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HomeMy WebLinkAbout7963RESOLUTION NO 7963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING ANNUAL PURCHASE ORDERS FOR THE CITY'S QUALITY OF LIFE DEPARTMENT FOR FISCAL YEAR 2019-2020 WHEREAS, the Quality of Life Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services m accordance with the Redlands Municipal Code, and WHEREAS, for fiscal year 2019/2020, to support City operations and in accordance with the City's purchasing policy, the following sole/single source purchase order requests, cooperative purchase orders, and agreeinents have been prepared for the City Council's consideration and are attached hereto as Exhibits "A," "B," and "C," respectively, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1 The City Council herby approves the sole/single source purchase order requests for Fiscal Year 2019-20 with Rush Truck Centers c/o Interstate Billing Services, San Bernardino County Landfill, Clean Energy Cryogenics, a subsidiary of Clears Energy, and Ray Gaskin Service Inc Section 2 The City Council herby approves the intergovernmental/piggyback (cooperative) purchase order with Superior Automotive Warehouse c/o Napa Auto Parts for the supply of as -needed auto parts m an amount not to exceed $120,000 Section 3 The City Council herby approves an agreement with P & S Truck Center for the supply of repair parts for heavy-duty trucks in an amount not to exceed $22,565 60 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $67,696 80 Section 4 The City Council herby approves an agreement with Redlands Ford for the provision of Ford Original Equipment Manufacturer (OEM) parts and repairs in an amount not to exceed $95,325 00 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $285,975 00 Section 5 The City Council herby waives the minor bid irregularity contained within the bid submitted by Fairview Ford Sales, Inc and approves an agreement with Fairview Ford Sales, Inc , for the supply of Ford OEM Wholesale parts m an amount not to exceed $21,667 25 for a period of one year, with two additional one-year renewal options bringrg the total to an amount not to exceed $65,001 75 Section 6. The City Council herby rejects the bid submitted World Oil Environmental Services dba Asbury Environinental Services and approves an agreement with 1 1 1Resolutions\Res 7900 7999\7963 QOL Annual POs FY 2019 2020 doex jn Hoz Mat Trans, Inc , for the provision of pick up and disposal of hazardous waste materials m an amount not to exceed $52,230 30 for a period of one year, with two additional one-year renewal options bringing the total to an amount not to exceed $156,690 90 Section 7 The City Council herby approves an agreement with Greenway Landscape, for the provision of landscape maintenance services at Hillside Memorial Park m an amount not to exceed $53,944 00 for a period of one year, and Section 8 The City Council of the City of Redlands hereby determines that the approval of the four (4) sole/single source purchase orders, one (1) cooperative purchase order, and five (5) agreements identified m this resolution are exempt from environmental review pursuant to Section 15301 of the state Guidelines implementmg the California Environmental Quahty Act ADOPTED, SIGNED AND APPROVED this 18th day of .lune, 2019 i)___— ,;:r--)____ Denise Davis, Mayor Pro Tem ATTEST Donaldson, City Clerk 2 11Resolutions\Res 7900 7999\7963 QOL Annual POs FY 2019 2020.docxjn I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at regular meeting thereof held on the 18th day of June, 2019, by the following vote AYES Councilmembers Barich, Tejeda, Davis NOES None ABSENT None ABSTAIN Mayor Foster, Councilmember Momberger Je Donaldson, City Clerk City of Redlands 3 1.1Resolutions\Res 7900 7999/7963 QOL Annual POs FY 2019-2020 docx.jn Exhibit "A" Sole/Single Source Purchase Orders Staff is requesting approval for the annual purchase orders for the following sole/single source vendors for the not -to exceed amounts as described below Staff is requesting a single source annual purchase order with Rush Truck Centers c/o Interstate Billing Services The requested parts are specific to Peterbilt make trucks within the City's fleet, Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non -OEM parts Use of alternate parts would void manufacturer warranty Rush Truck Centers is an approved seller and distributor of Peterbilt OEM parts, their location is in Fontana, CA, 17 miles from the corporate yard The next closet vendor is Golden State Peterbilt in Bakersfield, CA, 177 miles away from the corporate yard Original Equipment Manufacturer (OEM) Peterbilt Parts Vendor Purchase Order Request Rush Truck Centers c/o Interstate Billing Services $40,000 Staff is requesting a single source annual purchase order with the San Bernardino County San Tnnoteo Canyon Landfill for the disposal of bulky solid waste items San Tnnoteo Canyon Landfill is the only landfill within the vicinity licensed to accept bulky items Bulky items consist of items that have a poor compaction rate such as mattresses, palm fronds, and apphances By hauling these materials to the San Tiinoteo Canyon Landfill, the amount entering the City -owned California Street Landfill is minimized, lessoning the impact for the usage of available airspace and adding valuable lifespan to the City's landfill The requested amount of $120,000 is based on historical expenditures Collection of Bulky Solid Waste Items Vendor Purchase Order Request San Bernardino County $120,000 Staff is requesting a single source annual purchase order with Clean Energy Cryogenics, a subsidiary of Clean Energy to fulfill all scheduled maintenance to include general up -keep and emergency maintenance as needed Clean Energy Cryogenics will also replace any inoperable pumps, includmg parts 4 I 1Resolutions\Res 7900 7999/7963 QOL Annual POs FY 2019 2020 docxin and supplies Clean Energy Cryogenics is the primary source for technicians, equipment, and supplies to provide services to the City's LNG station While there are other companies that provide maintenance and repair services, these other companies cannot offer technicians who are experienced with the specific equipment that was installed by Northstar Inc , m 2003 Using another source would cause significant delays in repairs and substantially higher rates for technicians and higher cost for parts, resulting in extended downtime in LCNG sales Fuel Island Maintenance Service, and Parts Vendor Purchase Order Request Clean Energy Cryogenics, a subsidiary of Clean Energy $90,000 Staff is requesting a single source annual purchase order with Ray Gaskin Service Inc The requested parts are specific to New Way make trucks within the City's fleet, Original Equipment Manufacturer (OEM) parts have unique design features that cannot be replaced by non -OEM parts Use of alternate parts would void manufacturer warranty Ray Gaskin Service Inc , is an approved seller and distributor of New Way parts, their location is m Fontana, CA, 17 miles from the corporate yard The next closet vendor is Ruckstell California Sales Co , m Fresno, CA, 280 miles away from the corporate yard Vendor Purchase Order Request Ray Gaskin Service Inc $200,129 23 5 I 1Resolutions\Res 7900 7999/7963 QOL Annual POs FY 2019 2020 docx in Exhibit "B" Cooperative Purchase Order Staff is requesting approval for the annual purchase order for services procured utilizing an mtergovernmental/piggyback contract (cooperative purchasing) Staff is requesting an intergovernmental/piggyback contract use annual purchase order with Napa Auto Parts for the supply of as -needed auto parts The original contracting entity is NJPA Contract Number 062916-gpc The original contract award was competitively bid The requested annual purchase order m the amount of $120,000 is based on historical expenditures Supply of As -needed Auto Parks Vendor Purchase Order Request Superior Automotive Warehouse c/o Napa Auto Parts $120,000 6 I 1Resolutions\Res 7900 7999/7963 QOL Annual POs FY 2019 2020.docx.jn Exhibit "C" Annual Agreements With P & 5 Truck Center Redlands Ford Fairview Ford, Inc. Haz Mat Trans, Inc Greenway Landscape 7 1 \Resolunons\Res 7900 7999\7963 QOL Annual POs FY 2019-2020.docx in NPS 2 1 (2/6/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of Ford Original Equipment Manufacturer (OEM) parts and repairs ("Agreement") is made and entered in this 18th day of June, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Redlands Ford ("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 1 City hereby engages Contractor to perform Ford OEM parts and repair services for City (the "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 — SERVICES OF CONTRACTOR 2 1 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 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws 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 3 2 City designates Chns 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 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference The Services shall commence immediately after the Effective Date of this Agreement 4 2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), 1 L Ica\djm\Agreements\Redlands Ford Agreement NPS 2 1 docx jn NPS 2 1 (2/6/19) on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Tenn" of this Agreement 4 3 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Ninety Five Thousand Three Hundred Twenty Five Dollars ($95,325) for the Services provided during the Initial Tenn Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Ninety Five Thousand Three Hundred Twenty Five Dollars ($95,325) for the second Renewal Term; and Ninety Five Thousand Three Hundred Twenty Five Dollars ($95,325) for the third Renewal Term, bringing the total possible amount of compensation to a not - to -exceed amount of Two Hundred Eighty Five Thousand Nine Hundred Seventy Five Dollars ($285,975) For the Initial Teini and each Renewal Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," entitled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month Contractor's invoices shall include a bnef descnption of the Services perfoi riled, the dates the Services were performed, the number of hours spent and by whom, and a descnption of reimbursable expenses related to the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in wnting Any such notice shall be deemed delivered (i) on the date of delivery in person, (u) 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 City CIerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadisonici'citvofredlands org 2 L 1caldimlAgreements\Redlands Ford Agreement.NPS 2 1 docx in Contractor Adam Perez, Parts Manager Redlands Ford 1121 W Colton Avenue Redlands, CA 92374 Aperez@redlandsford.com (909) 793-3211 NPS -2 1 (2/6/19) (909) 798-7531 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 "C" 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, for public liability, property damage and personal injury is required 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 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 elfinsurance 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 7 1 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 3 L 1ca\djm\Agreements\Redlands Ford Agreement NPS -2 1 docx.jn NPS -2 1 (216119) 7 2 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, (in) 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, or 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 or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City 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 Clerk'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 or 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 Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 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 perforin 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 authonty, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authonty, express or implied, to bind City to any obligation 4 L Icaldjm\Agreements\Redlands Ford Agreement.NPS 2 1 docxJn NPS 2 1 (2/6/19) 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior wntten 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 project related data, drawings, specifications, reports, 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 8 5 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 8 6 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, wntten 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 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 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 5 L Icaldjm\Agreements\Redlands Ford Agreement.NPS 2 1 docx.jn NPS -2 1 (2/6/19) IN WITNESS WHEREOF, duly authonzed representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS REDLANDS F ,tl By By ,Denise -Davis; Mayor Pro Tem ATTEST Donaldson, City Clerk 6 L Ica\djm\Agreements\Redlands Ford Aereement.NPS 2 1 docx jn Adam Perez, Parts Manager NPS 2 1 (2/6/19) EXHIBIT "A" SCOPE OF SERVICES Contractor to provide Ford OEM Parts and Repairs for A Ford Motor Company Contractor shall provide high quality Certified Ford Original Equipment Manufacturer parts and repair service to City -owned Ford Motor Company automobiles, including cars, light duty and medium duty trucks, vans, and SUVs All repairs must use Ford Original Equipment Manufacturer replacement parts Contractor shall furnish all supplies, materials, labor, tools, equipment and transportation, and perform all requested services to the satisfaction of the City of Redlands Contractor must be Ford Motor Company authorized dealers capable of performing all warranty, diagnostic, general, and specialized repairs Contractor must be able to provide factory authorized warranty and service support Pick-up and delivery - Contractor shall provide pickup and delivery services as requested to the Equipment Maintenance Corporate Yard, 1270 W Park Avenue #BIdg E The Contractor must pick up and drop off, or arrange for pickup and drop off of City vehicles from City Corporate Yard, using shop tow truck or towing subcontractor Upon making a request, vehicles are to be picked up by the Contractor from the City Corporate Yard within 24 hours of request for repairs Upon completion of the work, the Contractor will have 24 hours to deliver the vehicle to the City Corporate Yard In the event that the Contractor is unable to make pick up or delivery within 24 hours, or cannot complete the repair for any other reason, Contractor must inform Fleet Superintendent when the order is placed In such a case, the City reserves the right to procure the service from another vendor AN deliveries under this agreement shall be accompanied by one copy of a delivery tag All delivery tags shall include the Contractor's name, the City's contact number, the date of the order, and itemized list of the materials furnished, including quantity, unit price and extension of each item, less applicable discount Repairs to Ford vehicles shall only be made after an itemized part and labor estimate has been submitted and authorization by the Fleet Superintendent has been given Upon completion of repair and delivery of vehicle, the vehicle will be inspected before acceptance by the Fleet Superintendent or Fleet Mechanics of the City of Redlands for workmanship, appearance, proper functioning, of all items and equipment, and conformance to ail other requirements of this specification If deficiencies are found, it shall be the responsibility of the Contractor to pick up the vehicle, make necessary correction and redeliver the vehicle for re -inspection and acceptance Payment will not be made until corrective action has been made FORD OEM PARTS AND REPAIRS 7 L Icald;mlAgreements\Redlands Ford Agreement.NPS 2 1 docx jn NPS -2 1 (2/6/19) Contractor's facility shall be a clean and safe working environment The facility shall comply with all federal, state, and local regulations Contractor shall be an established and factory authorized Original Equipment Manufacturer (OEM) parts dealer and/or service center for Ford products All Items provided under this agreement shall comply with all applicable Federal, State and local regulations including State of California Motor Vehicle Code, if applicable Authorized representative(s) of the City of Redlands shall be permitted to inspect the Contractor's facility on a periodic basis More frequent inspections shall be permitted to resolve repair issue and/or concerns by City representatives Contractor is required to maintain the minimum levels of information to assure that the correct and most current parts are used in service repairs, while providing the necessary technical support information Contractor is required to maintain the required levels of mechanical and electronic tools for the service levels and products for which they are certified Prior to contract being awarded, the most current published price list or a link with Dealer Cost pricing will be requested and must be provided to the City Fleet Manager Prior to the commencement of any work or repairs on City equipment, Contractor shall provide a written estimate to the City for the requested or recommended repairs Approval from an authorized representative of the City must be given prior to work being performed and shall be based on the provided estimated cost If additional work is required, approval from the City must be obtained prior to work being completed The City will not be responsible for the costs associated with any unauthorized repairs All work shall be inspected by a representative of the City for proper completion and correction of the reported concerns If it is determined that the concerns are not properly addressed, or the quality of work is unacceptable, the Contractor shall, at their expense, make the necessary corrections All items provided under this agreement shall be original equipment manufacturer (OEM) line of replacement parts All items provided under this agreement shall be equivalent in function and workmanship to the parts originally supplied on the vehicle(s) unless superseded by the vehicle/equipment manufacturer No generic parts shall be supplied Contractor shall maintain adequate local inventory of popular items and items regularly stocked by the City, to meet the City's emergency needs Emergency needs shall be delivered within three (3) hours of order, or shipped within the same business day if available and Contractor's inventory location is not within the greater Redlands region Wholesale parts shall be delivered within two (2) hours of order, if available, from the manufacturer Back orders shall be filled within four (4) working days The City shall be notified of all back -orders Contractor agrees to accept the return of unused and undamaged items purchased through this agreement at 100% of the contract price The provisions of this contract shall in no way prohibit the City from purchasing the same products and/or services listed herein from another supplier 8 L Icaldjm\Agreements\Redlands Ford Agreement.NPS 2 1 docapn EXHIBIT "B" PRICE AND FEE BID OPTION 1A• NPS -2 1 (2/6/19) FORD OEM PARTS AND REPAIRS WITH PICK-UP AND DELIVERY OF VEHICI..ES 1 Hourly Labor Rate 435 Hours $ 75 00 $ 32,625 2 Pick-up and delivery charge, per vehicle 60 vehicles $o $o 3 Parts and Materials Dealer Cost plus % Markup ($57,000 x % Markup = Unit Cost), (Unit Cost + $57,000 = Extended Cost) $57,000 $ 5,700 $ 62 700 TOTAL BID OPTION 1B $ 95,325 FORD OEM PARTS AND REPAIRS WITHOUT PICK-UP AND DELIVERY OF VEHICLES 1 Hourly Labor Rate 435 I -lours $ 75 00 2 Parts and Materials Dealer Cost plus % Markup ($57,000 x % Markup = Unit Cost), (Unit Cost f $57,000 = Extended Cost) $57,000 $ 5,700 $ 32,625 $ 62,700 TOTAL BID 9 L. IcaldjmlAgreements\Redlands Ford Agreement NPS 2 1 docxjn $ 95,325 NPS 2 1 (2/6/19) EXHIBIT "C" 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 tunes, 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. REiL• C' -i. By S , I Adam Perez, P Manager 10 L Ica\djm\Agreements\Redlands Ford Agreement.NPS 2 1 docx jn Date (9-13-iq NPS 21(216119) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of repair parts for heavy duty trucks ("Agreement") is made and entered in this 18th day of June, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and P & S Truck Center ("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 1 City hereby engages Contractor to perform repair parts for heavy duty trucks services for City (the "Services") 1 2 The Services shall be performed by Contractor m 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 m the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR 2 1 The Services that Contractor shall perform are more particularly descnbed in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws ARTICLE 3 — RESPONSIBILITIES OF CITY 3 I City shall make available to Contractor information in its possession that may assist Contractor in performing the Services 3 2 City designates Chris Boatman, Quality of Life Department, 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 pohcies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner m accordance with the schedule set forth m Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference The Services shall commence immediately after the Effective Date of this Agreement 4 2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Terin") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing wntten notice to Contractor at least thirty 1 L lealdimlAgreementsli' & S Truck Center Agreementdocx in NPS 2 1 (216/19) (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 3 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered m a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Twenty Two Thousand Five Hundred Sixty Five Dollars Sixty Cents ($22,565 60) for the Services provided during the Initial Term Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Twenty Two Thousand Five Hundred Sixty Five Dollars Sixty Cents ($22,565 60) for the second Renewal Term, and Twenty Two Thousand Five Hundred Sixty Five Dollars Sixty Cents ($22,565 60) for the third Renewal Term, bnngmg the total possible amount of compensation to a not -to -exceed amount of Sixty Seven Thousand Six Hundred Ninety Six Dollars Eighty Cents ($67,696 80) For the Initial Term and each Renewal Tenn, City shall pay Contractor on a time and materials basis up to the not to not - to -exceed amount in accordance with the rates specified in Exhibit "B," entitled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 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 descnption of reimbursable expenses related to the Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 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 m 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, m each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice m accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonadlson@cityofredlands org (909) 798-7531 2 L lea1djm\Agreements\P & S Truck Center Agreement.docx.Jn Contractor Mary McKee, Owner P & S Truck Center 161 East Valley Blvd Rialto, CA 92376 pstruckcenter@hotmail com (909) 874-2000 NPS 21(216119) 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 imless and until the required insurance fisted below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance pnor 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 m 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 Califorma Contractor shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference pnor to performance of the Services B Comprehensive General Liability insurance with careers acceptable to City in the minimum amount of One Milhon Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for pubhc liability, property damage and personal injury is required City shall be named as an additional insured and such insurance shall be pnmary and non-contributing to any insurance or self-insurance maintained by City C Busmess Auto Liability coverage, with mrimum limits of One Milhon Dollars ($1,000,000) per occurrence, combined single hmit 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 pninary and non-contributing to any insurance or self- insurance elfinsurance mamtamed 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 IN'I`hREST 7 1 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 m 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 havmg any such interest shall perform any Services under this Agreement 3 L Icaldjm\Agreements\P & 5 Truck Center Agreement.doex.in NPS -2 1 (2/6/19) 7 2 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, or 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 m a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified m City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City 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 Clerk's office pursuant to the wntten 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 or conditions of this Agreement the prevailing Party shall, m 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 wntten approval of City and m strict compliance with the terms and conditions of this Agreement Any assignment or attempted assignment without such prior wntten consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an mdependent 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 m 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 imphed, to bmd City to any obligation 4 L Icaldim\Agreements'P & S Truck Center Agreement.docx.in NP5-2 1 (2/6/19) 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days pnor 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 electromc form, where applicable) of project related data, drawings, specifications, reports, 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 8 5 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 8 6 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 m writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed m accordance with the laws of the State of California 8 8 Hone 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 5 L lcakijm\AgreementsW & S Truck Center Agreement.docx jn NPS -2 1 (216119) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed In confirmation of this Agreement CITY OF REDLANDS By --, S'C13— Denise Davis, Mayor Pro Tem ATTEST onaldson, City Clerk 6 L Ica\dim\Agreements\P & S Truck Center Agreement.docxjn P & S TRUCK CENTER Byz— Mar`y�Ivee Owner NPS -2 1 (2/6/19) EXHIBIT "A" SCOPE OF SERVICES Contractor shall supply heavy duty repair truck parts in a timely efficient manner Contractor will work collaboratively with staff to supply parts to repair various makes and models of heavy duty trucks. Primary equipment manufacturers are • International • Autocar • Peterbilt 7 L lealdim\Agreements\P & S Truck Center Agreementdocx jn NPS -2 1 (2/6/19) EXIiIBIT "B" PRICE AND FEE BID Quantities and items specified are an annual estimate of the City's requirements Contractor agrees to furnish more or less than the estimates at the unit prices quoted in accordance with availability of funds and actual needs as they occur throughout the contract period Estimated annual expenditures and quantities listed on the Price and Fee Bid are based on the most recent historical usage and are subject to increase or decrease Brie Iterri Az Parts Description B Pari# Cpm Brand Qty , Umt of Measureapphcable]<.., G Unit Brice Core C€iarge* Total Price (GxD#H I) .. 1 Brake Shoes Kit (Front w/23,000 Ib lining) GG47020 Haldex 25 each $ 48 60 $ 5 00 $ 1340 00 2 Brake Shoes Kit (Rear) GG47072 Haldex 25 each $ 51.06 $ 5 00 $ 1401 50 3 Brake Drum (Front) 615288 Webb 25 each $ 85 80 $ 0 $ 2145 00 4 Brake Drum (Rear) 66884B Webb 25 each $ 85 00 $ 0 $ 2125 00 5 Universal Joint M676X Merntor 10 each $ 37 23 $ 0 $ 372 30 6 Fan Clutch 90000 Kit Master 5 each $ 495 00 $ 0 $ 2475 00 7 Radiator 5900 065T Active 5 each $ 714 00 $ 0 $ 3570 00 8 Water Pump RW6079X Haldex 10 each $ 65 00 $ 20 OD $ 850 00 9 Rear Brake Chamber GC3030P40 Haldex 10 each $ 33 78 $ 0 $ 337 80 10 Power Steering Gear Box TAS65008X Steenng Camp 5 each $ 487 00 $ 100 00 $ 2935 00 11 AC Compressor 03 3002 E Truck Air 25 each $ 194 40 $ 0 $ 4860 00 12 AC Drier 07-0602A Truck Air 10 each $ 15 40 $ 0 $ 154 00 Prices shall include, but not be limited to, overhead costs, freight delivery, and all related fees of Column 1. GRAND TOTAL $ 22,565 60 *A core charge is a fee that is added to the price of parts When the old part (the core) is returned the City shall be reimbursed 8 L•1ca\djm\Agreements\P & S Truck Center Agreement.docx.jn NPS -2 1 (2/6/19) EXIIIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation m one or more of the following ways (a) (b) CHECK ONE By bemg insured agamst liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State 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 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured agamst 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 performmg 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 P & 5 TRUCK CENTER Date By Maryi!ickee, Owner 9 L 1ca\djm\Agreements\P & S Truck Center Agrcement,docx.in NPS 2 1 (216119) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of pick up and disposal of hazardous waste materials ("Agreement") is made and entered m this 18th day of June, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Haz Mat Trans, 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 1 City hereby engages Contractor to perform pick up and disposal of hazardous waste materials services for City (the "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 — SERVICES OF CONTRACTOR 2 1 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 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws 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 3 2 City designates Chris 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 4 1 Contractor shall perform and complete the Services m a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference The Services shall commence immediately after the Effective Date of this Agreement 4 2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term"), 1 L 1caldjm\Agreements\Haz Mat Trans Agreement.NPS 2 1 docx_jn NPS 21 (2/6/19) on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Tenn and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 3 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Fifty Two Thousand Two Hundred Thirty Dollars Thirty Cents ($52,230 30) for the Services provided during the Initial Term Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Fifty Two Thousand Two Hundred Thirty Dollars Thirty Cents ($52,230 30) for the second Renewal Term, and Fifty Two Thousand Two Hundred Thirty Dollars Thirty Cents ($52,230 30) for the third Renewal Term, bringing the total possible amount of compensation to a not -to -exceed amount of One Hundred Fifty Six Thousand Six Hundred Ninety Dollars Ninety Cents ($156,690 90) For the Initial Term and each Renewal Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified m Exhibit "B," entitled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 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 Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be hi writing Any such notice shall be deemed delivered (I) on the date of delivery m person, (n) 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 City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 idonadlsonncitvofredlands ora 2 L \ea\djm\Agreements\llaz Mat Trans Agreement.NPS 2 1 docx,in Contractor Mike Hammer, General Manager Haz Mat Trans, Inc 230 East Dumas Street San Bernardino, CA 92408 mikehainmer@hazmattrans com (909) 889-5607 NPS 2 1 (2/6119) (909) 798-7531 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 "C" 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, for public liability, property damage and personal injury is required City shall be named as an additional insured and such msurance shall be primary and non-contributing to any msurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) pei 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 7 1 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 3 L IcaldpmlAgreements\Haz Mat Trans Agreement.NPS 2 1 docxp NPS 2 1 (216/19) 7 2 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, (111) 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, or 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 or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City 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 Clerk'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 or conditions of this Agreement the prevailing Party shall, m 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 Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8 3 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 4 L lcaldjmlAgreements\Eiaz Mat Trans Agreement.NPS 2 1 docx.jn NPS -2 1 (2/6/19) agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) 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 (I) 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 (m both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, 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 8 5 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 8 6 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 relatmg to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be m writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed m accordance with the laws of the State of California 8 8 If one or more of the sentences, clauses, paragraphs or sections contained m 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 herem, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement 5 L lealdjm'Agreements\Haz Mat Trans Agreement.NPS 2 1 docx.jn NPS 21 (2/6/19) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confumation of this Agreement CITY OF REDLANDS By sj.\----..— Denise Davis, Mayor Pro Tem ATTEST e Donaldson, City Clerk 6 L IcaldjmlAgreements\Haz Mat Trans Agreement.NPS 2 1 docxp HAZ MAT TRANS, INC ike Hammer, General Manager NPS 21 (2/6/19) EXHIBIT ttA„ SCOPE OF SERVICES Contractor shall pick up and dispose of Hazardous Waste Materials to an Approved Treatment Storage Disposal Facility (TSDF) Services provided will be on quarterly basis or as requested by Fleet Manager Manifests will need to be provided for every service and hand delivered to Equipment Maintenance Project Assistant and/or Fleet Manager Contractor shall provide the following services on an as needed basis • Vacuum tanker, Non Hazardous/Hazardous per test results Liquid Clarifier service o Clarifier 1 (truck wash bay) o Clarifier 2 (mechanic shop wash bay) ■ Truck tires transported to an Approved TSDF for disposal, ■ Supply 55 Gallon Oil Filter barrels for filters, absorbent, and contaminated fuel, ■ Supply 5 Gallon Poly Pail, ■ Supply 4 Light Box and 8' Light Box, • Pick up and disposal of fluorescent light bulbs/tubes, ■ Supply 55 Gallon barrels for asphalt emulsion and diesel fuel mixture, • Pick up Asphalt Emulsion and Diesel Fuel Mixture, ■ Pick up and disposal of unused water and/or oil based paint 5 gallon containers, • Pick up and disposal of Universal Batteries to an Approved TSDF for disposal, • Pick up and disposal of Waste Oil, and ■ Pick up used absorbent (floor dry/oil absorbent) ■ Trained Dnver/Environmental Technician must be On -Site when material is being picked up for disposal Items described are required waste items and is expected to be handled and transported from Corporate Yard ■ Fluorescent bulbs/tubes ■ Absorbents • OH, absorbent rags ■ Drained oil filters • Water and oil based unused paint • Oil absorbent socks and pads ■ Waste oil ■ Waste gas and diesel 7 L 1caldjmlAgreementslHaz Mat Trans Agreement.NPS 2 1 doca.in NPS -2 1 (2/6/19) EXHIBIT "B" PRICE AND FEE BID SECTION A—Tire Disposal Item No Description A Unit of Measure B Estimated Quantity C Unit Price D Total Price (B x C = D) Al Truck Tires transported to an Approved TSDF for Disposal, per tire Each 3000 $ 5 00 $ 15,000 00 A2 *Transportation Cost from Redlands Corporate Yard to an approved TSDF location per transport/disposal 12 $ 300 00 $ 3,600 00 A3 Manifest and Labeling Fee Each 12 $ 0 $ 0 Al - A3 SUBTOTAL $ 18,600 00 SECTION B — Non Hazardous Solids or Liquids Item No Description A Unit of Measure B Estimated Quantity C Unit Price D Total Price (13 x C= D) 61 55 Gallon Oil Filter Drums Each 12 $ 0 $ 0 82 55 Gallon Drums for Disposal to an Approved TSDF Waste Non Hazardous Solid Crushed or Drained Oil Filters Each 12 $ 65 00 $ 780 00 B3 *Transportation Cost from Redlands Corporate Yard to an approved TSDF location per transport/disposal 12 $ 150 00 $ 1,800 00 84 Manifest and Labeling Fee Each 12 $ 20 00 $ 240 00 B1 - B4 SUBTOTAL $ 2,820 00 SECTION C — Fluorescent Tubes or Batteries Item No Description A Unit of Measure 8 Estimated Quantity C Unit Price 0 Total Price (B x C = D) C1 5 Gallon Poly Pail Each 10 $ 18 00 $ 180 00 C2 4 Light Box Each 4 $ 10 00 $ 40 00 C3 8' Light Box Each 2 $ 10 00 $ 20 00 C4 Disposal of Universal Batteries to an Approved TSDF Each 2 $ 50 00 $ 100 00 C5 Universal Fluorescent Tubes for Disposal, Per Foot Foot 4,752 $ 0 20 $ 950 40 C6 U -Lamps for Disposal, Per Lamp Each 30 $ 0 95 $ 28 50 C7 5 Gallon Pail Disposal to an Approved TSDF Waste Non RCRA Hazardous Non PCB Ballast, Per Lb Pound 264 $ 0 75 $ 198 00 C8 5 Gallon Pail Disposal to an Approved TSDF Waste RCRA Hazardous Non PCB Ballast, Per Lb Pound 40 $ 1 25 $ 50 00 8 L lcaldjm\Agreements\Haz Mat Trans Agreement.NPS 21 docxjn NPS 21 (216119) C9 HID Lamps for Disposal, Per Lamp Each 12 $ 1 45 $ 17 40 C10 *Transportation Cost from Redlands Corporate Yard to an approved TSDF location per transport/disposal 10 $ 150 00 $ 1,500 DO C11 Manifest and Labeling Fee Each 10 $ 0 $ 0 C1 - CII SUBTOTAL $ 3,084 30 SECTION 0 — Clarifier Removal and Pumping Item No Description A Unit of Measure B Estimated Quantity C Unit Price 0 Total Price (B x C = 0) 01 Pumping and Transportation Charge Each 6 $ 750 00 $ 4,500 00 02 Disposal Fees Each 6 $ 900 00 $ 5,400 00 D3 Solid Surcharge < 15% Solids Each 6 $ 0 $ 0 D4 Manifest and Labeling Fee Each 6 $ 0 $ 0 DI — D4 SUBTOTAL $ 9,900 00 SECTION E — Asphalt, S udge, and Diesel Removal Item No Description A Unit of Measure 6 Estimated Quantity C Unit Price D Total Price (B x C= 0) El Supply - 55 Gallon Metal Drum - Closed Top Each 12 $ 43 00 $ 516 00 E2 55 Gallon Drums for Disposal to an Approved TSDF Waste Non RCRA Diesel Asphalt Tack & Water Sludge Each 12 $ 85 00 $ 1,020 00 E3 *Transportation Cost from Redlands Corporate Yard to an approved TSDF location per transport/disposal 12 $ 100 00 $ 1,200 00 E4 Manifest and Labeling Fee Each 12 $ 20 00 $ 240 00 El - E4 SUBTOTAL $ 2,976 00 SECTION F — 011 and Water Based Paint Removal Item No Description A Unit of Measure 6 Estimated Quantity C Unit Price D Total Price (8 x C = 0) F1 Removal of unused oil based paint in 5 Gallon containers transported to an Approved TSDF for Disposal, per unit Each 5 $ 125 00 $ 625 00 F2 Removal of unused water based paint in 5 Gallon containers transported to an Approved TSDF for Disposal per unit Each 5 $ 125 00 $ 625 00 F3 Commodity pack of water based paint 55 gallon drum Each 20 $ 200 00 $ 4,000 00 F4 Commodity pack of oil based paint 55 gallon drum Each 20 $ 325 00 $ 6,500 00 9 L Ica\dim\Agreements\Haz Mat Trans Agreement.NPS 2 1 docx.p NPS 2 1 (2/6/19) BID TOTALS *Transportation Cost from Redlands Corporate per Bid Total Add subtotals in sections A - F $ 52,230 30 F5 Yard to an approved TSDF location transport/disposal 5 $ 600 00 $ 3,000 00 F6 Manifest and Labeling Fee Each 5 $ 20 00 $ 100 00 F1 - F6 SUBTOTAL $ 14,850 00 BID TOTALS TOTAL (IN FIGURES) Bid Total Add subtotals in sections A - F $ 52,230 30 Transportation Cost from Redlands Corporate Yard to an approved TSDF location must include all additional and related fees such as, staffing labor and testing fees pertaining to hazardous waste commodity 10 L 1caldjmlAgreements1.1-Taz Mat Trans Agreement.NPS 2 1 docx.jn NPS 2 1 (2/6/19) EXHIBIT "C" 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 agamst 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 1 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 HAZ MAT TRANS, INC Date By h ✓ Mike ammer, General Manager 11 L 1caldjmlAgreements\Haz Mat Trans Agreement.NPS 2 1 docajn A�QRLf CERTIFICATE OF LIABILITY INSURANCE DATE) 4/3/2019 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 Wood Gutmann & Bogart 15901 Red HETI Ave , Suite 100 Tustin CA 92780 CONTACT Dawn Stephens Wright PHONE FAX (A1C, No. EXtl 714 505 7000 (A/C, No). 714 573-1770 ADDRESS. dawn@wgbib.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A . Starr Indemnity & Liability CO COMMERCIAL GENERALLIABILITY INSURED HAZMA-2 Haz Mat Trans Inc 230 E Dumas Street San Bernardino CA 92408 ImsuRER s 1000066169191 INSURERC 4/1/2020 INSURERD 51,ODD ,000 SNSURER E . CLAIMS -MADE INSURER F - DAMAGE TO RENTED PREMISES (Ea occurrence) COVERAGES CERTIFICATE NUMBER 490045590 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 1NRSSR TYPE OF INSURANCE ADDL INSD SUBR wVD POLICY NUMBER POLICY EFF (MM/DD1YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERALLIABILITY 1000066169191 4/1/2019 4/1/2020 EACH OCCURRENCE 51,ODD ,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 5 100,000 MED EXP (Any one person) $ 5,000 X E&O PERSONAL & ADV INJURY 5 1,000,000 GEN'LAGGREGATE POLICY OTHER LIMIT APPLIES PROJECT PER LOC GENERAL AGGREGATE 5 2,000,000 PRODUCTS COMP/OPAGG $2,000,000 5 A AUTOMOBILE X - X LIABILITY ANY AUTO ALL AUTOS OWNED HIRED AUTOS X X SCHEDULED AUTOS NON-0WNED AUTOS MCS90 1000065169191 4/112019 4/1!2020 COMBINED SINGLE LIMIT (Ea accident) 5 1.000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident) 5 $ A X UMBRELLA LIAB EXCESS LIAB - OCCUR CLAIMS MADE 1000336079191 4/1/2019 4/1/2020 EACH OCCURRENCE 5 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below N 1 A 1000066169191 4/1/2019 4/112020 X € PERTUTE 1 OTHER E.L EACH ACCIDENT S 1,000,000 EL DISEASE EA EMPLOYEE $ 1,000,000 E.L DISEASE POLICY LIMIT $ 1 000,000 A Contractors Poll 1000066169191 4/112019 4/1/2020 Occnnenco 1 000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule may be attached if more space Is required) City of Redlands is named as additional insured on the General Liability OG 023 which includes Primary and Non-Contnbutory wording and Waiver of Subrogation as required by wntten contract subject to the terms and conditions of the policy Auto additional Insured applies per attached SICA 1024 Auto Pnmary and Non -Contributory wording applies per attached SICA 1017 Auto Waiver applies per attached CA 04 44 10 13 CERTIFICATE HOLDER CANCELLATION City of Redlands P 0 Box 3005 Redlands CA 92373 ACORD 25 (2014101) SHOULD ANY OF TETE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE © 1988 2014 ACORD CORPORATION Ali rights reserved The ACORD name and logo are registered marks of ACORD Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS Policy Number SISIPCA08366619 Effective Date.04{0112019 at 12 01 AM Named Insured. Haz Mat Trans, Inc This policy is amended as follows BUSINESS AUTO COVERAGE FORM Section IV— Business Auto Conditions, B , General Conditions, 5 , Other Insurance, c , is amended by the addition of the following sentence The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident All other terms and conditions remain unchanged Signed for STARR INDEMNITY & LIABILITY COMPANY Steve Blakey, President an Chief Executive Officer , / ' errAr Nehemiah E Ginsburg, General Counsel SICA 1017 (02/12) Page 1 of 1 Copyright © C V Starr & Company and Starr Indemnity & Liability Company All nghts reserved Includes copyrighted material of 1S0 Properties, Inc , used with its permission Starr Indemnity & Liability Company Dallas, TX 1-866-519-2522 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY Policy Number SISIPCA08366619 Effective Date 04/01/2019 at 12 01 AM Named Insured Haz Mat Trans, Inc ADDITIONAL INSURED - Where Required Under Contract or Agreement (Additional Insured Schedule) This policy is amended as follows BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED Blanket where required by a written contract. SECTION II — LIABILITY COVERAGE A Coverage, 1 Who is Insured, is amended to add d Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to liability arising out of use of a covered "auto However, the insurance provided will not exceed the lesser of (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement Signed for STARR INDEMNITY & LIABILITY COMPANY n elo Charles H Dag , resident Nehemiah E Ginsburg, GeneralCounsel SICA 1024 (04112) Page 1 of 1 Copyright O C V Starr & Company and Starr Indemnity & Liability Company All nghts reserved Includes copyrighted material of ISO Properties, Inc , used with its permission POLICY NUMBER SISIPCA08366619 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Named Insured Flaz Mat Trans, Inc Endorsement Effective Date 04/01/2019 SCHEDULE Name(s) Of Person(s) Or Organization(s) Blanket where required by a wntten contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organizatron(s) shown in the Schedule but only to the extent that subrogation is waived pnor to the "accident" or the "loss" under a contract with that person or organization CA 044410/3 © Insurance Services Office, Inc , 2011 Page 1 of 1 Starr Indemnity & Liability Company Dallas TX 1-866-619-2522 Primary and Non-contributory, Additional Insured and Waiver of Subrogation Policy Number 1000066169191 Effective Date 04/01/2019 at 12 01 A M Named Insured. Haz Mat Trans, Inc This endorsement modifies the insurance coverage form(s) listed below that have been purchased by you and evidenced as such on the Declarations page Please read the endorsement and respective policy(ies) carefully Commercial General Liability Coverage Form Owners and Contractors Protective Liability Coverage form Products/Completed Operations Liability Coverage Form Contractors Pollution Liability Coverage Form Professional Liability Coverage Form Site Pollution Liability Coverage Form SCHEDULE Where Required By Written Contract A SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule of this endorsement, but only with respect to liability arising out of "your work" for that insured by or for you B As respects additional insureds as defined above, this Insurance also applies to bodily injury' or property damage" arising out of your negligence when the following written contract requirements are applicable 1 Coverage available under this coverage part shall apply as pnmary insurance Any other insurance available to these additional insured's shall apply as excess and not contribute as primary to the insurance afforded by this endorsement 2 We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage ansing out of "your work" done under a written contract with the additional insured 3 The term insured is used separately and not collectively, but the inclusion of more than one insured shall not increase the limits or coverage provided by this insurance insureds and Agents are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy Certificates should not be used to amend, expand or otherwise alter the terms of the actual policy All other terms and conditions of this Policy remain unchanged Signed for STARR INDEMNITY & LIABILITY COMPANY 641 Charles H Dagf[ e Io, President Nehemiah E Ginsburg, General Counsel OG 023 (06111} Page 1 of 1 Copyright QC V Starr & Company and Starr Indemnity & Liability Company AN rights reserved Includes copyrighted material of ISO Properties Inc used with ds permission Form W-9Grve ,Rev October2018) Depanmen• o ,h. Treasury Int=nal=even;ie Service • Request for Taxpayer Identification Number and Certification ► Go to www us.gov/FormW9 for instructions and the latest information Form to the requester Do not send to the IRS IPrint or type. See Specific Instructions on page 3 1 Name as shown or yo,ir income tax return) Name is required on this ilne do not leave this line blank HAL MAT TRANS, INC 2 Business ^amefdisregarded entry name if different .rom above 3 Check appropriate box 1n federal tax classification of the person whose name is entered �n line 1 Check lotlowing seven boxes ❑ Individual/sole proprieto. or ❑ C Corporation ❑ S Corporation ❑ Partnership single member LLC 11 Limited (lability company Ener the tax classificat,on (C=C corporation S=S corporation P -Partnership) Note' Check the appropriate box in the line above to, the tax classification of the single member owner LLC it the LLC is classified as a sing1 -member LLC that 15 disregarded from the owner unless the owne, anothc• LLC that is not disregarded from the owner for U.S federal ,ax purposes Otherwise a single is disregarded from the owner should check the appropriate box for the tax classification of its owner ❑ Other (see instructions; ► only one of the 4 Exemptions Ceram entities instr 1Ctons Exemp' nave= Ex.motion code f f any <sc^.. c z 'n� Icooes aooly only to no, individuals see on page 3) cod= (r` anyi ilii Trust/estate ► from =AMA CA reponi^e Do not check of the LLC is -member LLC tha _ ,r ', rex Js. -e' : _ 5 Address (number street and apt or spite no.) See instructions 230 E DUMAS STREET Requester's name_ and address )optional. 6 City sta,e and ZIP code SAN BERNARDINO, CA 92408 7 List account number's) here (optional) axpayer identification Number (TIN} Enter your TIN in the appropriate box The TIN provided must match the name given on line 1 to avoid backup withholding For individuals this is generally your social security number (SSN) However for a resident alien sole proprietor or disregarded entity see the instructions for Part I later For other entities, 0 is your employer identification number (EIN) if you do not have a number see How to get a TIN later Note If the account is In more than one name see the instructions for line 1 Also see What Name and Number To Give the Requester 'or guidelines on whose number to enter Social security number or Employer identification number 3 3 0 1 7 8 4 9 0 Part 11 Certification Under penalties of perjury I certify that 1 -he number shown on this form is my correct -axpayer identification number (or I am waiting for a number to be issued to me) and 2 I am not subject to backup withholding oecause fa) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding and 3 I am a U S citizen or o'her U S person (defined below) and 4 The FATCA code(s) entered on -his form pi any) indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions item 2 does not apply For mortgage interest paid acquisition or abandonment of secured property cancellation of debt contributions to an individual retirement arrangement (IRA) and generally, pavmen"s other than interest and dividends you are not required to sign the cer•ification but you must provide your correct TIN See the instructions for 'part it later Sign Here Signature of U.S person ► J j Date IP. 5 ) General Instructi6ns Section refe,ences are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions such as legislation enacted atter they were published go to www rrs.gov/FormW9 Purpose of Form An ind€vio„al or entity (Form W 9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer ldent'sfication number(ITIN) adoption taxpayer identifica-ion number (ATIN) or employer identification number (EIN) to report on an information return the amount paid to you or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099 -INT (interest eamed or paid) 7 • Form 1099 DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income prizes. awaros or gross proceeds) • Form 1099-6 (stock or mutual fund sales and certain other transactions by brokers) Form 1099 S (proceeds from real estate transactions) • Form 1099 K (merchant card and third party network transactions} • Form 1098 (home mortgage interest) 1098 E (student loan Interest) 1098 T (tultton) • Form 1099-C (canceled debt) • Form 1099 A (acquisition or abandonment of sec,rred p opertyl Use Form W-9 only if you are a U S person (including a resident alien) to provide your correct TIN If you do not return Form W-9 to the requester with a TIN you might be subject to backup withholding See What is backup withholding later Cat No 10231X Form W-9 (Rei 10 20,5 NPS 2 1 (2/6/19) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement foi the provision of Ford Original Equipment Manufacturer (OEM) parts ("Agreement") is made and entered in this 18th day of June, 20I9 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Fairview Ford Sales, 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 1 City hereby engages Contractor to perform Ford OEM parts services for City (the "Services") 1 2 The Services shall be performed by Contractoi 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 — SERVICES OF CONTRACTOR 2 1 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 2 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, State prevailing wage laws 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 3 2 City designates Chris 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 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by reference The Services shall commence Immediately after the Effective Date of this Agreement 4 2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an "Extended Term' ), 1 L Ica\djmlAgreemenis\Fairview Ford Sales Agreement NPS 2 I docxin NPS -2 1 (2/6/19) on the saine terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 3 If Contractor's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same It shall be the obligation of Contractor to obtain a copy of such policy from City staff ARTICLE 5 -- PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of Twenty One Thousand Six Hundred Sixty Seven Dollars Twenty Five Cents ($21,667 25) for the Services provided during the Initial Term Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Twenty One Thousand Six Hundred Sixty Seven Dollars Twenty Five Cents ($21,667 25) for the second Renewal Term, and Twenty One Thousand Six Hundred Sixty Seven Dollars Twenty Five Cents ($21,667 25) for the third Renewal Term, bringing the total possible amount of compensation to a not -to -exceed amount of Sixty Five Thousand One Dollars Seventy Five Cents ($65,001 75) For the Initial Terni and each Renewal Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "B," entitled "Price and Fee Bid," which is attached hereto and incorporated herein by reference 5 2 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 Services City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 5 3 Any notice 01 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 01 express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party inay provide notice in accordance with this section City City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 idonadlson it citvotredland5 oiu L 1ca\dimlAgreements\Fairview Ford Sales Agreement NAS 2 1 docxin Contractor Linda Barman, Parts Manager Fairview Ford Sales, Inc PO Box 1390 San Bernardino, CA 92402 Lbarman@fairviewford corn (909) 386-0266 NPS 2 1 (2(6/19} (909) 798-7531 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 ] 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 "C" 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, for public liability, property damage and personal injury is required 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 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 7 1 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 3 L 1caldjmlAgreements\Fairviev, Ford Sales Agreement NPS 2 1 docx.jn NPS 2 1 (2/6/19) 7 2 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, or 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 or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302 7 3 In the event City 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 Clerk'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 or 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 Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement 8 3 Contractor is for all purposes under this Agreement an independent contractoi 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 4 L 1ca\dim\Agreements\Fairview Ford Sales Agreement.NPS 2 1 docvjn NPS -2 1 (2/6/19) 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior wi itten 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 project related data, drawings, specifications, reports, summaries and such other inforination 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 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services foi 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 8 6 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 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California 8 8 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 5 L Ica\dimlAgreements1Fairview Ford Sales Agreement NPS 2 1 docx in NPS 2 1 (216/19) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS By G—_ 5 , FAIRVIEW FORD SALES, INC By (Zn GC l.Li i‘a'S')/1-4?-4(---) Denise Davis, Mayor Pro Tem Linda Barman, Parts Manager ATTEST Donaldson, City Clerk 6 L IcaldjmlAgreements\Fairview Ford Sales Agreement NPS 2 1 docx in NPS 2 1 (2/6119) EXHIBIT "A" SCOPE OF SERVICES Contractor shall continue to be an established factory authorized Original Equipment Manufacturer (OEM) parts dealer and/or service center for Ford products during the Term of this agreement Contractor to supply cost-effective Ford OEM wholesale parts in a timely efficient manner All items provided under this agreement shall comply with all applicable Federal, State and local regulations including State of California Motor Vehicle Code, if applicable Contractor is required to maintain the minimum levels of information to assure that the correct and most current parts are used in service repairs, while providing the necessary technical support information Contractor is required to maintain the required levels of products for which they are certified Prior to contract being awarded, the most current published price list or a link with Dealer Cost pricing will be requested and must be provided to the City's Fleet Manager All items provided under this agreement shall be original equipment manufacturer (OEM) line of replacement parts All items provided under this agreement shall be equivalent in function and workmanship to the parts originally supplied on the vehicle(s) unless superseded by the vehicle/equipment manufacturer No generic parts shall be supplied The Contractor shall maintain adequate local inventory of popular items and items regularly stocked by the City, to meet the City's emergency needs Emergency needs shall be delivered within three (3) hours of order, or shipped within the same business day if available and Contractor's inventory location is not within the greater Redlands region Wholesale parts shall be delivered within two (2) hours of order, if available from the manufacturer Back orders shall be filled within four (4) working days The City shall be notified of all back -orders Contractor agrees to accept the return of unused and undamaged items purchased through this agreement Term at 100% of the contract price The provisions of this contract shall in no way prohibit the City from purchasing the same products and/or services listed herein from another supplier 7 L Icaldjm\Agreements\Fairview Ford Sales Agreement.NPS 2 1 docx.jn NPS -2 1 (216/19) EXHIBIT "B" PRICE AND FEE BID Line Item # A Description B Part # C Estimated Quantity D. Unit Cost E Total Cost 1 Sender Assy — Fuel Tank 6C3Z-9275 VA 25 $ 308 91 $ 7,722 75 2 Exhaust Tube DB5Z-5G203-A 25 $ 243 55 $ 6,088 75 3 Nozzle Asy 4C3Z-9E527-BRM 20 $ 173 25 $ 3,465 00 4 Pipe — Fuel Filler DG1Z-9034-G 20 $ 115 93 $ 2,318 60 5 Wrench — Wheel Nut 5L1Z-17032-A 15 $ 24 57 $ 368 55 6 Mt —Spanner 5L1Z-17003-A 15 $ 87 36 $ 1,310 40 7 Handle 1L3Z 9943400 -BAA 10 $ 23 18 $ 23180 8 Motor and Purnp Asy 7R3Z-17664-A 10 $ 16 14 $ 16140 GRAND TOTAL (C x D = E) $ $ 21,667 25 8 L 1caldimlAgreements\Fairvew Ford Sales Agreement NPS 2 I docx in NPS 2 1 (2/6/19) EXHIBIT "C" 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 1 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 1 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 1 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 FAIRVIEW FORD SALES, INC By6L2 4301.14,1‹....) Linda Barman, Parts Manager 9 L Ica\dim\Agreements\Fairview Ford Sales Agreement.NPS 2 1 docxun Date 6' f3" %? NPS 2.2 (5/29/18) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement foi the provision of Landscape Maintenance Services at Hillside Memorial Park ("Agreement ') is made and entered in this 18th day of June, 2019 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Greenway Landscape ("Conti actor ) City and Contractoi are sometimes individually referred to herem as a "Party" and, together, as Parties ' In consideration of the mutual promises contained herein, City and Contractoi agree as follows ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform Landscape Maintenance Services at Hillside Memorial Paik services foi City (the "Services") 1 2 The Services shall be performed by Contractoi m a professional mannei, and Contractoi represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently mamtamed by other practicing professional Contractors in the industry providing like and snnmlai types of Services ARTICLE 2 — RESPONSIBILITTFS OF CONTRACTOR 2 1 The Services that Contractoi shall perforin are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached heieto and incorporated herein by reference 2 2 Contiactoi shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Laboi Code and prevailing wage laws and non-discrimination laws, including the Arnencans with Disabilities Act Pursuant to Laboi Code section 1773 2, copies of the prevailing rates of per diem wages as determined by the Director of the Califon -11a Department of Industrial Relations foi each craft, classification 01 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 Cajon Street, Suite 15A (Mailing P 0 Box 3005), Redlands, California 92373 2 3 Contractoi acknowledges that if it violates the Laboi Code piovisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Laboi Code section 1771 6 2 4 If Contiactor executes an agreement with a subcontractoi to perform any portion of the Services, Contactoi shall comply with Laboi Code sections 1775 and 1777 7, and shall provide the subcontractoi with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions estabhshmg penalties foi failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Laboi Code sections 1775 and 1813 2 5 Contractoi and its subcontractors shall comply with the provisions of Laboi Code section 1776 regarding payroll records maintenance, certifications, retention and inspection 1 L \caldaan\Agreements\Greenway Landscape Agreernent.NPS 2 2.dnexdn NPS 2.2 {5(39/18) 2 6 Contractoi acknowledges that eight (8) hours constitutes a legal day's work pursuant to Laboi Code section 1810 2 7 Contractor shall comply with the provisions of Laboi Code section 1777 5 as to apprenticeships, and Laboi Code sections 1771, 1775, 1776, 1777 5, 1813 and 1815 2 8 Pursuant to Public Contract Code section 7103 5(b), Contractoi offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have undei section 4 of the Clayton Act (15 U S C section 15) 01 undei the Cartwnght Act (Chaptei 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Wolk oi materials pursuant to this Agreement ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractoi information m its possession that may assist Contiactoi m performing the Services 3 2 City designates Chns Boatman, Quality of Life Directoi, as City's representative with respect to performance of the Services, and such person shall have the authority to ti ansnut instructions, receive information, interpret and defme City's policies and decisions with respect to performance of the Services ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractoi shall perforin and complete the Services m a prompt and diligent manner m accordance with the schedule set forth in Exhibit "A," entitled "Scope of Services " The Services shall commence within ten (10) days of the Effective Date of this Agreement 4 2 The term of this Agieernent shall connnence on the Effective Date of this Agreement and terminate on June 30, 2020, sinless terminated eailiei as provided herein ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Compensation Total compensation for Contractoi's performance of the Services shall not exceed the amount of fifty three thousand nine hundred forty four dollais ($53,944 00) City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B" entitled "Fee Schedule" attached hereto and incorporated herein by reference 5 2 Contractoi shall submit monthly invoices to City descnbing the Services performed during the preceding month Contractor's invoices shall include a brief descnption 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 Contractoi no later than thirty (30) days after receipt and approval by City of Contiactoi's invoice 5 3 Any notice oi othei communication required, 01 which inay be given, pursuant to this Agreement, shall be m writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days aftei deposit in first class registered mail, with return 9 L Ica1dimlAgreements\Greenway Landscape Agreement.NPS 2 2.docx�n NPS 2.2 (5/29/1g) receipt requested, (ui) on the actual delivery date if deposited with an overnight counei, 01 (iv) on the date sent by facsimile, if confinned with a copy sent contemporaneously by first class, certified, i egistei ed of express mail, in each case properly posted and fully prepaid to the appropriate adds ess set forth below, 01 such other address as a Party may provide notice in accordance with this section City City Cleik City of Redlands 35 Cajon Street P 0 Box. 3005 (mailing) Redlands, CA 92373 idonaldson_a citvofiedlands orR (909) 798-7531 Contractoi Cosme Ramirez, Ownei Greenway Landscape 41106 Pascal]. Ln Lake Elsinore, CA 92532 cosnle ireenwa\.(i? com (951) 805-7891 ARTICLE 6 . INSURANCE AND INDEMNIFICATION 6 1 The following insui ance coves age required by this Agreement shall be maintained by Contiactoi foi the duration of its performance of the Services Contractoi shall not perform any Services unless and until the required nisei ante listed below is obtained by Contractoi Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance pmol to commencement of the Services Insurance policies shall include a provision prohibiting cancellation of modification of the policy except upon thirty (30) days prior wntten notice to City A Workers' Compensation and Employer's Liability insurance in the amount that meets statutory iequnements with an msurance can -lei acceptable to City, 01 certification to City that Contractoi is self-msured 01 exempt from the workers' compensation laws of the State of California Contractoi shall execute and provide City with Exhibit "C" entitled "Workers' Compensation Insurance Certification," winch is attached hereto and incorpoiated hes em by this reference prior to performance of the Services B Comprehensive Gene]. al Liability rises ante with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) pei occurrence and Two Million Dollars ($2,000,000) aggregate, foi public liability, property damage and personal injury is requued City shall be named as an additional insured and such msurance shall be primary and non-contributing to any insurance o1 self-insurance maintained by City C Business Auto Liability coverage, with niimmum limits of One Million Dollars ($1,000,000) pei occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractoi owned vehicles used m connection with Contractor's provision of the Services, hired and non -owned velucles, 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 01 self insui ance maintained by City 6 2 Contractoi shall defend, indemmfy and hold harmless City and its elected officials, employees and agents from and against any and all clans, losses ea liability, including 3 L 1caldimlAgreements\Greenway Landscape Agreement.NPS 2.2.docx jn NPS 2.2 (5/29/18) attorneys' fees, arising fiom injury of death to persons 01 damage to property occasioned by any negligent act 01 omission by, oi the willful misconduct of, Contractoi, oi its officers, employees and agents m perfornung the Services ARTICLE 7 --- CONFLICTS OF INTEREST 7 1 Contractoi covenants and represents that it does not have any investment of interest m any real property that may be the subject of this Agreement 01 any other source of income, interest na ieal property 01 investment that would be affected in any manner or degree by the performance of Conti actoi 's Services Contractoi furthei covenants and represents that in the performance of its duties hereundei, no person having any such interest shall perform any Services undei this Agreement 7 2 Contractoi agrees it is not a designated employee within the meaning of the Political Reform Act because Contractoi A Does not make a governmental decision whether to (i) approve a rate, rule or regulation, 01 adopt oi enforce a City law, (n) issue, deny, suspend 01 revoke any City permit, license, application, certification, approval, order or sinulai authorization 01 entitlement, (nn) authorize City to entei into, modify 01 renew a contract, (iv) pant City approval to a contract that requn es City approval and to which City is a party, 01 to the specifications foi such a contract, (v) grant City approval to a plan, design, report, study oi snnulai item, (vi) adopt, 01 giant City approval of, policies, standards oi guidelines foi City 01 foi any subdivision thereof B Does not serve in a staff capacity with City and in that capacity, participate in making a govermnental decision or otherwise perform the same 01 substantially the same duties foi City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code undei Govermnent Code section 87302 7 3 In the event City officially determines that Contractor must disclose its financial interests, Contractoi shall complete and file a Fan Political Practices Commission Fonn 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Cleik ARTICLE 8 --- GENERAL CONSIDERATIONS 8 1 In the event any action is conunenced to enforce or interpret any of the terms 01 conditions of thus 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 foi the use of in- house counsel by a Party 4 L 1ca\djaMgreements\Greenway Landscape Agreement.NPS 2.2.docain NPS 2.2 (5/29111) 8 2 Contractoi shall not assign any of the Services, except with the prioi written approval of City and in strict compliance with the terms and conditions of this Agreement Any assignment 01 attempted assignment without such pnoi written consent may, in the sole discretion of City, results m City's immediate termination of this Agreement 8 3 Contractoi is foi all purposes undei this Agreement an independent contiactoi and shall perform the Services as an independent conte actoi Neithei City inoi of its agents shall have control ovei the conduct of Contractoi 01 Contractoi's employees, except as herein set forth Contractoi shall supply all necessary tools and instrumentalities required to perforin the Services Assigned personnel employed by Contiactoi are for its account only, and in no event shall Contractoi or personnel retained by it be deemed to have been employed by City of engaged by City foi the account of, 01 on behalf of City Contractoi shall have no authority, express 01 implied, to act on behalf of City in any capacity whatsoevei as an agent, noi shall Contiactoi have any authority, express 01 implied, to bind City to any obligation 8 4 This Agreement may be tenminated by City, in its sole discretion, by providing not less than five (5) days prioi written notice to Contractoi of City's intent to terminate If this Agreement is tennnunated by City, an adjustment to Contractoi's compensation shall be made, but (1) no amount shall be allowed foi anticipated profit 01 unperformed Services, and (2) any payment due Contractor at the time oftemunation may be adjusted to the extent of any additional costs to City occasioned by any default by Contractoi Upon receipt of a ternunation notice, Contractoi shall mnrnediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver 01 otherwise make available to City, copies (in both hard copy and electronic forma, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such othei information and materials as may have been accumulated by Contractoi in performing the Services Contractor shall be compensated on a pro -rata basis foi Services completed up to the date of termination 8 5 Contractoi shall maintain books, ledgers, invoices, accounts and othei records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or foi any longei period required by law, from the date of final payment to Contractoi pursuant to this Agieement Such books shall be available at reasonable times for exan-imation by City at the office of Contractoi 8 6 This Agreement, including the Exhibits incorporated heiem by reference, represents the entu e agreement and undeistanding between the Parties as to the matters contained herein, and any prioi negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided foi herein, any amendment to tlus Agreement shall be m writing, approved by City and signed by City and Contractoi 8 7 This Agreement shall be governed by and construed m accordance with the laws of the State of California 8 8 If one oi more of the sentences, clauses, paragraphs 01 sections contained in this Agreement is declared invalid, void oi unenforceable by a court of competent jurisdiction, the same 5 L 1ca\djm\Agreements\Greenway Landscape Agreement.NPS 2.2 docx jn NPS 2.2 (5129118) shall be deemed severable from the remainder of this Agieenient and shall not affect, iinpan of invalidate the remaining sentences, clauses, paragraphs 01 sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain undei this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractoi have signed m confirmation of this Agreement CITY OF REDLANDS By s Denise Davis, Mayor Pro Tem ATTEST Donaldson, City Cleik 6 L 1ca1djm\Agreements\Greenwa) Landscape Agreement.NPS 2 2.docx dn GREENWAY LANDSCAPE NPS 2 2 (5/29118) EXHIBIT '►A" SCOPE OF SERVICES 1 TURF/GRASS TRIMMING Mowing height foi all turf grass areas shall be no less than 1 5" and shall not exceed 2 5" during the months of Novembei to April Through the months of May to Octobei turf gi ass shall be mowed at a height of 3 5" to 4 5 " The turf shall be cut at a uniform height leaving no scalping 01 uneven cuts Ti ash and debris shall be cleaned up prior to each mowing Mowing shall be performed at the following estimated intervals 4 times pei month during summer (June, July, August, September), 2 tines pei month during winter (Octobei, Novembei, December, January, February, March, April, May) The specific hours required foi each service may change from these estimates at city staff discretion 2 STRING TRIMMER All areas in need of trimming ing such as turf grass, ground cover, small shrubs, etc shall be mechanically trznnmed Tramming shall be performed around all signs, posts, tees, shrubs, utility posts, fencing, and all other obstacles taking special care to not cause any damage Grass shall be trimmed at a height corresponding with specifications determined by the mowing schedule 3 WEED CONTROL (CHEMICAL TREATMENT, MANUAL REMOVAL) The contractor shall momtoi and provide continuous weed control and shall take timely measures to treat them with appropriate heibicide application Applicatoi shall take appropriate pleasures and precautions while applying various pesticides and/oi heibicides to meet with all county rules and regulations 7 L \caldpnlAgreements\Greenway Landscape Agreement.NPS 2.2.docx jn Line items Discount Terms no discount Type item Cone UOM Turf grass mowing & trim 1 mowing and tramming 32 times per vea- each Weed control weed control 32 tine= per year Sach EXHIBIT tt$tt (Name of Fee Schedule) Qty Unit Price NPS 2.2 (5/29/18) € ine Total Discount Comment 1 540 42.4 0000 540,444 0000 540 444 0000 Subtotal 540,444.0000 540 444.0000 1 $13,500.0000 $13 500 0000 $13 500 0300 Subtotal 513 500 0000 513.500.0000 Total S53 944.0000 553,944.0000 8 L Icaldjm1Aarreements\Greenwa) Landscape Agreelnent.NPS ? 2.docxv NPS ? 2 {5/29/18) EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employei, except the State, shall secure the payment of compensation in one 01 more of the following ways (a) By being insured against liability to pay compensation by one of more insurers duly authorized to write compensation insurance in tins State (b) By securing from the Director of Industrial Relations, a certificate of consent to self=)insure, either as an individual employei, 01 as one employer in a group of employers, winch 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 jus 01 hei employees CHECK ONE 1 I am awaie of the piovisions of Section 3700 of the Laboi Code which requires every employei to be insuied against liability foi Workers' Compensation oi 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 woik and activities required 01 permitted under this Agreement (Laboi Code §1861) I affirm that at all times, in performing the woik and activities required oi pennitted undei this Agreement, I shall not employ any person in any manner such that I become subject to the woikers' compensation laws of California However, at any time, if I employ any person such that I become subject to the woikers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, 01 a certification of workers' compensation insurance I certify undei penalty of penury under the laws of the State of California that the information and representations made m this certificate are true and con eat GREENWAY L DSCAPE Date (1 /" /9 By Cos le Rai irez, Ownei 9 L Icald, m\Agreements\Greenway Landscape Aereement.NPS 2.2.docx