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HomeMy WebLinkAbout2003 CON Modular Building Concepts - Temporary Fire FacilitiesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MODULAR BUILDING CONCEPTS, INC THIS AGREEMENT is entered into this 2nd day of December 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Modular Building Concepts, Inc ( "MBC"). RECITALS WHEREAS, the CITY desires to obtain temporary modular buildings for the establishment of temporary fire station facilities. WHEREAS, the CITY has determined that the MBC is a provider of modular buildings, and is qualified by experience and ability to install and rent modular buildings. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage MBC to install modular buildings of the CITY's Public Works Facility, to rent said modular buildings to the CITY, and to remove said modular buildings upon the expiration of the rental period. MBC represents that all services required hereunder will be performed directly by MBC or under direct supervision of MBC. MBC agrees that it shall have a licensed sub- contractor deliver and install the modular buildings 2. SCOPE OF SERVICES. MBC will provide all modular buildings and perform services as set forth in the attached Exhibits "A" — "H". MBC shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from MBC, from time to time reduce or increase the Scope of Services to be performed by MBC under this Agreement. Upon doing so, the CITY and MBC agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 30% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Fire Chief Donald Condon hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. MBC shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for MBC. Mr. Ken Kerper, President thereby is designated as the Project Director for MBC. Agreement between the City of National City and Modular Building Concepts, Inc. 4. COMPENSATION AND PAYMENT. The compensation for MBC shall be based on monthly billings covering actual work performed and lease costs. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit's "A" — "H" shall not exceed the schedule given in Exhibits "A" — "B" (the Base amounts) without prior written authorization from Fire Chief Donald Condon. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" — "H" as determined by the CITY. MBC shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. MBC and the CITY acknowledge that this Agreement is subject to the prevailing wage requirements of the California Labor Code. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by MBC for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement, upon request of the CITY. Contemporaneously with the transfer of documents, MBC hereby assigns to the CITY and MBC thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. MBC shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. MBC agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize MBC's written work product for the CITY's purposes, and MBC expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by MBC shall relieve MBC from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. 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. Neither MBC nor MBC's employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. 2 Agreement between the City of National City and Modular Building Concepts, Inc. This Agreement contemplates the personal services of MBC and MBC'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 MBC and its employees. Neither this Agreement nor any interest herein may be assigned by MBC without the prior written consent of the CITY. Nothing herein contained is intended to prevent MBC from employing or hiring as many employees, or subcontractors, as MBC may deem necessary for the proper and efficient performance of this Agreement. All agreements by MBC with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of MBC or any of MBC's employees except as herein set forth, and MBC expressly agrees not to represent that MBC or MBC's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that MBC, its agents, servants, and employees are as to the CITY wholly independent contractors and that MBC's obligations to the CITY are solely such as are prescribed by this Agreement. 9. LICENSES, PERMITS, ETC. MBC represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. MBC represents and covenants that MBC 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 MBC to practice its profession. 10. STANDARD OF CARE. A. MBC, 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 MBC's trade or profession currently practicing under similar conditions and in similar locations. MBC shall take all special precautions necessary to protect MBC's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, MBC warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning MBC's professional performance or the furnishing of materials or services relating thereto. C. MBC is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project MBC has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless MBC has notified the CITY otherwise, MBC warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by MBC to use due diligence under this sub -paragraph will render MBC liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 3 Agreement between the City of National City and Modular Building Concepts, Inc. 11. NON-DISCRIMINATION PROVISIONS. MBC shall 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. MBC 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. MBC 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. 12. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to MBC certain confidential information to enable MBC to effectively perform the services to be provided herein. MBC shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. MBC shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of MBC, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of MBC without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to MBC by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. MBC shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, MBC shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. MBC shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 13. INDEMNIFICATION AND HOLD HARMLESS. MBC agrees to indemnify, and hold harmless the City of National City, its officers and employees, 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, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of MBC's negligent performance of this Agreement. 14. WORKERS' COMPENSATION. MBC 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense 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 MBC under this Agreement. 4 Agreement between the City of National City and Modular Building Concepts, Inc. 15. INSURANCE. MBC, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. 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. D. Workers' compensation insurance covering all of MBC's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, MBC 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 Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. 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 MBC 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. K. City shall furnish general liability and physical/property damage insurance as set forth in the attached Exhibit "I". City may comply with the insurance requirements set forth in Exhibit "I" by maintaining its self -insured status during the term of the Agreement. 16. 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 attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 5 Agreement between the City of National City and Modular Building Concepts, Inc. 17. 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 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. 18. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to MBC. During said 60-day period MBC shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by MBC in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to MBC as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by MBC, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and MBC shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by MBC's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting MBC; (2) a reorganization of MBC for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of MBC. F. In the event the CITY terminates this Agreement without cause, MBC shall be paid all rent and other charges specified in this Agreement, up to the date the modular buildings are removed. 19. NOTICES. All notices or other communications required or 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 6 Agreement between the City of National City and Modular Building Concepts, Inc. (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 MBC: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Kenneth Kerper, President Modular Building Concepts. Inc. 12580 Stotler Court Poway, California 92064 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 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. 20. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, MBC shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. MBC also agrees not to specify any product, treatment, process or material for the project in which MBC has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. MBC shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. MBC shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which MBC has a financial interest as defined in Government Code Section 87103. MBC represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, MBC shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, MBC shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which MBC shall obtain from the City Clerk. MBC shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by MBC. 21. 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. 7 Agreement between the City of National City and Modular Building Concepts, Inc. 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 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, together with all attached exhibits, supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 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 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 By: APPROVED AS TO FORM: George H. Eiser, III City Attorney 8 MODULAR BUILDING CONCEPTS, INC. (Two signatures required for a corporation) By: By: Kenneth Kerper, President KEN iKef ( Name) P,, (Title) Agreement between the City of National City and Modular Building Concepts, Inc. EXHIBIT "A" — TEMPORARY FIRE STATION MODULAR BUILDINGS Modular Building Concepts, Inc. will provide the following goods and services in accordance to price quotes listed in Exhibit "B". 1. One 12-foot by 60-foot (#459) and One 24-foot by 60-foot (#190/93) Modular Units. 2. One 12-foot by 60-foot (#1260) Modular Unit. 3. Two 12-foot by 40-foot (#1240) Modular Units. 4. All units to be delivered to the City of National City Public Works Facility, set-up with seismic tie downs, steps, and skirting installed. 5. All units to be delivered and set-up as described in "Site Plan", Exhibit "G". 6. Stairs, platforms, and related items to be included in delivery and set-up as per Exhibit „G„ 7. Lease Term shall be twelve (12) months followed by a month -to -month option not to exceed a six-month period. 8. Monthly lease costs plus damage waiver for all units is $2,890 plus $287. 9. Cost for delivery/set-up/skirting/seismic tie-downs/steps shall be as stated in Exhibit „B„ 10. Delivery of units to site shall occur the week beginning December 22, 2003, and be completed on or before December 30, 2003. 11. Final installation work shall be coordinated with the National City Public Works Department and completed prior to January 12, 2004. 12. Cost to dismantle and return units and related accessories shall be as stated in Exhibit "B" and shall be completed within 60-day notice by the City that the lease will end. EXHIBIT "A" v CO 1-6 0 N Prevailing Wage Pricing National City Fire Department (Summary of Charges) Modular Building Concepts, Inc. 12580 Stotler Court, Poway, CA 92064 . 24x60 Dorm & 12 X 60 Shower /Restroom 12x60 Office 12x40 Equipment 12x40 Storage Int of Months I -I CO Monthly Charges Monthly Lease Rate $2,890 $34,680 Physical Damage Waiver Deliver $1,405 Set Up $3,384 11/19/03 Revised 11/19/03 to include prevailing wage rates for on site work One Time Charges Install Tie Downs $8,960 Install Skirting $13,280 Dismantle Trailer $3,384 Remove Tie Downs $2,560 $1,858 Return Delivery $1,405 Standard Steps Install (2) exterior doors in 24X60 only & remove a lease end $2,688 Miscellaneou_ a Charge smi • • 1) Construct and dismantle at lease end 6 x 20 wood deck: not required per Randy Kimble 11/19/03 co 2) Install (2) 3 exterior doors in the 24 x 60 and remove at lease end per quote dated 10/2/03 - $2688 + tax (included in above prices) Note: 1) Prices exclude tax. Site must be flat, level, and accessible by truck and trailer. Special handling (if required) will be an additional charge. Removal or installation of axles, tires, or hitch (if required) not included. If site conditions or National City Fire Department require removal of running gear the following charges will apply: Remove or install hitch - $120 each, remove or install axles - $120 each, remove or install tires - $16 each. Jacking into or out of position on site (if required) not included in above noted pricing. The dismantle and return delivery charges are an estimate only since site conditions can change in 12 - 18 months. 2) Lessee may continue to lease these units on a month -month basis at the end of 12 months for the same rate summaryofcharges.xls $38,924 0 0 cc 0 a SJ4 DNOO Bali xV1nnnw ro _12/0./0j 17: i PAX 610 596 4327 C111 01-' NAriUNAui Cl"1"Y To: 1.0 George Esser From Ken Kerper compat City of National City Page= 4 Fa= ' 619336.4327 Cab% December'', 2003 Re: Renting of Temporary Trailers to the Fire Department . Comments: Thank you, _,-Z-)., .24e, 9 Ken Kerper i�!'6iD President p.s. — 1). I signed the agreement assuming the above noted stipulations will be included in the agreement. 2), Your agreement included an old floor plan for the 24x60. The plan was revised on 9/23/03. Attached is a copy for your records. Thank you for sending the revised contract. Per your cover letter, we will need to move back the delivery date. As I mentioned previously, the 24x60 required extensive tenant improvements and we cannot proceed with the work until a formal contract is received. The work is expected to take approximately 2 weeks. Therefore. if a P.Q. or contract is received 12/2/03, we expect to -commence with delivery on or around 12/16/03. Regarding insurance, attached is a standard certificate request Please have your insurance department provide MBC the required coverage. My insurance company will be sending you an insurance certificate in accordance with section 15 of the contract. As discussed before, there will be a $350 charge for e coverage. EXHIBIT "B" Page 2 of 2 Z00'd FJSS,C0 S0/SZ/0T seTT-eLs<ess) .."tad.aa>{ tray Floor Plan Revised 9/23/03 ”D. IIEIIHX3 N N Dorm 1 Dorm 2 Dorm 3 Breakroom 12'x40' Dorm 4 nation12 15' >1< 10' ©9 • Unit #193 Dorm 5 Kitchen Unit #190 Dorm 6 10' * 15' * 10' -- 60' 6'3aBe and upper cabinet with double bold sink water theater and garbage disposal by MSC. Standard F9ah0193 Roan 28 ez.Commerdel grade carpeeng Wads.. .... 1/4 pnflnhhadwood panelGag Cs1Rn9 ._........._ 6' suapeadad acoustical ceRng Roo/30 Ge. privanlzed metal roof Siding __ ..... 518' T1-11 plywood (or ague/Mend 8' o.a. Doors ..,-_........ • 3k89• metal dad hollow core with dead bolt i Client d+ o• Refrigerator and range by dant NOTE. COW rasponst• for range hood,. end the pMWecIng wah u needed Wfndewa........ 46'49" a ding windows wm, bronze gwi* um f amea Lublrng ...__. _ Yx4' recessed fluorescent light fl+dwas HVAC .--.—..... Elec 1ohsallm and worm (Appro(12,009 BTU per 250 eq. ft.) ln,W*Von Flow: R-11, Exterior Wails : R-11, Roof : R-19 21ecHied..,..... Single ghats, 100 Imp sob psnel(s),11 o V duplex receptacles Cods Cerieenia Net of Housing (DOH) type 5, ron rated, 13-2 commercial coach Revised 3/23/03 National City Fire Dept Size 24x60 Unit # 190/93 Date 9/22/03 Modular eu6dlnp Conceals 12650 Slaw CL Poway Ca, el064 P11 (05e) 679.11ee Fr (651)67 I4e04 Dlrnenalons Ara Approximate. Features subject la Mange. „an iI9IHX3 16' -- >< - 12' > Locker Area or ? 60' E 9' 13' IX FE' ,o 4? Restroom Area Sinks Shower Area Standard Features Floors Commercial linoleum (shower area), Commercial tile elsewhere Walls FRP (shower/restroom),1/2" vinyl covered drywall elsewhere Ceiling 8' suspended acoustical ceiling Root 30 Oa. galvanized standing seam skiing 5/8" T1-11 plywood (or equal) grooved 8" o.c. Doors 3'xt3'8" metal clad hollow core with dead bolt roS 10' Locker Area or ? Windows 385x12" obscured eliding window with bronze aluminum frames Lighting 2'x4' recessed fluorescent light fixtures HVAC Electric heating and cooling, Size: 4 - Ton insulation Floor : R-11, Exterior Walls : R-11, Roof : R-19 Electrical Single phase, 200 amp sub panel, 110 V duplex receptacles Code Cal. Dept. of Housing (DOH) type 5, nod rated, B-2 commercial .coac Client National City Fire Dept. Size 12x60 Unit # 45'9 Date 9/22/03 Modular Building Concepts 12580 Stotler Ct. Poway Ca. 92064 Ph (858) 879.1185 Fx (858)6794804 Dimensions Are Approximate. Features subject to change. En2a njn 2CQ Modular Building Concepts, Inc. Ph. (054) e79.1te5 Fax Mae) e76•esed IE Au _I8IHX] ION �arzeuuc� ' WOars ...... commercial grade de Wells ,,,,,,,,,,,,,,-IX' prefinishod wood Dandling Calling..•.,..._.,,,8'suspended acoustcal oelang Roof 3D Ga. gaivanked metal roof Siding...._..._,5r8' T1.11 plywood (or equal) grooved 8'0.c. Doors .-.-3k8'8" metal dad hollow core with dead bolt Model 1260 Q k 60• Model 1030 St ndard Models (Model 820 - 1260) Windows 4e"x3P eliding windows with bron:e•afuminum frames Lighting 2'x4'recessed fluorescent Tight fixtures KVAC Eleatic heating and cooling, (Approx 12,000 STU per 250 sq.1t. J insulation ,Floor : R-11, Exterior walls : R-11, Roof : l -11 Elacfrical 110208 V single phase 100 amp sub panel,110 V duplex receptacles Code California Dept. of Housing (DOH) type 5, non rated. D-2 commercial coach Model 1240 :30' M rV Randy • Approximateryhalf of my 12x40's have a partition as shown above. Since you prefer a'shell' I will Try to locate one for you. Model 820 k 20' k Spedfonices snd Ogee plant tabJec gdarps Dlmenlions a re arpradrate. flap:wens not Inckshd. OtMons Eva Ibtia on n ,ost Modular Building Concepts, Inc, 12$60 Stotler Cl Poway, California 92054 Ph. (858) 079.1105 Fax (B5810704004 AlLatatZtAtaim Roots ....-..,„,NB" commercial grade lite Walls 114" prertnishotl wood panelling Wing ........ -8' suspended acoustical °telling Roof 30 Gs, galvanized metal roof Siding ...._518" Till plywood (or equal) grooved 8" at. Doors .., 3k815" metal dad hollow core with dead bolt Standard Models (Model 820 - 1260) Wlndowr .48"x39'sliding windows with bronzteatuminum frames Lighting 274' recessed fluorescent light Axtures HVAC Eigdria heating and Cooling, (Approx 12,000 BTU par 250 sq.1t.) insuistlan Thor : 13-11, Exterior Walls : R-11, Roof : R•11 Electdesl 1101208 V single phase 100 amp sub panel,110 V duplex receptacles Coda Cairomia Dept. of Housing (DON) type 5, non rated. B-2 commercial mach A. IISIHX3 Model 1260 Model 1030 30' )1 Model 1240 Randy • Approximatety half of my 12x40's have a partition as shown above. Since you prefer a'shell' I will try to locale one for you, Model 820 -«Inc SpeGrgaaas and Boat IIIV'i, sa01.101b champ,. OlmMeions are epprcairele. ftea71/0113 rr%inc4ded. Optlors eve Ierle M rretue11. 09/22/03 MON 11:02 FAX 858 679 6804 MODULAR BLDC CONCEPTS Gong Modular Building Concepts, Inc. Quotation Terms and Conditions Construction Standards and Codes Proposal based on a California Department of Housing (D.O H.) approved, Type V, non -fire rated, B-2 occupancy, Tide 25, commercial coach and Modular Building Concepts. Inc. (hereinafter referred to as "MBC, Inc.") standard consbuction, finisbes and colors unless otherwise stated- Each structure will bear the California D.O.IL insignia certifying State compliance Design and coashuction wili be in accordance with typical industry standards and this roost recent version of the Uniform Building Code (11.11C.), Uniform Mechanical C' (V.M.C.), and the National Electric Code (N.E.C) as rt..# by the California D_e 1mcnt of Housing (D.O.H.). Specifications, floor plan, method of installation, and pricing, subject to change accon ing to D.O.H. and local Building Department requirements. Sprinkler systems (if requked) not irsluded. Fire protection systems (when requested) will be in conformance with D.O.H. Standards only. Modular Building Concepts, Inc. Scope of Work Modr,Iar Building Concepts, Inc. is responsible for providing and installing a Department of Housing (D.0.1L) approved structure on a steel pier and wood pad "foundation" only. Client shall be responsible for; all site developmcn; utility connections, handicap access, permits and ',vita fees, providing safe access to site for delivery of atnectme and determining local code requirements. Code Compliance Statement MBC, Inc. is not responsible for code compliance with any regulatory agency other than CaFifornia D.0.11. Compliance with special code or requirements duo to occupancy or use of such stuctre will not be the responsibility of MBC, Inc. without prier knowledge in writing. Compliance with any other code regnirem nts, i.e.: city or county, will require complete information or specifications in writing prior to bidding and/or engineering. Compliance with local Foe Marshal shall be be client's responsibility. Permits/Inspections Building permits, installation permits, electrical permits, sewer and water peanuts, permit fees, requirements resuhmg from permits and on site inspection fees by Department of Honsia& of any agency, are syaifnalty excluded. Drawings standard will be with each new slmcture if required. Additional drawings, "wet stamped' drawings or eagineenng for structure will be extra. . Drawings or engineering for tamps, decks, steps, foundation,, or tie downs will be an additional charge. Delivery/ Return Delivery Pilot cars, transporiadon permits, traffic control fees, or permit fees of any kind are not included. Overwidtt structures, overheigbt structures, reante sites or additional equipment, lacking iota position, pilot cars or peaaits. Frey for thfar work shall bean adds with limited mess may require special handling, shall b� no lam than 10 days after factory campkfiottor upon a delivery and cost - the i sit hIf MSC. Inc. occurs fEat. On i new stock" unit a for a shelllient, billing of signed lease or upon delivery and set-up, delivery set -op m site, whichever actors fit On `b onus, billing Shall r„s„rr^rra•� 10 days after receipt whichever oceuas fastSet-Up Set-up includes placing the structure en a steel pier and single wood pad "foundation" with piers C io 8' on center. Site must be fat and kvel within 2" is sH directions, accessible by truck and coach without special handling, free from tilt obstructions (am buildings, cars, trees:fencer, etc.), and capable of adequately supporting the entire structure. Miaimam m e:aired soil compaction is 1,000 p s.i EXCLUSIONS: Skirting, tie downs, coaaetn formdetiou, jacking strict use into position, use of forklift or crane, removal of liras, wLwls, axles or ]ash, raising or Iowo_»mg of structure, setting building below grade, prevailing wages, stand-by time, crate approved foundation, on site inspection fees, retrying tires, wheels, aides, or hitch to MBC, Inc. Settling of coach is not covered under MBC, Inc., wesaty. Maxitimm floor height above grade is 36". Instafatiens exceeding 36" may be an additional charge. NOTE: Ifkcall trading department requires a change from MBC lnc's standard set-up, costs will be based on scope of wodc and billed to the client. Additional charges for Set -tap & dismantle all are based onDetermining additional installation or dismantle charges in advance die to "nos standard" conditions is impractical. Therefore, aq "normal" conditions where site is flat and level within 3" it all directions and rxesshie by truck. The following puammm estiutattd charges znay be used as guidelines: Actual coats will be based on scope of work and time and materials. Remove or install tiro SI5 ea., Remove or install axle: $75 ea, Remove or install hitch: S75 ea., Lower or raise unit 6"-I13": S100-125 per "floor", Jack unit into position: $75-125/111-. per 'floor', Rental of forklil and operator: S2550- 3501day, Instal/ seismic tie downs: $65-75 ea., Remove seismic tie downs: S15-20 ea., Lista)I adoring: S12-14 lin.ft, Remove skits st2-1 ors, wood pads halt Pilot car: Sl25hnile each ear (Min. $125), TransportationI t: S75 per "fohi".. Engineer approved "wet stamped" foundation plans g piers, & seismic tie downs: 595 ea-,)3011 approved plans for new units: S125 ea. SeisdsaicTie Downs If tie downs me required, prices will be based oat installation is dirt and acceptable skean conditions (no rocks or excessively hard soil). EXCLUSIONS: engineered pines or calculations, pull out teats, foils test, removal of tie dawns, patching of asphalt or concrete after removal not included. and of all underground utilities. MBC, inc. highly recominerds contacting "Dig Akrf' st ]east 3 days prior Client is m ins responsible for determining demne elxist' any in data or irrigation lines. MBC, Inc. or bear contracts will not be re pe down for any eta to es to or liability bili y from of any iound gas, water,sand electric,tie phone, and local building code. responsible for any damages to or }iabifity firm hitting utility lines. Quantity o€ tic downs based on manufacturer necommxxndm'ioas Installation of tie downs in concrete or asphah will be extra. Utilities pLUMBINO - Connection of sewer and water lines excluded. All iinesntubbed blow floor only. Client is responsble for labor and materials to manifold and coaneci to rouge. ,u ca=t Waive .::..• r•=r-• ` e;nr. may damgge plumbing and or fixtures. Cheat is mwpu table for all damages and repasts. to source excluded. Multi -unit structures requite interconnecting of sub -panels. ban. anouction of sub - ELECTRICAL - Connection p n electrical deed.sub-nels motion to panel may damage HVAC, electrical or righting systgm. Client is panels or mail distribution pond not included. Incorrect service or improper responsible for all damages and repairs. Disoaantie Dismantle is for a "typical" dismantle. EXCLUSIONS: Jacking oat of position, raising or lowering strnemre, metal of forklift or crane, installation of tires, wheels, tastes, bitch, removal of; skirting, tie dawns, foundation, deck% ramps, steles, awniags or say other items on or around unit Client responsible for disconnecting utility lines and returning wait in the same condition as received (less normal wear and tear), and damages and cleaning charges Steps and Ramps or unstable, client is STEPS - Not included. Temporary metal steps are rvailalde for an additional fee. If site is uaevd and 1.03C steps are too *Mow responsible for securing step and/or providing safe access. Client shall not modify AMC steps. If steps are net returned will MUM., Client will be chi wed a pick-up fee. Client is responsible for meeting all ADA and OSHA entranedexit requirements. Steps are not OSHA compliant. RAMPS/DECKS - Not included. EXHIBIT "G" e Station 34 Temporary Quarters National City Public Works Compound 10/9/03 Faze between Psra&sa Conk t PHYant 4 Font bstanat fame s— urea 20 fed bewtaen amtdgmterbin and modular unit NORTH Hecbicat Sub Pawl100 AMP, single --- phase Police_: " Sea:' wa Panel f2fedb"ta t�5m2rea me AMP. single modutx unit Pt" Etstrrcal Sub Panty a 10U/deP, Sa.04a Fuel PurrA S"Cu, Pfose 55 NIzakarRo Morns, Tat 456 Captain Office! RaPnn Waling F Sand a GranW sbgge 88 feet �.�9eCal Sub Pawl MID, sin* Abase �Tddffi Captain Meal RaPnet Wiling 95 feet 49.eoia ; Sub Panel WO uMa,sipe EXHIBIT "H" Modular Building Concepts ••• 12680 Poway (858) 679-1185 Stotler California fax 679.6804 Court 92064 Modular Building Concepts Certificate Insurance Requirements Client : National City Fire Department Unit # : 035/6, 090, 091a, 330,459 1) General Liability - $1,000,000.00 and 2) Physical/Property Damage - Fire, Theft, Collision, Acts of God 3) Modular Building Concepts to be named as Additional Insured and Loss Payee in regards to the office trailer and general liability: 4) Location — Pending 5) Cash Value of Unit(s) - Modular. Building Concepts 12580 Stotler Court Poway, CA 92064 Phone: (858)679-1185 Fax: (858)679-6804 #035/6 45,270 #090 15,095 #091a 16,540 #330 22,880 #459 57,700 6) Serial Number(s) — 056005/6 Unit Number(s) 035/6 122488 090 16316 091a 23387 330 1059-02 459 7) Size(s) — (2) 12x40, (2) 12x60, (1) 24x60 Please forward the above 'noted requirements to your insurance agent. This information is required immediately. Insurance may be faxed to Modular Building Concepts at 858/679- 6804. FAILURE TO RECEIVE INSURANCE WILL DELAY DELIVERY. H:\OFF2000 MEIC1MBCFORMSUNsRJ'Q.00C EXHIBIT "I" 1700'd flit. -tt0 E0/LZ/0T SBT1-6L9(8S8) -Led-tax uem MEETING DATE 11/1-1/01 City of National City, California COUNCIL AGENDA STATEMENT 'k3 AGENDA ITEM NO. 5 / ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT Bir1'WEEN THE CITY OF NATIONAL CITY AND MODULAR BUILDING CONCEPTS, INCORPORATED FOR TEMPORARY FACILITIES DURING CONSTRUCTION OF THE NEW HEADQUARTERS FIRE STATION PREPARED BY Randy Kimble, DEPARTMENT City Manager Assistant to the City Manager EXPLANATION The Fire Department will require temporary facilities during construction of the new fire station. The temporary facilities will consist of five (5) modular buildings and will be located at the Public Works Facility. The modular buildings will be leased and the total price will include delivery, set-up, and related services provided by the leasing company. Selection of Modular Building Concepts, Incorporated as the provider was based on total costs including monthly lease payments and associated delivery and set-up costs. Refer to Attachment "A", Cost Model Analysis. The term of the lease is twelve (I2) months with a month -to -month lease option not to exceed six (6) months. Twelve (12) month lease cost including damage waiver is $38,124. Delivery, set-up and related costs, including tax, are $39,834. The units will be delivered and set-up during the week of December 1 — 5, 2003. The Fire Department will move operations from the Headquarters Fire Station to the temporary facility on January 12, 2004. (Environmental Review x N/A Financial Statement Funds in the amount of $77, 958 for a twelve (12) month lease are available in account #250-409-500-598-1588. >STAFF RECOMMENDATION ;? IBrenda dies,'VpThasing Agent Steve Kirk : ck, Acting Public Works Dir. fq/aa/y Donald Condon, Acting Fire Chief BOARD / COMMISSION RECOMMENDATION Approve Resolution. N/A Account No. ATTACHMENTS ( Listed Below ) A. Cost Model Analysis. B. Agreement between the City of National City and Modular Building Concepts, Inc. C. Resolution authorizing the Mayor to sign a Lease Agreement with Modular Building Concepts, Inc. Resolution No. inn 3-153 A-200 (9l80) RESOLUTION NO. 2003 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MODULAR BUILDING CONCEPTS, INC. TO PROVIDE TEMPORARY MODULAR BUILDINGS WHEREAS, the CITY desires to employ a CONTRACTOR to provide temporary modular buildings for the establishment of temporary fire station facilities during construction of the new fire station headquarters; and WHEREAS, the CITY has determined that Modular Building Concepts, Inc. is a provider of modular buildings and is qualified by experience and ability to perform the services desired by the CITY, and Modular Building Concepts, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Modular Building Concepts, Inc. to provide temporary modular buildings for the establishment of temporary fire station facilities during construction of the new fire station headquarters. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 11`h day of November, 2003. Nick Inzunz a ATTEST: Michel Dalla, City Cj rk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 11, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California (I sd City erk of the City of f tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-153 of the City of National City, California, passed and adopted by the Council of said City on November 11, 2003. City Clerk of the City of National City, California By: Deputy Modular Buildings - Temporary Fire Station 10/20/03 Two quotes received with a 36 x 60 unit(s) including kitchen, bath, dorm area modeled for cost analysis. odular Building Concepts Unit Function Unit Size Square Feet RentITerm months Mo. Rent Delivery Set-up Damage Waiver/M o Seismic Tie Downs Skirting Occ Rating Offices/Day Rm 12 x 60 720 12 345 235 125 34 1,260 1,800 B-2 Storage 12 x 40 480 12 295 235 95 29 840 1,300 n/a Storage 12 x 40 480 12 295 235 95 29 840 1,300 n/a Kitchen/Dine/Dorm 24 x 60 1,440 12 1,955 700 3,248 195 2,660 3,900 B-2 Restrooms/Showers/Locker 12 x 60 720 ;;;; ,,,,,,, ,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, B-2 Misc platforms/stairs, etc 11,490 Sub Totals 3,840 $ 2,890 $ 1,405 $ 15,053 $ 287 $ 5,600 $ 5,887 Total 12 Month Costs (rent/damage waiver) $ 38,124 Sub Total 72,351 Delivery/Set- up/Skirting/Steps/Seismic tie downs $ 27,945 Tax 5,607 Dismantle/Removal 6,282 Grand Total 77,958 Availability: 30 days Mobile Modular Kitchen/Dine/Dorm 36 x 60 2,160 18 4,685 1,542 3,218 Not Avail 2,060 1,747 R-3 Restrooms/Showers/Locker Availability: 72 Days uotes on a 36 x 60 unit with kitchen, bath & dorm areas: Modular Concepts 36 x 60 2,160 12 1,955 700 14,738 195 2,660 3,900 Mobile Modular 36 x 80 2,160 18 4,685 1,542 3,218 Not Avail 2,060 1,747 Cost Modeling on a 36 x 60 Kitchen, bath, dorm area unit @ 12 Month Lease period with set-up: Totals Modular Concepts 23,460 700 14,738 2,660 3,900 45,458 Mobile Modular 56,220 1,542 3,218 2,060 1,747 64,787 v wimp -env cpuaSy City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: City Clerk FROM: City Attorney SUBJECT: Agreement with Modular Building Concepts, Inc. DATE: December 4, 2003 Transmitted herewith are Resolution No. 2003-164 and the original executed agreement with Modular Building Concepts, Inc., approved by the City Council at their December 2 meeting. GEO GE H. EISER, III City Attorney GHE/gmo Attachments cc: Acting City Engineer Risk Manager ® Recycled Paper