Loading...
Resolution 11906CITY OF ALAMEDA RESOLUTION NO. 11906 AWARDING CONTRACT TO GEORGE E. MASKER, INC. FOR EXTERIOR PAINTING OF MASTICK SENIOR CENTER AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, the City Council of the City of Alameda adopted plans and specifications and called for bids for the exterior painting of the Mastick Senior Center on November 7, 1989; and WHEREAS, George E. Masker, Inc. of Oakland submitted the low bid of $34,062 at the opening on December 5, 1989; and WHEREAS, George E. Masker, Inc. is a 26-year old, financially sound company with a reputation of doing quality work; and WHEREAS, the project will begin on approximately January 2, 1990, with 55 consecutive working days allowed for completion; and WHEREAS, funds for this project in the amount of $75,000 were approved by the City Council in the 1989-90 budget; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda award the contract for the exterior painting of the Mastic Senior Center to George E. Masker, Inc. in the amount of $34,062.; and BE IT FURTHER RESOLVED that the Mayor be authorized to execute a contract in a form substantially similar to the contrat attached hereto as Exhibit A, and the City Clerk to attest, for and on behalf of the City, a contract with George E. Masker, Inc., as provided above. ovd d to CITY ATTORNEY I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 19th day of - December , 1989, by the following vote to wit: AYES: Councibers 2\rnerichr Carnicia, Withrow and President Corica - 4. NOES: None. ABSENT: Councilmeriber Thanas - 1. ABSTENTIONS: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of December , 1989. City Clerk of the City of—Alameda CONSULTANT AGREEMENT THIS AGREEMENT, entered by and between CITY OF (hereinafter referred to as whose address is 887 71st (hereinafter referred to as to the following: into this day of December, 1989, ALAMEDA, a municipal corporation "City"), and George E. Masker, Inc. Avenue, Oakland, California, 94621, "Consultant"), is made with reference RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City and Consultant desire to enter into an agreement for the exterior painting of Mastick Senior Center, strictly in accordance with the Specifications, Special Provisions and Plans adopted therefore, No. P.W. 9-89-15, which are incorporated herein by reference. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TIME FOR PERFORMANCE: The term of this Agreement shall commence on the 2nd day of January, 1990, and shall terminate on fifty-five (55) days thereafter, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service for the exterior painting of Mastick Senior Center, strictly in accordance with the Specifications, Special Provisions and Plans adopted 1 EXHIBIT A therefore, No. P.W. 9-89-15, which are incorporated herein by reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount of $34,062 in accordance with No. PW 9-89-15. 4. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the highest community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 5. INDEPENDENT PARTIES: City and Consultant intend that the relation between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. HOLD HARMLESS: Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and 2 against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, regardless of the merits or outcome of any such claim or suit arising from or in any manner connected to Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. Consultant shall indemnify and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the Consultant's negligent performance of services or work conducted or performed pursuant to this Agreement. 7. INSURANCE: Contractor shall comply with the insurance requirements set forth in No. P.W. 9-89-15. 8. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting 3 power of the corporation. 9. PERMITS AND LICENSES: Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. 10. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. No report, information nor other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 11. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at all proper times to such books and records, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and 4 activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. 12. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Alameda 2263 Santa Clara Avenue Alameda, CA 94501 Attention: Scott Catlett All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: George E. Masker, Inc. 887 71st Avenue Oakland, CA 94621 13. TERMINATION: In the event Consultant hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. 5 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by given seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 14. COST OF LITIGATION: If any legal action is necessary to enforce any provision hereof or for damages by reason for an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the Court may adjudge to be reasonable, including attorneys' fees. 15. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 16. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or a different character. 17. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 6 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. -- APPROVED AS TO FORM: 6601Z 61* '61441- City Attorney ATTEST: City Clerk CITY OF ALAMEDA, a municipal corporation BY: CONSULTANT BY: 7