or Special Instructions:
Note: All prices are negotiable and we will
do our best to accommodate your needs at a competitive cost.
* THIS IS ONLY A QUOTE, PLEASE
CALL OR FAX QUOTE BACK SIGNED TO CONFIRM ORDER*
AN ENERGY AND ENVIRONMENTAL FEE OF 7.5% WILL APPLY TO ORDER
Jacob Sanchez JOS TBD
1890
6Ft Chain Link Fence Per Foot
1.65
Y
1
Trip Charge
125.00
Y
THANK YOU FOR YOUR BUSINESS!
DATE: 1-Jun-10 QUOTATION NO. 61111Ojos
1. PAYMENT TERMS: Payment terms will be pre -arranged with customer prior to delivery of equipment(C.O.D. and/or net 10 days from date
of invoice). Customer shall be liable for all taxes,.fees or other charge applicable to this agreement or customer's use of the equipment.
2. USE BY:CUSTOMER:
A. Customer to inspect the equipment and find it to be in good condition and suitable for his, use upon delivery.
B. Customer will permit the equipment to be used only for the purposes for which it was intended.
C. Customer will make no alterations or attachments to the equipment.
D. Customer has chosen the location for installing the equipment and accepts all responsibility in connection with that choice of location
including liability for any damage to underground utilities duringthe installation.
E. Customer will give United Site Services free access to the
equipment at all times over.suitable pavement or other driving surface and will make the equipment available for maintenance at ground.
level without hazard to employees or equipment.
F. Customer will notify United Site Services immediately and discontinue Use of the equipment if the equipment becomes unsafe or in a
disrepair for any reason.
G. Customer will not permit the equipment to become subject to any lien, charge or encumbrance.
3. MAINTENANCE: United Site Services will service the equipment in accordance with the terms set forth on this agreement,
United Site Services obligation to maintain the equipment in good working order under ordinary use is conditioned upon customer's
compliance with the use obligations set forth in paragraph 2.
4. CUSTOMER'S INDEMNITY: Customer will indemnify United Site Services, its employees and agents against any claim, liability, or cost s
arising from this agreement or the use of the equipment, including property damage and personal injuries, except to the extent that such
claims, liabilities or costs are due to United Site Services sole negligence. Customer will promptly reimburse United Site Services for any
damage to or loss of the equipment. Equipment damage beyond repair will be paid for by the customer at replacement cost:
5. DEFAULT: If the customer shall be in default in the performance of any of the terms,. covenants and conditions of this agreement, including,
but not limited to, the covenant for the payment of rent, then at the sole option of United Site Services, United Site. Services may (A)
terminate the tenancy; (B) take possession of said equipment wherever the same may be found, with or without process of law, and for the
purpose may enter upon any premises where the equipment is located; (C) United Site Services shall have lien on the property of the
customer in the equipment pursuant to California civil code section 282, et seq. Which United Site Services may at its sole option exercise
pursuant to the provisions of the California CCP, or alternatively waive.. By execution of this agreement, customer releases United Site
Services and agrees to hold harmless from any and all claims for liability or damages arising or claimed to arise as a result of the options
granted to United Site Services under the terms of this paragraph. Upon default, United Site Services shall retain all. rents, rentals, and other
sums paid by the customer hereunder with respect to such equipment.
6. GENERAL:
A: Without the prior written consent of United Site Services, customer will not.assign this agreement or any rights or obligations hereunder
and will not transfer possession or control of the equipment.
B. The provisions of this agreement can be waived or modified only.by a writing signed by both parties. Failure by United Site Services to
enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned units shall not waive any claims by United
Site Services against the customer.
C: United Site Services shall not be liable for any failure to perform caused by weather, strikes, shortage of materials or other causes
beyond its control:
D. The invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
7. ATTORNEY'S FEES: If any action be filed by any party to this agreement to enforce.any of the terms and conditions of the agreement, the
prevailing. party. in such litigation shall be entitled to recover such additional sum as the court having jurisdiction in the matter may deem
reasonable as attorney's fees.
United Site Services of California. Inc: Company Name: City of Vernon
Jacob Sanchez DATE Authorized Agent DATE
626-523-9851 Fax 626-454-5916
United Site Services -Southern California Division - www.unitedsiteservices.com 2
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. I SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: Fencing for property @ 5201 District Boulevard P.O. NO. 055.0001081
TO: United Site Services, Inc. CONTRACTOR
REQUESTED BY: City
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Replace fencing at 5201 District Boulevard:
574 linear feet of panel fencing and 750 linear feet of 6 ft chain link fencing with 1324 linear feet of 6 ft chain link
fence and 2 6x10 gates for an additional total cost of $369.34
Per quotation number 6/1/10jos (attached).
Resolution No. 2010-57
Contract Amount (Base Bid) ...............................................
$
2,561.44
Amount of This Change Order
$
369.34
Amount of Previous Change Orders
$
0
Total Change Orders .....................................................
$
369.34
Modified Contract Amount
$
2,930.78
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
it o o o unity Services & Water
Date:
Attest:
and Yamaguchi, City Clerk
We, the undersigned Contracto , ave given careful consideration to the change proposed and hereby agree, if this proposal is approved,
that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the
work above specified, and
will accept as full payment therefore the prices shown above.
' -f f1 �j�%11 3_e_ N-tAWI
Accepted Date: d Contractor: 7
C' J'
By: Title: V
c; rroject ruei�ontractortrurcnasing Rev. 03110
i fi py
United. Site Services, Inc.
DATE 6/1/2010
Southern California Division
4511 N. Rowland Ave
M Quotation # 6/1/10jos
El Monte, CA 91731
Customer ID LAX-54863
(626).523-9851 Fax (626).454-5916Gn.i
e.d Quotation valid until:
www,unitedsiteservi*ces.com
SITE SERVICES . Prepared by: Jacob Sanchez
TERMS; Due Upon Receipt
Bill To Address:
Site Location: (Delivery Location)
Name: Juan Arellano
Name:
Company Name: City of Vernon
Company Name:
Street Address:
Street Address: 5201 District Blvd
City::.
City: Vernon, CA 90058:
Phone: 626-583-8811 x271
Phone:.
Comments & or Special Instructions:
Note: All prices are negotiable and we will do our best to accommodate your needs at a competitive cost.
* THIS IS ONLY A QUOTE, PLEASE CALL OR FAX QUOTE BACK SIGNED TO CONFIRM ORDER*
AN ENERGY AND ENVIRONMENTAL FEE OF 7.5% WILL APPLY TO ORDER
SALESPERSON•
SPECIAL EVENT DELIVERY
NUMBER PICK-UP DATE
CODE
DAY DATE
1-k Q� nnhn' I
TQn
6Ft Chain Link Fence Per Foot
er, r, �$ftFSr �s 7vr€.,v.e
Trip Charge
fl�z
THANK YOU FOR YOUR BUSINESS!
DATE: 1-Jun-10 QUOTATION NO. 6/1/10jos
1. PAYMENT TERMS: Payment terms will be pre -arranged with customer prior to delivery of equipment (C.O.D. and/or net 10 days from date
of invoice). Customer shall be liable for all taxes, fees or other charge applicable to this agreement or customer's use of the equipment.
2. USE BY CUSTOMER:
A. Customer to inspect the equipment and find it to be in good condition and suitable for his use upon delivery:
B. Customer will permit the equipment to be used only for the purposes for which it was intended.
C. Customer will make no alterations or attachments to the equipment:
D. Customer has chosen the location for.installing the equipment and accepts. all responsibility in connection with that choice of location
including liability for any damage to underground utilities during the installation.
E. Customer will. give United Site Services free access to the
equipment at all times over suitable pavement or other driving surface and will make the equipment available for maintenance at ground
level without hazard to employees or equipment
F. Customer will notifyUnited Site Services immediately and discontinue use of the equipment if the equipment becomes unsafe or in a .
disrepair for any reason.
G. Customer will not permit the equipment to become subject to any lien, charge or encumbrance.
3. MAINTENANCE:. United Site Services will service the equipment in accordance with the terms set forth on this agreement:
United Site Services obligation to maintain the equipment in.good working order under ordinary' use is conditioned upon customer's
compliance with the use obligations set forth in paragraph 2.
4. CUSTOMER'S INDEMNITY: Customer will indemnify United Site Services, its employees.and agents against any claim, liability, or cost s
arising from this agreement or the use of the equipment, including property damage and personal injuries, except to the extent that such
claims, liabilities or, costs are due to United Site Services solenegligence. Customer will promptly reimburse United Site Services for any
damage to or loss of the equipment. Equipment damage beyond repair will be paid for by the customer at replacement cost:
5. DEFAULT: If the customer, shall be in default in the performance of any of the terms, covenants and conditions of this agreement, including,
but not limited to; the covenant for the payment of rent, then at the sole option of United Site Services, United Site Services may (A)
terminate the tenancy; (B) take possession of said equipment wherever the same may be found, with or without process of law, and for the
purpose may enter upon any premises where the equipment is located; (C) United Site Services shall have lien on the property of the
customer in the equipment pursuant to California civil code section 282, et seq. Which United Site Services may at its sole option exercise
pursuant to the provisions of the California CCP, oralternatively waive. By execution.of this agreement; customer releases United Site
Services and agrees to hold harmless from any and all claims for liability or damages arising or claimed to arise as a result of the options
granted to United Site Services under the terms of this paragraph. Upon default, United Site Services shall retain all rents, rentals, and other
sums paid by the customer hereunder with respect to such equipment.
6. GENERAL.
A. Without the prior written consent of United Site Services, customer will not assign this agreement or rights or obligations hereunder
and will not transfer possession or control of the equipment.
B. The provisions of this agreement can be waived or modified only by a writing signed by both parties. Failure by United Site Services to
enforce any provision shall not constitute a waiver of the provision. Acceptance of the returned units shall not waive any claims by United
Site Services against the customer.
C. United Site Services shall not be liable for any failure to perform caused by weather, strikes, shortage of materials or other causes
beyond its control:
D. The invalidity;.Unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
7. ATTORNEY'S FEES: If any action be filed by any party to this agreement to enforce any of the terms and conditions of the agreement, the
prevailing: party in such litigation shall be entitled to recover such additional sum as the court having jurisdiction in the matter may deem
reasonable as attorney's fees.
United Site Services of California, Inc. Company Name: City of Vernon
Jacob Sanchez DATE Authorized Agent DATE
626-523-9851 Fax 626-454-5916
United Site Services - Southern California Division www.unitedsiteservices.com 2
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET OF SHEETS
PROJECT: Fencing for properties @ 5119 & 5201 District Boulevard P.O. NO.
TO: United Site Services, Inc. CONTRACTOR
REQUESTED BY:
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Change Order No. 2 will serve as an extension to the existing Rental and Maintenance Agreement between the City of
Vernon and United Site Services, Inc. for rental and maintenance services for fencing at 5119 and 5201 District
Boulevard. The extension of said Agreement will also include revised rental, service and replacement costs per
attached Site Service Quotation No. 407-6370 dated December 7, 2010 for fencing at 5119 District Boulevard and Site
Service Quotation No. 407-6371 dated December 7, 2010 for fencing at 5201 District Boulevard.
Services extended for a period of one year effective December 28, 2010 through December 28, 2011 per attached Site
Service Quotation No. 407-6370 dated December 7, 2010 for fencing at 5119 District Boulevard and Site Service
Quotation No. 407-6371 dated December 7, 2010 for fencing at 5201 District Boulevard.
Site Service Quotation No. 407-6370 — 5119 District Boulevard = $2451.00
Site Service Quotation No. 407-6371— 5201 District Boulevard = $1709.25
Total = $4160.25
Resolution No. 2010-57
Contract Amount (Base Bid) for renewal .
$
4,160.25
Amount of This Change Order
$
0
Amount of Previous Change Orders
$
0
Total Change Orders
$
4,160.25
Modified Contract Amount
$
4,160.25
By reason of this change order the time of
will be adjusted as follows:
-completion
Z\1
Approved:ADate: -/2- —2 — D
Di of�ct�f ices &Water
Date: f 2--— r/d
Attest-
il rd Y guchi, City Clerk
We, the undersigned Contractor, have 'v careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
a
Accepted Date: 2� k 5 k c) Contractor:
By:L �1 Title: i
c: Project rile/Contractor/Purchasing Rev, 03/10
United Site Services of California, Inc. _Salesperson Contact
4511 North Rowland Avenue GABRIEL J. GARCIA
El Monte, CA 91731 Mobile: 626-523-9588
UnHaOffice: Fax: 626-454-5916
Quote No.: 407-6370
Sell To: CITY OF VERNON
JUAN ARELLANO
4305 SANTE FE AVE
LOS ANGELES, CA 90058
Cust. #: LAX-54863
Phone: 323-583-8811 X271
SITE SERVICES— Gabriel. Garcia@ unitedsitese rvices, com
Site Service Quotation
Quote Date: 12/07/10
Ship To: CITY OF VERNON
5119 DISTRICT BLVD
VERNON, CA 90058
Terms: Due on Receipt
Quote Expires: 01/07/11
Comments w vi+vciar lnau uauvna
*`*** PRICING IS FOR THE RENTAL OF THE EXISTING FENCE OF 1900' OF 6' DRIVEN FENCE
***** FOR THE FULL YEAR OF "2011" `—
IF THE CITY OF VERNON REQUEST SERVICE TO FENCE $150.00 TRIP CHARGE WILL APPLY, IN ADDITION THE CITY
SHALL PAY THE COST OF NECESSARY MATERIALS IN ACCORDANCE WITH THE FOLLOWING PRICE SCHEDULE. THIS
INCLUDES LOST STOLEN OR DAMAGED FENCE AS WELL AS JUST SERVICING FENCE.
6' CHAIN LINK FENCE $1.B5 PLF
6X10 PANEL $145.00 PER PANEL
T STANDS $50.00
Item Unit Quantity From Thru Unit Price Total Price
6FT Chain Link Rental for 2011 /1890' FT 1,900 12/28/10 12/28/11 1.29 2,451.00 one time
Total: 2,451.00
Accepted: Date:
Remit To: United Site Services, PO Box 53267, Phoenix, AZ 85072.3267
NOTE: Total prices have been calculated for 1 billing period only. Damage Waiver is optional. Please read the
terms and conditions on the last page of this document for more information.
TERMS AND CONDITIONS
1. Acceptance Customer shall be deemed to have accepted these terms and
conditions upon the earliest to occur of. (i) two business days after receipt of an
invoice from Company; (0) delivery of items of eq uipment (' Equipmern') identified in
the invoiceto the site designated in the invoice (the'Site') and use or acceptance
thereof; or (iii) acknowledgment or other conduct of Customer indicating acceptance.
Theseterms and conditions shall supersede any ineonsistentterms of any purchase
order or other documents of Customer.
2.PaymentTeii All agreements are subject to approval by Company. Customer
shall pay all charges by Company duringthe term (the "Period') shown in the Invoice.
All Company invoices are due and payable upon Customer's receipt of the
Invoice. Customer shall be liable to Company for interest at the rate of 1.5% per
month, or such lesser rate as may be the maximum lawful rate from time to time,
on all overdue accounts. Customer shall pay all additional charges for services
separately requested by Customer or made necessary by Customer's breach of
these Terms and Conditions, including but not limited to, movinglrelocatlon charges,
special service charges, and special delivery and removal charges. In the event
Customer's account becomes delinquent, Customer agrees to pay Company all
collection expenses, Including reasonable attorney's fees.
3, service The Company offers servicing as an option on all portable rest -
rooms.
4, Damage Waiver The Company otters a damage waiver program on certain
Equipment. Customer may decline the damage waiver by completing and
executing the appropriate section at the end of these terms and conditions.
Unless Customer has declined the Damage Waiver in writing before the Corn-
mencement of the Period or within five business days ofthe date of the first Invoice
to Customer For any Equipment identified with a Damage Waiver on the invoice,
whichever is later, Company shall impose, and Customer shall pay, any Damage
Waiver fees indicated on the invoice and (provided Customer has not breached any
of these terms and conditions) Customer shall have no responsibility for accidental
structural damage to the Equipment, EXCEPT (i) Customer shall be liable for theft
of any Equipment and for any losses resulting From any willful or grossly negligent
acts or omissions of Customer or any of its agents, servants and employees, and
(ii) if Customer has other insurance covering such loss or damage, Customer shall
exercise all rights available to it undersuch insurance, take all actions necessary to
process such claim and assign such claim and pay any and all proceeds from such
insurance to Company. If Customer declines the Damage Waiver, Customer shall be
liable for any loss or damage to the Equipment, regardless or cause or fault, except
for reasonable wear and tear, and Customer shall pay Company the actual cost
of repair or replacement cost thereof, and in addition thereto, for Company's loss
of use of the Equipment. In the event of any loss of or damage to the Equipment,
Customer shall promptly notify Company of such loss or damage and shall provide
Company with copies of all reports relating to such loss or damage, including police
reports, informal investigation reports and Insurance reports, The damage waiver
described In this section does not apply to portable toilets and containers
which become contaminated with hazardous materials or contaminants de-
scribed in Paragraph 7 while in the Customer's control and possession,
5, Equipment Location Customer warrants and represents that It has exerclsed
due diligence and care In the selection of the location it has designated for the
placing of portable toilets, temporary fencing, portable storage containers and any
other Equipment provided by Company, and further agrees to give directions and
supervise the placement of such temporary fencing, storage containers, portable
toilets and other Equipment.
S. Equipment Responsibility Company will deliver the Equipment to the Site
at the commencement of the Period and will remove the Equipment at the end
of the Period. If servicing has been ordered by Customer, Company will remove
any domestic septic waste ('DSW) from portable restrooms, if applicable, on the
service day(s) scheduled by Company. In the event Company is unable to service
the Equipment on the service day due to a holiday, Inclement weather, or other.
Interfering circumstances, Company shall service the Equipment on the earliest
business day, excluding Sundays, available In accordance with Company's other
service commitments. Company shall be granted access io the Equipment at any
time for any servicing, maintenance or removal of Equipment. Customer shall
not remove the Equipment from the Site, and shall not move the Equipment on
the Site without written permisslon from Company. Customer shall not modify the
equipment. Customer shall not sell, rent, lease or otherwise lose possession of
the Equipment, nor shall Customer permit any lien to be placed on the Equipment.
Customer acknowledges that Company has no control over the use of the Equip-
ment by Customer, and Customer agrees to comply, at Customer's sole expense,
with any and all applicable municipal, county, state, federal or quasi -govern mental
laws, ordinances, regulations and guidelines, Including ANSI Standard Z4.3 and
the requirements of the 'Guide for Clean Portable Sanitation' published by PSAI,
ff applicable.
Rev. 5.0Z
7, Equipment Contamination While portable restroom units are in Customer's
possession, Customer shall prevent any contamination of such units with or from
radioactive, volatile, flammable, explosive, toxic or hazardous materials (including
olls, paints, adhesives and solvents). Company will not remove any waste other
than DSW from portable restrooms and storage containers ('Other Waste"). In the
event Other Waste Is found In the Equipment, Customer shall arrange and pay
for separate removal of such Other Waste. Until such Other Waste Is removed,
Customer may not terminate the Period and Customer Is liable for all charges ac.
trued during such period.
8, Liability Except to the extent Customer Is not liable for damage to Equipment
under the Damage Waiver program described in Section 5, Customer agrees to
defend, Indemnify and hold Company harmless to the maximum extent permitted
by law from and for all claims, lawsuits, damages, expenses and other losses
arising out of the rental or use of Equipment delivered to or rented by Customer.
Customer's obligation will apply to the extent permitted by law to all accidents or
Incidents regardless of whether same occur as a resultof Customer's orthird party's
negligence, fault or other legal liability. Cuetamerwill have no obligation to defend,
Indemnify or hold harmless Company If the accident or Incident wises out of the
sole negligence or willful misconduct of Company. Company, its officers, directors,
employees and agents shall not, under any circumstances, be liable to Customer
for consequential, incidental, special, exemplary or punitive damages arising out of
or relating to the Equipment. Customer's sole and exclusive remedy for any claims
or causes of action arising out of or related to the Equipment shall be to recover
from Company direct damages in an amount not to exceed the amount paid by
Customer for use of the Equipment.
9. No Prorating Agreed upon rates are the complete billing periods and are not
to be prorated,
10. Termination Company may terminate this agreement and remove the Equip-
ment immediately In the event (1) Customer fails to pay any amount when due to
Company, (11) Customer otherwise breaches or rejects any of these Terms and
Conditions, (III) there Is any loss of or damage to the Equipment, (Iv) any lien Is
placed, or is proposed to be placed, on any of the Equipment, or (v) a proceeding
In bankruptcy or for other protection from creditors Is commenced by or against
Customer, Company shall not be responsible for loss of any personal property on
the She, which may be caused by removal of any of Company's Equipment pursu-
ant to this paragraph.
11.Oovernance This agreement shall be governed by and construed in accor-
dance with the laws of the state, shown on the invoice, In which the Company's
place of business is located, without giving effect to any choice or conflict of law
provision or rule that would cause the application of the laws of any Jurlsdlctlon
other than such state. Each of the parties submits to the jurisdiction of any state
or federal court sitting in such state, In any action or proceeding arising out of or
relating to this agreement. All claims In respect of the action or proceeding may
be heard and determined In any such court No failure by Company to exercise
any right hereunder shall operate as a waiver of any other right hereunder, and a
waiver of any right on one occasion shall not constitute a bar to or a waiver of any
such right on any future occasion. All modifications to these Terms and Conditions
shall be In writing.
12. Taxes & Fees Customer shall pay any and all taxes, license fees or permit
fees arising out of use of the Equipment. Customer shall pay such taxes whether
such taxes are shown on the invoice or whether such taxes are later claimed by
a governmental authority, In the event of a claim by a governmental authority for
taxes related to the Equipment, Customer shall pay to Company such taxes on
demand.
13. Additional Terms Additional Terms and Conditions apply to rental and service
of Storage Containers ("Sheds) and Temporary Power equipment. These Terms &
Conditions are shown on the back of your contract for these items.
14. Errors & Omissions Company reserves the right to correct any erroneous
Information that may appear In the Invoice or may have appeared In a prior Invoice
including, without limitation, Customer's name or address, or billing amounts.
15. Conditional Payments Any payment check, or other form of payment that you
send us for less then the full balance due that is marked "paid in full' or contains
a similar notation, or that you otherwise tender in full satisfaction of a disputed
amount, must be sent to United Site Services Inc., 200 Fribarg Parkway, Suite
4000, Westborough, MA 01581. We reserve all our rights regarding these payments
(e.g„ If it is determined there is no valid dispute, or if any such check is received at
any other address, we may accept the check and you will still owe any remaining
balance). We may refuse to accept any such payment by returning it to you, not
cashing it or destroying it. All other payments that you make shall be sent to the
address on the invoice.
United Site Services of California. Inc.
4511 North Rowland Avenue
El Monte, CA 91731
Quote No.: 407-6371
Sell To: CITY OF VERNON
JUAN ARELLANO
4305 SANTE FE AVE
LOS ANGELES, CA 90058
Cust. #: LAX-54863
Phone: 323-583-8811 X271
( 0"
U;niie
SITE SERVICES
Site Service Quotation
Quote Date: 12/07/10
Salesperson Contact
GABRIEL J. GARCIA
Mobile: 626-523-9588
Office: 626-698-3119
Fax: 626-454-5916
Gabriel.Garcia@unitedsiteservices.com
Ship To: CITY OF VERNON
5201 DISTRICT BLVD
VERNON, CA 90058
Terms: Due on Receipt
Quote Expires: 01/07/11
rComments & Special Instructions
****` PRICING IS FOR THE RENTAL OF THE EXISTING FENCE OF 1325' OF 6' DRIVEN FENCE "***
FOR THE FULL YEAR OF "2011" *—
IF THE CITY OF VERNON REQUEST SERVICE TO FENCE $150.00 TRIP CHARGE WILL APPLY, IN ADDITION THE CITY
SHALL PAY THE COST OF NECESSARY MATERIALS IN ACCORDANCE WITH THE FOLLOWING PRICE SCHEDULE. THIS
INCLUDES LOST STOLEN OR DAMAGED FENCE AS WELL AS JUST SERVICING FENCE,
6' CHAIN LINK FENCE $1.85 PLF
6X10 PANEL $145.00 PER PANEL
T STANDS $50.00
Item Unit Quantity From Thru Unit Price Total Price
6FT Chain Link Rental for 2011 / 1324' FT 1,325 22/28/10 12/28/11 1.29 1,709.25 one time
Fencing - 6X10 Gate
EA 2 12/28/10 12/28/11 0.00 0.00 onetime
Total: 1,709.25
Accepted: Date:
Remit To: United Site Services, PO Box 53267, Phoenix, AZ 85072-3267
NOTE: Total prices have been calculated for 1 billing period only. Damage Waiver is optional. Please read the
terms and conditions on the last page of this document for more Information.
t
TERMS AND CONDITIONS
1, Acceptance Customer shall be deemed to have accepted these terms and
conditions upon the earliest to occur of; (1) two business days after receipt of an
Invoice from Company; (ii) delivery of items cf equipment ('Equipment') identified in
the invoiceto the site designated in the Invoice (the'Site') and use or acceptance
thereof; or (lii) acknowledgment or other cond uct of Customer indicating acoeptance,
These terms and conditions shall supersede any inoonsistent terms of any purchase
order or other documents of Customer.
2,PaymentTerms All agreements are subject to approval by Company. Customer
shall pay all charges by Company during the term (the' Period') shown In the invoice.
All CompwV Invoices are due and payable upon Customer's receipt of the
Invoice. Customer shall be liable to Company for Interest at the rate of 1.6% per
month, or such lesser rate as may be the maximum lawful rate from time to time,
on all overdue accounts. Customer shall pay all additional charges for services
separately requested by Customer or made necessary by Customer's breach of
these Terms and Conditions, including but not limited to, moving/relocation charges,
special service charges, and special delivery and removal charges, In the event
Customer's account becomes delinquent, Customer agrees to pay Company all
collection expenses, Including reasonable attorney's fees.
3. service The Company offers servicing as an optlon on all portable rest -
rooms.
4, Damage Waiver The Company offers a damage waiver program on certain
Equipment Customer may decline the damage waiver by completing and
executing the appropriate section at the end of these terms and conditions.
Unless Customer has declined the Damage Waiver in writing before the com-
mencement ofthe Period or within five business days of the date of the first Invoice
to Customer for any Equipment identified with a Damage Waiver on the invoice,
whichever is later. Company shall impose, and Customer shall pay, any Damage
Weinerfees indicated on the invoice and (provided Customer has not breached any
of these terms and conditions) Customer shall have no responsibility for accidental
structural damage to the Equipment, EXCEPT (I) Customer shall be liable fortheft
of any Equipment and for any losses resulting from any willful or grossly negligent
acts or omissions of Customer or any of its agents, servants and employees, and
(il) if Customer has other insurance covering such loss or damage, Customer shall
exercise all rights available to it undersuch Insurance, take all actions necessary to
process such claim and assign such claim and pay any and all proceeds from such
insuranoeto Company. IF Customer decli nesthe Damage Waiver, Customer shall be
liable for any loss or damage to the Equipment, regardless of cause orfauit, except
For reasonable wear and tear, and Customer shall pay Company the actual cost
of repair or replacement cost thereof, and in addition thereto, for Company's Ions
or use of the Equipment. In the event of any loss or or damage to the Equipment,
customer shall promptly notify company of such loss or damage and shall provide
Company with copies of all reports relating to such loss or damage, including police
reports, informal investigation reports and insurance reports. The damage waiver
described in this section does not apply to portable toilets and containers
which become contaminated with hazardous materfats or Contaminants de-
scribed in Paragraph 7 while in the Customer's Control and possession.
6, Equipment Location Customer warrants and represents that It has exercised
due diligence and care in the selection of the location it has designated for the
placing of portable toilets, temporary fencing, portable storage containers and any
other Equipment provided by Company, and further agrees to give directions and
supervise the placement of such temporary fencing, storage containers, portable
toilets and other Equipment.
6. Equipment Responsibility Company will deliver the Equipment to the Site
at the, commencement of the Period and will remove the Equipment at the end
of the Period. If servicing has been ordered by Customer, Company will remove
any domestic septic waste ('OSW) from portable restroome, If applicable, on the
service day(s) scheduled by Company. In the event Company Is unable to service
the Equipment on the service day due to a holiday, Inclement weather, or other
Interfering circumstances, Company shall service the Equipment on the earliest
business day, excluding Sundays, available in accordance with Company's other
service commitments. Company shall be granted access to the Equipment at any
time for any servicing, maintenance or removal of Equipment. Customer shall
not remove the Equipment from the Site, and shall not move the Equipment on
the Site without written permission from Company. Customer shall not modify the
equipment. Customer shall not sell, rent, lease or otherwise lose possession of
the Equipment, nor shall Customer permit any Ilan to be placed on the Equipment
Customer acknowledges that Company has no control over the use of the Equip-
ment by Customer, and Customer agrees to comply, at Customer's sole expense,
with any and all applicable municipal, county, state, federal or quasi -governmental
laws, ordinances, regulations and guidelines, Including ANSI Standard Z4,3 and
the requirements of the'Gulde for Clean Portable Sanitation' published by PSAI,
If applicable.
Rev. e.e.09
7. Equipment Contamination While portable restroom units are in Customer's
possession, Customer shall prevent any contamination of such units with or from
radioactive, volatile, Flammable, explosive, toxic or hazardous materials (Including
olis, paints, adhesives and solvents), Company will not remove any waste other
than DSW from portable restrooms and storage containers ('Other Waste"), In the
event Other Waste Is found In the Equipment, Customer shall arrange and pay
for separate removal of such Other Waste. Until such Other Waste Is removed,
Customer may not terminate the Period and Customer Is liable for all charges as
cruad during such period.
8, Llabllity Except to the extent Customer Is not liable for damage to Equipment
under the Damage Waiver program described In Section 5, Customer agrees to
defend, Indemnify and hold Company harmless to the maximum extent permitted
by law from and for all claims, lawsuits, damages, expenses and other losses
arising out of the rental or use of Equipment delivered to or rented by Customer.
Customer's obligation will apply to the extent permitted by lawto all accidents or
Incidents regardless of whether same occur as a result of Customer's or third party's
negligence, fault or other legal liability, Customerwillhave noobligation todefend,
Indemnify or hold harmless Company If the accident or incident arises out of the
sole negligence or wb161 misconduct of Company. Company, its offloars, directors,
employees and agents shall not, under any circumstances, be liable to Customer
for consequential, incidental, special, exemplary or punitive damages arising out of
or relating to the Equipment. Customer's sole and exclusive remedy for any claims
or causes of action arising out of or related to the Equipment shall be to recover
from Company direct damages in an amount not to exceed the amount paid by
Customer for use of the Equipment.
% No Prorating Agreed upon rates are the complete billing periods and are not
to be prorated.
10, Termination Company may terminate this agreement and remove the Equip-
ment Immediately In the event (1) Customer fails to pay any amount when due to
Company, (il) Customer otherwise breaches or rejects any of these Terms and
Conditions, (III) there Is any loss of or damage to the Equipment, (iv) any Ilan Is
placed, or is proposed to be placed, on any of the Equipment, or (v) a proceeding
In bankruptcy or for other protection from creditors Is commenced by or against
Customer. Company stall not be responsible for loss of any personal property on
the Site, which may be caused by removal of any of Company's Equipment purse.
ant to this paragraph.
11, Governance This agreement shall be governed by and construed In accor-
dance with the laws of the state, shown on the Invoice, In which the Company's
place of business is located, without giving effect to any choice or conflict of law
provision or rule that would cause the application of the laws of any jurisdiction
other than such state. Each of the parties submits to the jurisdiction of any state
or federal court sitting in such state, in any action or proceeding arising out of or
relating to this agreement. All claims In respect of the action or proceeding may
be heard and determined In any such court No failure by Company to exercise
any right hereunder shall operate as a waiver of any other right hereunder, and a
waiver of any right on one occasion shall not constitute a bar to or a waiver of any
such right on any future occasion. All modifications to these Terms and Conditions
shall be in writing.
12. Taxes & Fees Customer shall pay any and all taxes, license fees or permit
fees arising out of use of the Equipment, Customer shall pay such taxes whether
such taxes are shown on the invoice or whether such taxes are later claimed by
a governmental authority, In the event of a claim by a governmental authority for
taxes related to the Equipment. Customer shall pay to Company such taxes on
demand.
13. Additional Terms Additional Terms and Conditions apply to rental and service
of Storage Containers ("Shads') and Temporary Power equipment. These Terms ti
Conditions are shown on the back of your contract for these items.
14. Errors & Omissions Company reserves the right to correct any erroneous
Information that may appear In the Invoice or may have appeared In a prior Invoice
Including, without limitation, Customer's name or address, or billing amounts.
16, Conditional Payments Any payment check, or other form of paymentthetyou
send us for less than the full balance due that is marked "paid in full' or contains
a similar notation, or that you otherwise tender in full satisfaction of a disputed
amount, must be sent to United Site Services Inc., 200 Friberg Parkway, Suite
4000, Westborough, MA 01501. We reserve all our rights regarding these payments
(e.g., if it is determined there is no valid dispute, or if any such check is received at
any other address, we may accept the check and you will still owe any remaining
balance), We may refuse to accept any such payment by returning it to you, not
cashing it or destroying it. All other payments that you make shall be sent to the
address on the invoke.
RECEIVED
CITY OF VERNON �` 1 " 2j'11
COMMUNITY SERVICES & WATER DEPARTMENT COMM"Rita sonf ces
CONTRACT CHANGE ORDER NO. 3 SUPPLEMENT NO. SHEET
PROJECT: Fencing for properties (a, 5119 & 5201 District Boulevard
OF _ SHEETS
P.O. NO.
TO: United Site Services, Inc. CONTRACTOR
REQUESTED BY:
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the rnnirnet
Change Order No. 3 will serve as an extension to the existing Rental and Maintenance Agreement between the City of
Vernon and United Site Services, Inc. for rental and maintenance services for fencing at 5119 and 5201 District
Boulevard. The extension of said Agreement will also include revised rental, service and replacement costs per
attached Site Service Quotation No. 414-10646 dated November 7, 2011 for fencing at 5119 District Boulevard and Site
Service Quotation No. 414-10645 dated November 7, 2011 for fencing at 5201 District Boulevard.
Services extended on a month -to -month basis effective December 28, 2011 per attached Site Service Quotation No.
414-10646 dated November 7, 2011 for fencing at 5119 District Boulevard and Site Service Quotation No. 414-10645
dated November 7, 2011 for fencing at 5201 District Boulevard.
Site Service Quotation No. 414-10646 — 5119 District Boulevard = $204.25 per month
Site Service Quotation No. 414-10645 — 5201 District Boulevard = $142.44 per month
Total = $346.69 per month
Resolution No. 2010-57
Contract Amount Base Bid
for renewal .....................................
$
346.69
Amount of This Change Order
I .............................................
$
0
Amount of Previous Change Orders
I .........................................
$
0
Total Change Orders
.....................................................
$
346.69
Modified Contract Amount
............................................
$
346.69
By reason of this change order the time of n�a
completion will be adjusted as follows:
Approved: Date: f Z —/Z
Di a munity Servic & Water
Attest: Date:
it r ag h , City Clerk
We, the undersigned Contractor, have given ceaf onsideation to the change proposed and hereby agree, if this proposal is a roved, that ill provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all servi reces or the wor ove s 0ed, and
will accept as full payment therefore the prices shown above.
Accepted Date: /Z — �- /� Contractor:
By: LV4e& 417 &Lij/I,AFATitle: 14�4-
c: rruiccr rucrwntracronrurcnasmg Rev. 03/10
OneCompany Rental Quote
Pagel of 2
United Site Services of California.IncSalesperson Contact
4511 Natalie Hinojosa
4511 Monte,
A Rowland Avenue Mobile:
El Monte, CA 91731 {x] Office: 626.698-3057
Fax: 626-4545916
Natalie.Hinojosa@unitedsiteservices.com
Site Service .Quotation
Quote
No.:
414-10645
Sell
To:
CITY OF VERNON
JUAN
4305 SANTE FE AVE
LOS ANGELES, CA 90059
QUOte 11/07M1
Date:
Quote 12/30/11
Expires:
Ship CITY OF VERNON
To
5201 DISTRICT BLVD
LOS ANGELES, CA 90058
N: LAX 54863 Attn: JUAN
Phone: 323-583.8811 Phone: 323-583-8811
Terms: Due Upon Receipt
Comments
& Special
Instructions
"PRICING IS FOR RENTAL OF THE EXISTING FENCE OF 1325' OF 6' DRIVEN FENCE. -PLUS TWO PANELS FOR
GATES
6X10
IF THE CITY OF VERNON REQUEST SERVCIE TO FENCE $150 TRIP CHARGE WILL APPLY, IN ADDITION THE
CITY SHALL
PAY THE COST OF NECESSARY MATERIALS IN ACCORDANCE WM'HE FOLLOWING PRICE SCHEDULE. THIS
INCLUDES
LOST STOLEN OR DAMAGED FENCE AS WEEL AS JUST SERVICING FENCE.
V CHAIN LINK FENCE $1.85 PLF
6 X 10 PANEL $145.00 PER PANEL
T- STANDS $50.00 EACH
TOTAL YEAR $1709.25 /12= $130.976 + TAX 8.75%=$142.44
Item
Fence Rental
EA 112/28/11 Indef
Remit To: United Site Services. PO Box 93267. Phoenix, AZ 85072-3267
NOTE: Total prices have been calculated for t billing period only. Damage Waiver Is opbonsl.
UnitQuanUtyFromThru UnitTotal
PricePrlce
130.975 130.98 per billing cycle
Subtotal:130.98
Tax: 11.46
Total: 142.44
file://HATemporary Internet Files\Content.Outlook\SSCGLJUY\CITY OF VERNON MO... 12/5/2011
OneCompany Rental Quote Page 2 of 2
Please read the tome and condldons on the lent Page of this documentfor more Information.
n
fileWHATemporary Internet FileslContent.OutlooklSSCGLJUY\CITY OF VERNON MO... 12/5/2011
OneCompany Rental Quote
Page 1 of 2
United Site Services of California,
Inc. Salesperson Contact
4511 North Rowland Avenue Natalie HinojosaMobile:
El Monte, CA 91731 rXi Office: 826-698-3057
Fax: 626-4545916 .
Natalie.Hinojosa@unitedsiteservices.com
Site Service Quotation
Quote
No.:
414-10646
Quote
11/07l11
Quote
Date:
Expires:
Sell
To:
CITY OF VERNON
Ship
CITY OF VERNON
To:
JUAN
5119 DISTRICT BLVD
4306 SANTE FE AVE
LOS ANGELES, CA 90058
LOS ANGELES, CA 90068
Cust.
N:
LAX-54863
Attn:
JUAN
Phone:
562-546-0260
Phone:
323-583-8811 X271
Terms:
Due Upon Receipt
Comments
& special
Instructions
"PRICING IS FOR RENTAL OF THE
EXISTING FENCE OF 1900' OF 6 DRIVEN FENCE"
12/30/11
IF THE CITY OF VERNON REQUEST SERVCIE TO FENCE $150 TRIP CHARGE WILL APPLY, IN ADDITION THE
CITY SHALL
PAY THE COST OF NECESSARY MATERIALS IN ACCORDANCE WITHE FOLLOWING PRICE SCHEDULE. THIS
INCLUDES
LOST STOLEN OR DAMAGED FENCE AS WEEL AS JUST SERVICING FENCE.
V CHAIN LINK FENCE $1.85 PLF
6 X 10 PANEL $145.00 PER PANEL
T- STANDS $50.00 EACH
TOTAL YEAR $2451.00112=$187.811 +TAX 8.750/,= $204.25
Item
Fence Rental
UnitQuantityFromThru UnitTotal
PrlcePrice
EA 112/28/11 Inrtef 187.811 187.81 perbnlingcyue
Subtotal:187.81
spied: Date:
Tax: 76.44
Remit To: United SRO 9ervlces, PO Box 63207. Phoenix, A2 86072.3267 Total: 204.25
NOTE Total prices have been calculated for 1 bllling period only. Damage Wahpr Is optional.
Please read the lemle and conditions on the last page of thla domment for more Information.
file://H:\Temporary Internet Files\Content.Outlook\S5CGLJUY\CITY OF VERNON MO... 12/5/2011
OneCompany Rental Quote Page 2 of 2
X
file://H:\Temporary Internet Files\Content.Outlook\SSCGLJUY\CITY OF VERNON MO... 12/5/2011
CITY OF VERNON
COMMUNITY SERVICES & WATER DEPARTMENT
CONTRACT CHANGE ORDER NO. 4 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS
PROJECT: Fencing for Properties (a, 5119 & 5201 District Blvd. P.O. NO.
TO: United Site Services, Inc. CONTRACTOR
REQUESTED BY: City of Vernon
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
Change Order No. 4 will serve as a six month extension to the existing Rental and Maintenance Agreement between the
City of Vernon and United Site Services, Inc. for rental and maintenance services for fencing at 5119 and 5201 District
Blvd. The extension of the subject Agreement also includes itemized fees for rental, service and replacement costs per
attached Site Service Quotation No. 414-30189, dated May 10, 2012, for fencing at 5119 District Blvd and Site Service
Quotation No. 414-30199, dated May 10, 2012, for fencing at 5201 District Blvd.
Services extended on a month -to -month basis effective June 28, 2012 per attached Site Quotation No. 414-30189, dated
May 10, 2012, for fencing at 5119 District Blvd. and Site Service Quotation No. 414-30199, dated May 10, 2012, for
fencing at 5201 District Blvd. The Agreement will expire effective December 28, 2012.
Site Service Quotation No. 414-30189 — 5119 District Blvd.: $204.25 Per Month.
Site Service Quotation No. 414-30199 — 5201 District Blvd.: $142.44 Per Month.
Total Cost: $346.69 Per Month
Total Cost: $2,080.14 (Six Months)
Contract Amount (Base Bid)
...............................................
$
2,080.14
Amount of This Change Order
I ..............................
$
Amount of Previous Change Orders
I .........................................
$
Total Change Orders
I .....................................................
$
2,080.14
Modified Contract Amount
..........................................
$
2,080.14
By reason of this change order the time of
completion will be adjusted as follows:
Approved: Date:
Dire "f'Co u i ervices & Water
Attest: Date: 6
it d anWguchi, City Clerk
We, the undersigned Contractor, have given Consideration to the change proposed and hereby agree, if this proposal is approved; that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as fidl payment therefore the prices shown above. .
Accepted Date: 5/23/12 Contractor: United Site Services of California, Inc.
By: ` —'-- Title: Mark Bartholomew SVP Operations
c: vroject i'ue/uontractoriFurchasmg Rev. 03/10
CONTRACT CHANGE ORDER NO. 5 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS
PROJECT:: Fencing for Properties @ 5119& 5201 District Blvd. P.O. No.
TO. United Site Services, Inc. CONTRACTOR
REQUESTED BY:: City of Vernon
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of:the original contract remain in full force and effect, and apply to the additional work as if said work was originally
inrhviPrl'in,the rnnfrart
Change Order No. 5 will serve as a six month extension to the existing Rental and Maintenance Agreement
between the City of Vernon and United Site Services, Inc. Services extended on a month -to -month basis
effective December 29, 2012 per Quotation communicated December 19, 2012, for fencing rental and
maintenance services at 5119 and 5201 District Blvd, The Agreement will expire effective June 28, 2013.
Services Agreement approved by City Council May 18, 2010 Resolution No. 2010-57
Site Service Quotation — 5119 District Blvd.: $204.25 per month.
Site Service Quotation — 5201 District Blvd.: $142.44 per month.
Total Cost: $346.69 per month
Total Cost: $2,080.14 (six months)
Contract Amount Base Bid ...............................................
$
2,080.14
Amount of This Change Order
$
Amount of Previous Change Orders
$
Total Change Orders
$
2,080.14
Modified Contract Amount
$
2,080.14
By reason of thi's change order the time of None
com lesion will be adjusted as follows:
Approved ti Date:
Direct r ommunity rvic & Water
JDate: '
Attest: v J
ana Reed, Interim City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
`te.
Accepted D Contractor:
C
By: Title:
Ma
c: Project File/Contractor/Purchasing
xev. i ti i L
Contract Extension��a Page 1 of 2
Ramirez, Yesenia
From: Natalie Hinojosa [Natalie. Hinojosa@unitedsiteservices.com]
Sent: Wednesday, December 19, 2012 3:23 PM
To: Ramirez, Yesenia
Subject: RE: Contract Extension CRM:0252377
Rate'stays the same
Thank you
Natalie
From: Ramirez, Yesenia [mailto:yramirez@ci.vernon.ca.us]
Sent: Wednesday, December 19, 2012 3:15 PM
To: Natalie Hinojosa
Subject: RE: Contract Extension CRM:0252377
Natalie,
The current PO is 011.0008141 for June 28, 2012 and will be expiring December 28, 2012. The PO
mentioned below is for the rental dated Dec. 28, 2011 thru June 28, 2012. Will the extension rate remain
as quoted for the current term?
YESENIA RAMIREZ I Administrative Assistant
City of Vernon I Community Services Dept.
(323) '583-8811 Ext. 259 1 FAX (323) 826-1435
From: Natalie Hinojosa [mailto: Natalie. Hinojosa@unitedsiteservices.com]
Sent: Wednesday, December 19, 2012 12:41 PM
To: Ramirez, Yesenia
Subject: RE: Contract Extension CRM:0252377
Hello Yesenia,
PO# 011.0007479 dated Dec 21, 2011 and expiring as of Dec 28, 2012 with the City of Vernon
For the rental of existing fence for address: 5119 and 5201 District Blvd, same services and
terms will be extended for 6 months expiring on June 28, 2013
Please respond to confirm extension
Thank you
Natalie Hinojosa
Account Manager
(U"n"31ted'
United Site Services
4511 N. Rowland
El Monte, CA. 91731
Office:626.698.3057
Fax: 626.454.5916
Email: Natalie. Hinoiosa@unitedsiteservices.com
1/15/2013
Contract Extension
Page 2 of 2
www.unitedsiteservices.com
Service you can trust.
From: Ramirez, Yesen!a[mailto:yramirez@ci.vernon.ca.us]
Sent: Wednesday, December 19, 2012 10:09 AM
To: Natalie Hinojosa
Subject: Contract Extension
Hi Natalie,
The City of Vernon is looking to extend our current fencing contract for 5119 and 5201 District. Blvd. for an
additional six months. The extension will be for the same services and terms. Please provide us with a quote at
your earliest convenience. Thank you!
YESENIA RAMIREZ Administrative Assistant
City of Vernon I Community Services Dept.
(323) 583-8811 Ext. 259 1 FAX (323) 826-1435
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1/15/2013