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HomeMy WebLinkAboutContracts & Agreements_71-2018NPS 2.2 (9118) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC GROUNDS This agreement for the provision of the crushing of concrete stockpile at the City of Redlands California Street Landfill ("Agreement") is made and entered in this l' day of May, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and J D M L, Inc ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as "Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 I City hereby engages Contractor to perform crushing and removal of a concrete stockpile located at City's California Street Landfill ("Services") 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 21 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 22 Contractor shall comply with all apphcable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act Pursuant to Labor Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Capon Street, Suite 15A (Mailing. P O Box 3005), Redlands, California 92373 23 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor of its subcontractors pursuant to Labor Code section 1771 6 24 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 17775, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 I lcaldlm\Agreements\JDML Inc doe ATPS -2.2 (4118) 25 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 26 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 18I0 27 Contractor shall comply with the provisions of Labor Code section 1777 5 as to apprenticeships, and Labor Code sections 1771, 1775, I776, 1777 5, 1813 and 1815 28 Contractoi shall obtain, execute and deliver to City a Labor and Materials Payment Bond, in the form attached hereto as Exhibit "B " 29 Pursuant to Public Contract Code section 7103 5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 32 City designates Christopher Boatman, Quality of Life Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 41 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A " The Services shall commence within ten (10) days of the Effective Date of this Agreement 42 The term of this Agreement shall be for a period of nine (9) weeks commencing as of the Effective Date, unless terminated earlier as provided herein ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall not exceed the amount of One Hundred Eighty Five Thousand Nine Hundred ($185,900 00) City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C" entitled "Bid Price Sheet" attached hereto and incorporated herein by reference 2 I 1ca\djm\AgreementsVDML Inc doe. NPS 2.2 (4118) 52 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the project City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 54 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City Contractor City Clerk John Scheck, President City of Redlands J D M L , Inc dba Standard Industries Inc 35 Capon Street 1905 Lirio Avenue (mailing) P O Box 3005 (mailing) Ventura, CA 93004 Redlands, CA 92373 ARTICLE 6 -- INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers' compensation laws of the State of California Contractor shall execute and provide City with Exhibit "D" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, foi public liability, property damage and personal injury is required City shall be named as an additional insured and such 3 I 1ca\djm\Agreements\JDML Inc doc NPS -2,2 (4118) insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City 6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST 71 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 72 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law, (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, (iii) authorize City to enter into, modify or renew a contract, (iv) grant City approval to a contract that requires City approval and to which City is a party, of to the specifications for such a contract, (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same of substantially the same duties for City that would otherwise be performed by an individual 4 I 1ca1djm\AgreementsUDML Inc doc NPS 21 (4/18) holding a position specified in City's Conflict of Interest Code under Government Code section 87302 73 In the event City officially determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City CIerk's office pursuant to the written instructions provided by the City Clerk ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms of conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement 83 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Contractor in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk 84 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply all necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 85 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City, provided, however, this Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of 11ca\djm\AgreementsVDML Inc doc NPS -2.2 (4118) project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 86 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 87 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 88 This Agreement shall be governed by and construed in accordance with the laws of the State of California 89 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS B� Paul W Foster, Mayor ATTEST anne Donaldson, City Clerk 6 I 1caldjmlAgreementslJDML Inc doc J D.M L, Inc dba Standard Industries, Inc. By�' Joh Sc eck, President NPS -2.2 (4118) EXHIBIT "A" SCOPE OF SERVICES Scope of Services Screening of Concrete/Dirt Stockpile, Concrete Crushing and Stockpiling Set up of equipment and the processing/crushing operation shall be coordinated with the Landfill Manager The project shall be set up or operated in a location where it may interfere with daily operations of the landfill Mobilization of Equipment Mobilize & demobilize appropriate equipment to screen the existing stockpile of concrete/dirt into various sizes and to crush larger pieces into 3/4 inches The landfill operating hours for moving equipment in and out are typically b 00 a m to 2 30 p m Mobilization/demobilization may occur outside of the normal working hours, including on Saturday, provided appropriate arrangements are made in advance with the Landfill Manager Concrete Stockpile Screening Current stockpile is heterogeneous and contains estimated 35% to 45% dirt in and a wide variety of concrete chunk sizes, with and without reinforcing metal Residual metal concrete reinforcement materials that are recovered shall be managed by the City of Redlands Landfill staff Contractor, upon examination of the current stockpile, will be able to identify the most effective means of processing the stockpile Explosives and blasting are not permitted in the performance of the pre-processing work Work shall comply with the Landfill's Storm Water Pollution Prevention Plan The Contractor shall ensure the work area affected by the stockpile screening will not allow ponding of water Concrete Crushing Concrete pieces regardless of size are to be crushed Concrete is to be crushed to produce one size of material for use in landfill road building The landfill fill desires material that is the following size Y 3/4 inches The landfill will accept crushed, recycled clean hard fill (as defined by OAC 3745-400-05 (A) (NOT INCLUDING ASPHAULT CONCRETE) for use as road building material The clean, hard fill is to be reasonably free of protruding reinforcing material (i e rebar) that if placed in a S I 1ca\djm\Agreements\JDML Inc doc NPS -2,2 {4118} roadway intended for landfill refuse truck and support vehicle traffic would represent a potential risk for tire puncture, undercarriage or hydraulic line damage, fuel tank compromise, etc The landfill reserves the right to reject any material which in its opinion could present such a risk Removal of any rejected material from the landfill and the appropriate handling/disposition of such materials shall be at the sole expense of the Contractor 9 11ca\djm\Agreements\JDML Inc doc EXHIBIT "C" Sid Price Sheet BASE BID CRUSHING Or CONCRETE STOCKPILE NPS 2.2 (4118) item ;4; 1te1n Description A Unit Estimated Qty C Unit Pricd Total Price in f=igures i13x.C} 1 MobilizalionMemobilization Lump Burn 1 $ IEA 2 Concrete Stockpile Screening Tons 30,000 243 on 72,900 3 Crushing & 5tockp7in9 Tons 30,000 $ 3.60 lFon $ 105,fl00 BID PRICE, Grand TCTA Total Base Bid for California Street Landfill written in words one hundred ei ht -uvea thousand, nine hundred Dollars ($ 186,900 ) Bidder's Name John Scheck - President (print) Company Name J D M L, inc dba Standard Industries, Inc pnn Total tons produced shall be documented by the contractor The Landfill reserves the right to verify tonnage and quantities via the on-site landfill scales and/or volumetric survey of the final product piles Daily belt scale tickets are to be provided to the Landfill Manager These prices shall be inclusive of any and all permit, fees and/or rentals needed to stage the equipment at the landfill 10 11ca\djm\Agreements\JDML inc dor, EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and (hereinafter designated as entered into an agreement (the "Agreement") whereby Principal agrees to install an designated public improvements (the "Work"), which said agreement, dated and identified as is hereby referred to and made a part hereof, and NPS 2.2 (4118) "Principal') have d complete certain 2018, Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same m an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on frtZ IIL I—ry , 201 1Yj. ( SEAL) (Contractor) 1 R Signature) �` (Seal and Notarial Acknowledgment of Surety) I Icaldjm\AgreementsUDML Inc doc (SEAL) (Surety) BY (Signature) Address Telephone( 11 NPS -2.2 (4/18) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct 's "me] J Q H L INC Date [Name 12 I 1caldjm\Agreements\JDML Inc doe