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HomeMy WebLinkAbout2015 CON Belfor Property Restoration - LibraryAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BELFOR USA GROUP, INC. dba BELFOR PROPERTY RESTORATION THIS AGREEMENT is entered into this 12th day of January, 2015, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Belfor Property Restoration, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide microbial remediation, restoration, and remodeling (as needed) for the National City Library. WHEREAS, the CITY has determined that the CONTRACTOR is a corporation 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 agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. To provide microbial remediation, restoration, and remodeling (as needed) for the National City Library. 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 specified 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Minh Duong, City 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. David Hopkins 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. 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. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on January 12, 2015. The duration of this Agreement is for the period of January 12, 2015 through February 16, 2015. 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 CONTRACTOR 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. 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 2 City's Standard Agreement —2014 revision 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 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 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, 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 CON TRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) 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 or the CONTRACTOR'S agents, servants, or employees are not 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 CONTRACTOR, 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 3 City's Standard Agreement —2014 revision of its SUBCONTRACTOR(S), 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. 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. 4 City's Standard Agreement —2014 revision 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain 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 14, 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 CONTRACTOR 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. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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, suites, 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 performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term 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. 5 City's Standard Agreement-2014 revision 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked 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"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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. «itte« notice to the CITY o f caneellation o material change F. 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. G. Insurance shall be written with only California admitted companies that 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. H. 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. 6 City's Standard Agreement-2014 revision I. All deductibles and self -insured retentions in excess of $10,000 $500,000 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 attorney'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. 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 7 City's Standard Agreement-2014 revision 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 7. 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. 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 (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: Minh Duong City Librarian Library City of National City 1401 National City Boulevard National City, CA 91950-4301 To CONTRACTOR: David Hopkins Project Manager Belfor Property Restoration 9060 Activity Road, Suite A San Diego, CA 921265 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. 8 City's Standard Agreement —2014 revision 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, 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 Government 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 requirements 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 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Contractor is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. 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. 9 City's Standard Agreement-2014 revision 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. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 parry'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. 10 City's Standard Agreement —2014 revision 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 B {lam Bye--c- 7 Leslie Deese (Name City Manager PROVED AS TO FORM: acitua Silva City A 11 ,'L-- . 1 5A (Print) at/ 7%/tieQ-e--L--CZ_ (Title) (Name) (Print) CR) (Title) City's Standard Agreement —2014 revision BELFOR (. BELFOR PROPERTY RESTORATION PROP[RTYRrSTORMTIOR 9060 Activity Road STE A, San Diego, CA 92126 License 1810553 Office #i 858-847-9886 / Fax # 858-847-9878 insured: National City Public Library 1usiness: (619) 470-5800 Property: 1401 National City Boulevard National City, CA 91950 Billing: 1243 National City Boulevard National City, CA 91950 Claimant: Minh Duong Business: (619) 470-5800 Business. 1401 National City Boulevard National City, CA 91950 Estimator: David A. Hopkins Reference: Kuna Muthusatny, P.E. Position: Assistant Director Company: National City Engineering & Public Works Department Business: 1243 National City Boulevard National City, CA 91950 Cellular: (858) 831-8944 E-mail: David.Hopkins@US.Belfor. corn Business: (619) 336-4380 E-mail: kmuthusamyt'anationalcityca. gov Claim Number: Policy Number: Type of Loss: <NONE> Date Contacted: I/6/2015 Date of Loss: 1/5/2015 Date Received: 1/7/2015 Date Inspected: 1/7/2015 Date Entered: 1/8/2015 10:24 AM Price List: CASD8X_JANI5 Restoration/Service/Remodel Estimate: 14-53-NATI L-ES l6nc' 1 "' • BELFOR (.) BELFOR PROPERTY RESTORATION PROPCI YR[STORATION 9060 Activity Road STE A, San Diego, CA 92126 License # 810553 Office # 858-847-9886 / Fax # 858-847-9878 14-53-NATI L-ES Local History Room Microbial Remediation DESCRIPTION QTY UNIT PRICE TOTAL 1. HEPA Vacuuming - hourly charge 67.00 HR @ 119.13 = 7,981.71 The above stated line item is for technicians to carefully HEPA vacuum affected contents and fumiture, In order to remove surface microbial growth. Note: Caution will be taken to not damage any of the affected contents or furniture however this cannot be guaranteed. 2. Hazardous Waste/Mold Cleaning Technician - per hour 42.00 HR @ 116.00 = 4,872.00 The above stated line item is for technicians to carefully move all affected contents to and from the cleaning area and to clean and decontaminate the building components in the affected area. Note: Caution will be taken to not damage any of the affected contents or furniture however this cannot be guaranteed. 3. Hazardous Waste/Mold Cleaning- Supervisory/Admin- per hour 60.50 HR @ 116.00 = 7,018.00 The above stated line item is for one supervisor to oversee the remediation and cleaning over the course of the project. Note: Caution will be taken to not damage any of the affected contents or furniture however this cannot be guaranteed. ^14-53-NATI_L-ES 1/20/2015 Page: 2 BELFOR $) BELFOR PROPERTY RESTORATION PROP[RT)R[STORATION 9060 Activity Road STE A, San Diego, CA 92126 License # 810553 Office # 858-847-9886 / Fax # 858-847-9878 CONTINUED - Microbial Remediation DESCRIPTION QTY UNIT PRICE TOTAL MOLD GROWTH / SOURCE: Initial here; The source of mold growth may / may not be know. The source of mold growth will need to be corrected prior to work commencement. It is the responsibility of the client/property owner to verify the source has been corrected. If source correction is part of a separate BELFOR contract, then we will inform the client/property owner when corrected so mold remediation may commence. STAINING: Initial here; This Proposal is for the removal of surface/active mold. It is possible that some building materials may have staining from mold that is inactive and deep within building materials. This Proposal does not include removal of stained, dry rotted or other materials damaged by wood -destroying organisms, unless specifically noted in the Proposal details. OTHER HAZARDOUS MATERIALS: Initial here; This Proposal assumes that there are no asbestos containing materials, lead paint, hazardous chemicals, bacteria, or other contaminants (other than mold) present at the property. Additional costs will be incurred for identification and removal of these contaminants. The client/property owner is to notify BELFOR if he/she/it knows if any of these contaminants are present in the materials to be disturbed. REPAIRS / RESTORATION: Initial here; Repairs or cleaning that is required as a result of remediation including, but not limited to, damage to drywall, texture, paint, wallpaper, carpet, or any other flooring or finish materials (i.e. damage from staples or tape used to build a containment area) is not the responsibility of BELFOR. In many cases, this secondary damage is not only likely, but probable. We will provide a separate proposal, if requested, for all repairs and/or cleaning required as a result of the remediation processes. ENVIRONMENTAL DISCLOSURE & DISCLAIMER: (Initial here; The client/property owner acknowledges and understands that BELFOR is not an Environmental Testing Company and has not made, and will not be making, any representations or warranties, either express or implied, to the client/property owner, or his/her/its agents or assigns, concerning the environmental condition of the subject property and/or the premises including, but not limited to mold, lead, bio-hazards, fungus, hazardous waste, substances or materials, or asbestos. BELFOR has recommended to the client/property owner, or his/her/its agents or assigns, to hire an Environmental Testing Company or Consultant to perform the environmental testing if he/she/it has concerns regarding the environmental condition of the subject property or premises. ENVIRONMENTAL TESTING (BY OTHERS): Initial here; If the client/property owner hires a third party evaluator and/or laboratory for testing, their services will need to be coordinated with BELFOR and testing must be completed no later than 36 hours after initial remediation. Costs for a third party evaluator and/or laboratory testing are not included in this Proposal. Due to the nature of mold remediation, it is possible that third party post remediation verification (clearance testing) may not pass after initial remediation. BELFOR is not responsible for any additional remediation testing by a third party evaluator and/or laboratory. UNABLE and/or UNWILLING TO HIRE TESTING CONSULTANT: (Initial here; ) �14-53-NATIL-ES 1/20/2015 Page: 3 BELFOR 010 BELFOR PROPERTY RESTORATION PROPERTYR[STORATIOM 9060 Activity Road STE A, San Diego, CA 92126 License # 810553 Office # 858-847-9886 / Fax # 858-847-9878 CONTINUED - Microbial Remediation DESCRIPTION QTY UNIT PRICE TOTAL If client/property owner declines to hire a third party evaluator and/or laboratory to perform testing, client/property owner expressly releases, indemnifies and holds BELFOR, its owners, subsidiaries, subcontractors, agents, successors and assigns, harmless against any and all claims, demands, causes of action, expenses or suits or any kind, including attomey's fees, on account of, incidental to, or in any way related to BELFOR's mold remediation work performed at the property. HVAC Decontamination DESCRIPTION QTY UNIT PRICE TOTAL 4. Clean ductwork - Interior - Heavy clean (PER REGISTER) 8.00 EA @ 121.35 = 970.80 The above stated line item is to clean and decontaminate the duct work that services the affected area. Note: This is under the assumption that the mechanical system for the affected area is separate and isolated form the rest of the buildings mechanical system. 5. Clean air handler - Large 2.00 EA @ 605.26 = 1,210.52 The above stated line item is for the cleaning and decontamination of the affected areas air handler. Note: This is under the assumption that the mechanical system for the affected area is separate and isolated form the rest of the buildings mechanical system. General Items DESCRIPTION QTY UNIT PRICE TOTAL 6. Containment Barrier/Airlock./Decon. Chamber 200.00 SF @ 1.51 = 302.00 The above stated line item is labor and materials to erect critical barriers and contain the affected area from the remainder of the building. Note: This is done to isolate the affected area in order to prevent cross contamination, once critical barriers are in place only authorized personnel will be allowed in the affected area until post remediation clearances have been achieved. 7. Peel & seal zipper 2.00 EA @ 14.11 = 28.22 The above stated line item is for zipper doors used to enter and exit the containment. Note: This is done to isolate the affected area in order to prevent cross contamination, once critical barriers are in place only authorized personnel will be allowed in the affected area until post remediation clearances have been achieved. 8. Neg. air fan/Air scrub.-XLrg (per 24 hr period) -No monit. 10.00 DA @ 140.00 = 1,400.00 The above stated line item is for a negative air machine used to achieve negative air pressure within the affected area. Negative air pressure is used to prevent cross contamination by pull air into the affected area through the building and not allowing air to escape the affected area except through a HEPA filter. ,, l4-53-NATI_L-ES 1/20/2015 Page: 4 • BELFOR �!) PROPIRTTRCSTORATION BELFOR PROPERTY RESTORATION 9060 Activity Road STE A, San Diego, CA 92126 License # 810553 Office # 858-847-9886 / Fax # 858-847-9878 CONTINUED - General Items DESCRIPTION QTY UNIT PRICE TOTAL 9. Add for personal protective equipment (hazardous cleanup) 44.00 EA @ 7.87 = 346.28 The above stated line item is for personal protective equipment consisting of coveralls with hoods and boots, and gloves for the protections of the technicians skin and to prevent cross contamination and transference of microbial organisms to other sites. r�14-53-NATI_L-ES 1/20/2015 Page: 5 BELFOR ) BELFOR PROPERTY RESTORATION PROPIRTVRtSTOUAT10N 9060 Activity Road STE A, San Diego, CA 92126 License # 810553 Office # 858-847-9886 / Fax # 858-847-9878 Line Item Total Material Sales Tax Replacement Cost Value Net Claim Summary David A. Hopkins 24,129.53 30.00 $24,159.53 S24,159.53 (.,,,,14-53-NATI L-ES 1/20/2015 Page: 6 Ginny Miller From: Ray Roberson Sent: Monday, February 23, 2015 9:57 AM To: Ginny Miller Subject: FW: Balfor Contract Hi Ginny, Here's the email from Curtis. Thanks for your help. Ray From: Curtis Stephan Sent: Monday, February 23, 2015 9:54 AM To: Ray Roberson Cc: Claudia Silva Subject: Balfor Contract Per our conversation, I've reviewed the Balfor contract and feel comfortable with the 2 insurance issues for Notice and their Self Insured Retention. Since I'm still working with our insurance company to recover dollars, please send me a copy of their final invoice. Curtis 1 "a�'" CERTIFICATE OF LIABILITY INSURANCE DAT07/0 /20 4YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Central, Inc. Southfield MI Office 3000 Town Center Suite 3000 Southfield MI 48075 USA CONTACT NAME: (A/C..NNo. Eat): (866) 283-7122 FAX (800) 363-0105 (ac. No.): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED BELFOR San Diego dba Belfor Property Restoration 9060 Activity Road Suite A San Diego CA 92126 USA INSURER A: National Union Fire Ins Co of Pittsburgh 19445 INSURER B: The Insurance Co of the State of PA 19429 INSURERC: AIG Specialty Insurance Company 26883 INSURER D: INSURER E: INSURER F: :570054532917 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR wVD POLICY NUMBER POLICY EI-F ((MM/DD/YYYY POLICY EXP D/Y (MM/DYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL5388340 SIR applies per policy terns 07/01/2014 & condi 07/01/2015 :ions EACH OCCURRENCE $2,000,000 CLAIMS -MADE I X 1 OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $2,000,000 MED EXP (Any one person) $100, 000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PER: X PRO- X LOC JECT GENERAL AGGREGATE $4 , 000, 000 PRODUCTS - COMP/OP AGG $4,000,000 A A A AUTOMOBILE _ X X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Comp Ded $1,000 — X SCHEDULED AUTOS NON -OWNED AUTOS Collision Ded $1,000 CA 510-17-08 AOS CA 510-17-06 MA CA 510-17-07 VA 07/01/2014 07/01/2014 07/01/2014 07/01/2015 07/01/2015 07/01/2015 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 29157256 07/01/2014 07/01/2015 EACH OCCURRENCE $5 , 000, 000 AGGREGATE $5 , 000, 000 DED RETENTION B 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N NIA wC034157355 AOS wC034157354 MA, ND, OH, WA, WI, WY 07/01/2014 07/01/2014 07/01/2015 07/01/2015 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 1 Evidence Only CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Belfor USA Group, Inc AUTHORIZED REPRESENTATIVE dba Belfor Property Restoration 9060 Activity Road,Suite A San Diego CA 92126 USA eiZa c��s� meed e. �� ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier : 570054532917 Certificate No AGENCY CUSTOMER ID: 570000005415 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. POLICY NUMBER See Certificate Number: 570054532917 CARRIER See Certificate Number: 570054532917 NAIC CODE NAMED INSURED BELFOR San Diego EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYVY) LIMITS WORKERS COMPENSATION A N/A wC034157353 NJ, PA 07/01/2014 07/01/2015 B N/A wc034157352 IL, KY, NC, UT 07/01/2014 07/01/2015 B N/A WC034157351 AZ, GA, VA 07/01/2014 07/01/2015 A N/A WC034157350 FL 07/01/2014 07/01/2015 A N/A wC034157349 CA 07/01/2014 07/01/2015 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk February 23, 2015 Mr. David Hopkins Belfor Property Restoration 9060 Activity Road, Suite A San Diego, CA 92126 Dear Mr. Hopkins, On January 12th, 2015, an Agreement was entered between the City of National City and Belfor Property Restoration We are enclosing for your records a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosure