HomeMy WebLinkAbout2009 CON Belfor Property Restoration - Removal of Growth on Bindings of Historical NewspapersAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY — NATIONAL CITY PUBLIC LIBRARY
AND
BELFOR PROPERTY RESTORATION
THIS AGREEMENT is entered into this 8th day of January, 2009, by and between
the CITY OF NATIONAL CITY - NATIONAL CITY PUBLIC LIBRARY, a municipal corporation (the
"CITY"), and BELFOR PROPERTY RESTORATION, a CONTRACTOR.
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide removal of
visible growth on the bindings of archived historical newspapers.
WHEREAS, the CITY has determined that the CONTRACTOR is a property restoration
and is qualified by experience and ability to perform the services desired by the CITY, 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.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set
forth in the attached Exhibit "A ".
The CONTRACTOR 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 CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep
staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time
reduce or increase the Scope of Services to be performed by the CONTRACTOR under this
Agreement. Upon doing so, the CITY and the CONTRACTOR 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 5% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Mary Allely, Local History Room Librarian, 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. Danny
Carter thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall
include labor classifications, respective rates, hours worked and also materials, if any. The total
cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A " (the
Base amount) without prior written authorization from the City Librarian. Monthly invoices will be
processed for payment and remitted within thirty (30) days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A"as determined by the CITY.
The CONTRACTOR 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.
5. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement and the amount of compensation due.
In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONTRACTOR in this
Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10)
business days, the CONTRACTOR and the CITY shall each prepare a report which supports their
position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONTRACTOR.
6. LENGTH OF AGREEMENT. Completion dates or time durations for specific
portions of the Project are set forth in Exhibit "A".
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTORfor 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.
Contemporaneously with the transfer of documents, the CONTRACTOR hereby
assigns to the CITY and CONTRACTOR 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. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work
product for the CITY's purposes, and the CONTRACTOR 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 the CONTRACTOR shall relieve the CONTRACTOR 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
2
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.
8. 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 the CONTRACTOR nor the CONTRACTOR'S
employees are employee 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, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the 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,
or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient
performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s)
shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement.
9. 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.
10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of
National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its
subCONTRACTORs, shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
11. 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.
12. STANDARD OF CARE.
A. 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 CONTRACTOR'S trade or profession currently practicing under
similar conditions and in similar locations. The CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR'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.
3
B. Unless disclosed in writing prior to the date of this agreement, the
CONTRACTOR 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 the CONTRACTOR's professional performance or the furnishing of
materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONTRACTOR 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 the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR 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.
13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR 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. 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.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTORcertain confidential information to enable the CONTRACTOR
to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such
information as confidential and shall not disclose any part thereof without the prior written consent
of the CITY. The CONTRACTOR 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 the
CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in
the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or
is hereafter rightfully disclosed to the CONTRACTOR 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.
The CONTRACTOR 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, the CONTRACTORshall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
4
15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees
to defend, 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 the CONTRACTOR's negligent performance of this
Agreement.
16. 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,
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 the CONTRACTOR under this
Agreement.
17. INSURANCE. The CONTRACTOR, 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 owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out
of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet statutory
requirements covering all of CONTRACTOR'S employees and employers' liability insurance with
limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of
subrogation in favor of the City. Said endorsement shall be provided prior to commencement of
work under this Agreement.
If CONTRACTOR has no employees subject to the California Workers'
Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said
Declaration shall be provided to CONTRACTOR by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers' compensation
policies, shall name the CITY and its officers, agents and employees as additional insureds, and
separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
5
I. Insurance shall be written with only Califomia admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A VIII
according to the current Best's Key Rating Guide, or a company equal financial stability that is
approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus
lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines
Insurers (LESLI list) and otherwise meet rating requirements.
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 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.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. 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 attomey's fees incurred by the prevailing party.
19. 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.
20. 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 the CONTRACTOR. During said 60-day period the CONTRACTOR 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 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.
6
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONTRACTOR 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 the CONTRACTOR,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONTRACTOR 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 the CONTRACTOR'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 the CONTRACTOR; (2) a reorganization of
the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in
business name or change in business status of the CONTRACTOR.
21. NOTICES. AU 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 Califomia) 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:
Minh Duong
City Librarian
City of National City — National City Public Library
1401 National City Boulevard
National City, CA 91950-4301
Belfor Property Restoration
11545 Sorrento Valley Rd., Suite 308
San Diego, CA 92121
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.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR 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. The CONTRACTOR also agrees not to specify any product, treatment,
process or material for the project in which the CONTRACTOR has a material financial interest,
7
either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all
times comply with the terms of the Political Reform Act and the National City Conflict of Interest
Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position
to influence in any way any matter coming before the CITY in which the CONTRACTOR has a
financial interest as defined in Govemment Code Section 87103. The CONTRACTOR 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, the CONTRACTOR shall comply with all of the reporting require-
ments of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the
CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of
National City in a timely manner on forms which the CONTRACTOR shall obtain from the City
Clerk.
The CONTRACTOR 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 the
CONTRACTOR.
23. 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.
C;;;;:;`.-,:-.=In. This Agrocm,cnt 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.
t:; A,,•_. `:. .. ... ^ .- y:...::i: .-.f }F. -� :c nr c;.: hoe t ns 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.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
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
8
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 BELFOR PROPERTY RESTORATION
(Corporation - signatures of two corporate officers)
') / (Partnership - one signatu
By: ( Iv� ' (Sole proprieto ip - o' : s'• at :)
(.Z'hris Zapa City Manager
APPROVED AS TO FORM:
George H. tiser, III
City Attomey
By:
(Name)
a7e4 6
(Print) //��
4,v6e+L i Ae61-4 A 1PIEG0
(Title)
By:
(Name)
(Print)
(Title)
9
BELFOR
National City Public Library
1401 National City Blvd.
National City, CA 91950
Scope of Work
Exhibit A
PROPERTY RESTORATION
BELFOR will remove visible growth from the outside bound archive section of
newspapers as noted below:
• Set up containment and negative air at the site of the issue using HEPA Air
Scrubbers. Area is approximately 20' long and 5' high shelving with bound
newspapers. Note* At the time of the initial inspection on or around 11/14/08,
limited inspection of the interiors of the bound articles showed no visible
growth. Addressing the interior of any article is not included here.
• Containment to be set up on Friday February 13, 2009 and the air allowed to
scrub through the weekend.
• The following Monday morning February 16, 2009 access to be provided to
allow BELFOR Remediation Technicians using proper PPE (personal protection
equipment) to complete HEPA vacuuming of visible growth from the exteriors of
the archived/bound newspapers on the east wall. A very Tight application of
Mildewcide will be applied to the exterior of the bindings.
• Once the above stated process is completed, containment will remain and HEPA
Air Scrubbers continue to scrub for an approximate 24 hour period.
• Containment will be removed on Tuesday February 17, 2009. Project end.
Material and Labor to reflect Prevailing Wage: $4,990.00
**Note that a recurrence of visible growth can be expected unless a stable environment
is provided. It is recommended that the remediation occur after the environment is
stabilized. Recommended temps and relative humidity:
• Occupied space: 72 degrees F, 40%RH
• Unoccupied space: 65 degrees F, 35%RH
Payment in full due net 30 days
Thank you
BELFOR San Diego
BELFORUSA 11545 Sorrento Valley Road —Suite 308, San Diego, CA 92121-1322 • 866 421.4144 • ph 858.847.9886 • fx: 858.847.9878
California License # 810553
24/7 emergency hotline 800.856.3333 • www.betforusa.com.
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE02/11% 009Y)
PRODUCER
Aon Risk Servi ces Central, inc.
Southfield MI offi ce
3000 Town Center
Sui to 3000
Southfield MI 48075 USA
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THI-
COVERAGE AFFORDED BY TIIE POLICIES BELOW.
PIIoNE.(866) 283-7122 FAX-(847) 953-5390
INSURERS AFFORDING COVERAGE:
NAIL #
INSURED
INSURERA insurance Company of the state of PA
19429
Bel for usA Group, Inc
11545 Sorrento Valley Rd
INSURERB National union Fire Ins Co of Pittsburgh
19445
Ste 308
San Diego CA 92121 USA
INSURER C.
INSURER D
INSURER E
COVERAGES SIR applies per terms and conditions of the policy)
'HIE POLICIES OF INSURANCE LISTED BELOW IIAVE BEEN ISSUED TO THE INSURER) NAMED ABOVE FOR TIIE POLICY PERIOD INDICATED NOTWITIIS FANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTIIER DOCUMENT WITH RESPECT "TO WHICH THIS CERTIFICATE MAY BE ISSUED OK MAY
PERTAIN. TILE INSURANCE AFFORDED BY TILE POLICIES DESCRIBER) HEREIN IS SUBJECT TO ALL TIIE TERMS, EXCLUSIONS AND CONDITIONS OF SL'CII POLICIES
AGGREGATE LIMITS SHORT MAY IIAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED
INSR
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE(MM\DD\YY)
POLICY EXPIRATION
DATE(MM\DD\IY)
LIMITS
8
FERAL
X
ii
LIABILITY
COMMERCIAL GENERAL
CLAIMS MADE
ril
LIABILITY
OCCUR
GL1617663
04/01/08
04/01/09
EAU! OC(URRFN(F
S1,000,000
DAMAGE TO RENTED
PREMISES (Ea occurence)
S1,000,000
MFD EXP (Arm one person)
510,000
PFRSONAI. & ADV INJURY
51,000,000
—
GENERAL. AGGREGATE.
S2,000,000
❑
GFN'L AGGREGATE
POLICYPRO-
El
LIMIT APPLIES
)ECT
X
PER.
LOC
PRODUCTS - COMP.OP ACXi
S2,000,000
B
AUTOMOBILE
X
X
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON OWNED AUTOS
Comp Ded S1,000
8262996
Liability AOS
04/01/08
04/01/09
COMBINED SINGLE EMIT
(Fla
(Fa accident)
51,000,000
BODILY INJURY
( Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
X
Collision Ded S1.000
GARAGE
9
LIABILITY
ANY' AUTO
AUTO ONLY - EA ACCIDENT
Off IER IHA.\' EA a(.'('
AUTO ONLY
AGO
A
EX(
X
BDEDUCT.IBLE
ESS/UMBRELLA LIABILITY
OCCUR ❑ CLAIMS MADE
RETENTION
6E7251549
04/01/08
04/01/09
EACI I OCCURRENCE
S5,000,000
AGGREGATE
S5,000,000
B
WORI(ERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR / PARTNER i EXECUTIVE.
OFFICERMEMBER EXCLUDED'
Ifres. describe under SPECIAL. PROVISIONS
below
wc1593856
workers CoR p (CA)
04/01/08
04/01713g
x
WC STATE-
TORY LIAI[T$
01T1-
ER
E I. FACII ACCIDENT
51,000,000
E 1. DISEASE -EA EMPLOYEE
S1,000,000
E L DISEASE. -POLICY LIMIT
S1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSiVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT'SPECIAL PROVISIONS
RE: Mold Remediation - National City Public Library. National City Public Library is included as additional
insured with respect to general liability where required by written contract. See attached Endt. CG 20 10 07 04.
CERTIFICATE HOLDER CANCELLATION
National ci ty Public Li brary
Attn: Minh Duong
1401 National City Blvd.
Ndtl Odndl City CA 91950 USA
Y
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BF CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THF. ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES
AUTHORIZED REPRESENTATIVE ` /� ���G
ACORD 25 (2001/081 ACORD CORPORATION 198&
Holder Identifier : ENDG
•
ra
a
INSURED
Belfor USA Group, Inc
11545 Sorrento valley Rd
Ste 308
San Diego CA 92121 USA
CG 20 10 07 04
POLICY NUMBER:
GL1617663 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) Or organization(s): National City Public Library
Location(s) of covered Operations: Mold Remediation - National City Public Library.
Information required to complete this Schedule, if not shown above, will be shown in the
Declarations.
A. Section II - who Is An insured is amended to include as an additional insured the person(s)
or organization(s) shown in the Schedule, but only with respect to liability for "bodily
injury", "property damage" or "personal and advertising injury" caused, in whole or in part,
by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s)
designated above.
B. with respect to the insurance afforded to these additional insureds, the following
additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontractor
engaged in performing operations for a principal as a part of the same project.
CG 20 10 07 04
(c) Iso Properties, Inc., 2004
Certificate No : 570032936339
;:laPO.RNJA -
NAT,try-
ctiarORAT ED
OFFICE OF THE CITY CLERK
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax
BELFOR PROPERTY RESTORATION
Removal of Visible Growth on the Bindings of
Archived Historical Newspapers
Gloria Olivares (Library) Forwarded
Copy of Agreement to Vendor