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HomeMy WebLinkAbout1999 CON Pacific Steel Erection - Donation Roof Las Palmas Score ShackAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PACIFIC COAST STEEL ERECTION SPECIALISTS THIS AGREEMENT is entered into this 9th day of March , 1999 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and PACIFIC COAST STEEL ERECTION SPECIALISTS (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to accept the offered donation and installation of a steel roofing system (see Appendix "A") by the aforementioned Contractor. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by licensing experience and ability to perform the services as specified in Appendix "A", and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 1 Revised 2/97 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". 3. PROJECT COORDINATION AND ADMINISTRATION. Terry McAvoy hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Ron Ball hereby is designated as the Project Director for the CONTRACTOR. 4. LENGTH OF AGREEMENT. Installation to be completed within 15 calendar days from initial demolition. Starting date to be determined. 5. DISPOSITION OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project shall become the property of the CITY for use solely with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, contemplated by this Agreement. 6. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the 2 evised 2/37 CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 7. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 8. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. 3 Revised 2/97 9. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 10. STANDARD OF CARE. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 11. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 4 Revised 2/97 12. HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 13. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 14. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: a. Automobile insurance covering all bodily injury and property 5 Revised 2/97 damage incurred during the performance of this Agreement, with a minimum coverage of $500,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. b. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. c. Workers' compensation insurance covering all of its employees and volunteers. d. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. e. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. f. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. g. If required insurance coverage is provided on a "claims made" 6 Revised 2/91 rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. h. Any aggregate insurance limits must apply solely to this Agree- ment. 15. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including actual attorneys' fees. 16. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association the ("AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject 7 Revised 2/97 matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 17. TERMINATION. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 5- day written notice to the CONTRACTOR. During said 5-day period the CONTRACTOR shall perform all services in accordance with this Agreement. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR shall become the property of and be delivered to the CITY. and tho Iocc any damagoc oauood tho 18. NOTICES. All notices or other communications required or 8 Revised 2/97 permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Ron Ball Pacific Coast Steel Erection Specialists P.O. Box 61 Bonita, CA 91908-0061 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver 9 Revised 2/97 because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 19. MISCELLANEOUS PROVISIONS. a. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. b. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. c. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. d. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. e. Exhibits and Schedules. The Exhibits and Schedules attached 10 Revived 2/97 • hereto are hereby incorporated herein by this reference for all purposes. f. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. g. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. h. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. j. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. k. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to 11 Revised 2/9 any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY CONTRACTOR By: By: �✓t George . Waters, Mayor ( am,�e) (Title) APPRAS TO ORM: By: (Name) George H. Eiser, III City Attorney (Title) \agree\contractor 12 Revised 2/97 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 9, 1999 (-ITEM TITLE ACCEPTANCE OF DONATION ROOF PREPARED BY T. McAvoy EXPLANATION Mr. Ron Ball of Pacific Coast Steel Erectiorj Specialists has offered to donate and install a new steel roofing system to replace the existing roof #tructure on the Las Palmas Pool Snack Bar building. This Resolution would formally accept the donation and stipulate terms and conditions for the installation of the roof. AGENDA ITEM NO. 7 LAS PALMAS POOL SNACK BAR PARTMENT Public Works Environmental Review X N/A Financial Statement No impact. Account No. N/A STAFF RECOMMENDATION Pass Resolution accepting donation. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Letter dated October 20, 1998 Resolution No. 99-25 (Note: The Agreement Is available to view in the City Clerk's Office) 2 A-200 (9/80) RESOLUTION NO.99 —25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION OF A STEEL ROOF, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PACIFIC COAST STEEL ERECTION SPECIALISTS FOR THE INSTALLATION OF THE ROOF AT THE LAS PALMAS SNACK BAR WHEREAS, the roof of the snack bar at the Palmas Park is in need of replacement; and WHEREAS, Pacific Cost Steel Erection Specialists has offered to donate and install a new steel roof, and is qualified to perform such work. NOW THEREFORE, BE IT RESOLVED that the City Council hereby accepts the donation of a steel roof for the Las Palmas Park snack bar, and authorizes the Mayor to execute an agreement with Pacific Coast Steel Erection Specialists for the installation of the roof. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 9th day of March, 1999. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 10i21/98 99:41 3 619 479 1.194 P.C. STEEL EREC r.ni PACIFIC COAST STEEL ERECTION SPECIALISTS, INC. P.O. Box 61 (619) 419-3013 Bonita, CA 91908-0061 fax (619) 419-1104 October 20, 1998 Dear Mayor and City Council, My name is Ronald Ball, President of Pacific Coast Steel Erection Specialists, Inc. I am also the father of two daughters that swim on the National City Swim Club. I was notified by the coach that the roof on their snack bar leaked and was in very bad shape. I told him it would', be no problem for my company to replace the roof that is wood with a metal one that would not decay due to termites. So, on behalf of Pacific Coast Steel Erection Specialists, Inc., I wish to donate to the city a new roof for the swim pool snack bar. The roof structure will be steel and the project will be essentially in accord with the attached drawing. I am submitting a roof drawing and would like the city engineers to review it. If they want the spacing of the purlins to be 4 ft. instead of 5 ft. I just need to know. Also, I would like them to make me a simple drawing that would It me know what they would like to see. The construction work will conform to the National City Building Codes. I have adequate auto insurance, liability insurance, and workers compensation insurance for all employees who will work on the job, and will indemnify and hold the city harmless from all claims occurring from or during the construction and completed _work, except that arising from the negligent acts of city employees. Our auto insurance is with Allstate, policy # 0 14 916155, liability insurance is with Allied Mutual, policy # 698479741, and the workers compensation insurance is with State Fund, policy # 046 006204-98. The value of the completed roof will be S3,700.00 Note - this donation is because I feel very strongly in athletics to help develop the social skills of our young people. ,d,41,7v c>•7� N., PACIFIC COAST STEEL ERECTION SPECIALISTS, INC. P.O. Box 61 (619) 479-3013 Bonita, CA 91908-0061 fax (619) 479-1104 I await your approval. Ronald Ball, President Pacific Coast Steel Erection Specialists, Inc. le/21/9$ 110Th C. ci' l—j NN1flO✓ Ac=1 > J��-- sNei - of dV'a Na P. 04 30 s f -1 L J L J 4 0 L J 69'd 73213 13315 "7'd 691T 62. 6T9 Y Lb:69 66/1L/91 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla - City Clerk (619) 336-4226 Fax (619) 336-4376 March 19, 1999 Mr. Ronald Ball, President Pacific Coast Steel Erection Specialists, Inc. P.O. Box 61 Bonita CA 91908-0061 Dear Mr. Ball: We are enclosing a certified copy of Resolution No. 99-25 of the City Council of the City of National City, which was passed and adopted on March 9, 1999. The Resolution authorized the Mayor to execute an agreement with Pacific Coast Steel Erection Specialists for the installation of the roof at the Las Palmas Snack Bar. As there are changes on page 8 of the agreement which must be initialed by both parties, we are enclosing both original agreements. Please initial where indicated, and return one original copy to the City Clerk's Office in the enclosed, self-addressed, stamped envelope. Thank you in advance for your assistance in expediting this request. Michael R. Dalla City Clerk MRD/mla Enclosures (Two original agreements) cc: Public Works ® Recycled Paper Passed and adopted by the Council of the City of National City, California, on March 9, 1999, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Jerk of the City ldf National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 99-25 of the City of National City, California, passed and adopted by the Council of said City on March 9, 1999. City Clerk of the City of National City, California By: Deputy