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HomeMy WebLinkAboutContracts & Agreements_64-2008AGREEMENT TO PERFORM ROCK CRUSHING This agreement for rock crushing services for the City of Redlands' California Street Landfill ("Agreement") is made and entered into this 6th day of May, 2008 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Amalgamated Recycling, Inc ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "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 rock crushing services for City's California Street Landfill (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 Contractors in the industry providing similar Services ARTICLE 2 - SERVICES OF CONTRACTOR 2 1 The Services which Contractor shall perforin are more particularly described in Exhibit "A," entitled "Scope of Services," which is attached hereto and incorporated herein by this reference 2 2 Contractor shall comply with all applicableiludm Federal, but not lirriited�toa thews and ans with tions in the performance of this Agreementg, Disabilities Act, the Fair Employment and Housing Act and prevailing wage laws commencing at Labor Code section 1770 et seq and non-discrimination laws including the Americans with Disabilities Act H lagreementslrock crushing (3) doc 4/21/08 3 56 p m 1 ARTICLE 3 - RESPONSIBILI 1'lES OF CITY 3 1 City will make reasonable provision for Contractor to enter upon City -owned property, as required by Contractor, to perform the Services 3 2 City designates Gary Van Dorst as City's representative with respect to performance of the Services, and such person shall have the authonty 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 the Services m a prompt and diligent manner and in accordance with the schedule set forth m Exhibit "B," entitled "Project Schedule " 4 2 At any time during the term of this Agreement, City may request that Contractor perform Extra Services As used herem, "Extra Services" means any work which is determined necessary by City for the proper completion of the project or work for which the Services are being performed, but which the Parties did not reasonably anticipate would be necessary at the time of execution of this Agreement Provided the Extra Work does not exceed twenty percent (20%) of the compensation to be paid by City to Contractor for the Services, such Extra Work may be agreed to by the Parties by written amendment to this Agreement, executed by City's City Manager Contractor shall not perform, nor be compensated for, Extra Work without such written authorization from City ARTICLE 5 - PAYMENTS TO CON'TEA.CTOR er cubic 5 1 City shall pay Contractor on a time cribed m ExliibibtaCs' entrtlede rate of $10 11 "P "Project Costs,'pwh ch is yard and the mobilization rates d incorporated herein by this reference 5 2 Contractor shall submit monthly invoices shall into City clude a brief description of the Services escribing the work performed dunng the preceding month Contractor's invoices performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses, if any. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice, provided (1) the Services reflected in the invoice were performed to the reasonable satisfaction of City in accordance with the terms of this Agreement, (2) that the number of hours of Services set forth in the invoice reflects the amount of tune ordinarily expended for such Services by members of the profession currently practicing in the same locality under similar conditions, H lagreements\rock crushing (3) doc 4/21/08 3 56 p m 2 and (3) that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of the Agreement. 5 3 All notices shall be given in writing by personal delivery or by mail Notices sent by mail should be addressed as follows Gary Van Dorst, Director Quality of Life Department City of Redlands 35 Cajon Street, Suite 222 PO Box 3005 (mailing) Redlands, CA 92373 Contractor Mike McKinley, President Amalgamated Recycling, Inc. 665 Manlyn Avenue Brawley, CA 92227 When so addressed, such notices shall be deemed given upon deposit in the United States Mail Changes may be made m the names and addresses of the person to who notices and payments are to be given by giving notice pursuant to this section 5.3. ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6 1 All insurance 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 all 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 All insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days pnor wntten notice to City. 6 2 Workers' Compensation and Employer's Liability Contractor shall secure and maintain Worker's Compensation and Employer's Liability insurance throughout the duration of its performance of the Services m accordance with the laws of the State of California, with an insurance earner acceptable to City 6 3 Hold Harmless and Indemnification. 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 Contractor's and its officers', employees' and agents' sole negligent acts or omissions in performing the Services H•lagreements\rock crushing (3) doc 4/21/08356pm 3 6 4 Assignment Contractor is expressly prohibited from assigning any of the Services without the express prior written consent of City In the event of agreement by the Parties to assign a portion of the Services, Contractor shall add the assignee as an additional insured and provide City with the insurance endorsements required by this Agreement pnor to the performance of any Services by the assignee Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement 6 5 Comprehensive General Liability Insurance Contractor shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million 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 Such insurance shall be primary and non-contributing to any msurance or self-insurance maintained by City 6.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used m connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City City shall be named as an additional insured ARTICLE 7 - GENERAL CONSIDERATIONS 7 1 Attorneys' Fees. 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 7 2 Prohibition Against Assignment Contractor shall not assign any of the Services, except with the pnor written approval of City and in strict compliance with the terms, and conditions of this Agreement. 7 3 Documents and Records All documents, records, drawings, designs, cost estimates, electronic data files, databases and other documents developed by Contractor in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk H \agreementslrock crushing (3) doc 4/21/08 3 56 p m 4 7 4 Independent Contractor Status Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as herein set forth Contractor shall supply all tools and instrumentalities required to perform the Services All personnel employed by Contractor are for its account only, and in no event shall Contractor or any 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 7 5 Termmation. A Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City B This Agreement may be terminated by City, in its sole discretion, by providing thirty (30) days' prior written notice to Contractor (delivered by certified mail, return receipt requested) of City' s intent to terminate C 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 D. 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 electromc form, where applicable) of any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor m performing the Services Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination 7 6 Books and Records Contractor shall maintain any and all books, ledgers, invoices, accounts and all other records and documents evidencmg costs and expenses related to the Services for a penod of three (3) years, or for any longer penod required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at all reasonable times for examination by City at the office of Contractor ts incorporated herein 7 7 Entire Agreement/Amendment Thiand understanding betweengreement, mcluding the the Parties as to the by reference, represents the entire agreement H lagreementslrock crushing (3) don 4121/08356pto 5 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 wntmg, approved by City and signed by City and Contractor 7 8 Governing Law This Agreement shall be governed by and construed m accordance with the laws of the State of California. 7.9 Severability 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 mvalidate any of the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a matenal benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authonzed representatives of the City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS By Attest Ci ,z/zief4 AMALGAMATED RECYCLING, INC. By on Harrison, Mayor Mike McKinley, President ty C erk //(5' H lagreementslrack crushing (3) doc 4/21/08356 p m 6 ATTACHMENT A City of Redlands SECTION 02235 CRUSHING OF INERT MATERIALS PART1 GENERAL 1 01 SECTION INCLUDES A Crushing and processing of the recycled Portland cement concrete (PCC), asphalt concrete, masonry brick, and other inert materials stockpiled at the site B Transporting of all inert materials from the existing stockpile to the crusher and transporting and placement of all materials from the crushed product stockpile to the designated fill placement location, as shown on the Construction Drawings 1 02 RELATED SECTIONS Not Used 103 REFERENCES A. SSPWC -- Standard Specifications for Public Works Construction. 104 SUBMITTALS A In addition to other contract requirements, the CONTRACTOR shall submit the following at least 7 days prior to mobilizing to the site 1 A Work Plan and schedule 2. An equipment list 3 Site Safety and Emergency Response Plan (ERP). 3 Site Storm Water Pollution Prevention Plan (SWPPP) 4 A list of key personnel and contacts for the project B In addition to other contract requirements, the CONTRACTOR shall submit an as -built of the {int' orstockpile e� to pidetermineth theefore finaland after quan quantity for of the prose payment PART2 PRODUCTS 2 01 INERT STOCKPILED MATERIALS evasion age CRUSHING OF INERT MATERIALS California Street Landfill une ,f� for ct shll inert PCC, ha A The materials sourcedotheriSnertemateaalseobt obtained frompthe OWNER masonry brick, a approved stockpile(s) shown on the Construction Drawings 2 02 CRUSHED MATERIALS A The crushed materials shall not contain organic or otherwise biodegradable material B The crushed materials shall not contain any metal reinforcing that could puncture or otherwise damage rubber tires C The crushed materials shall have a maximum particle size of 1 5 inches 2 03 CONSTRUCTION WATER A Water for construction and crushing operations will be supplied by the OWNER at the location shown on the Construction Drawings at no charge to the CONTRACTOR PART 3 EXECUTION 3 01 PREPARATION AND EXAMINATION A. Examine the stockpile(s) and placement location prior to construction B Survey the existing stockpile(s) as necessary to determine the quantity of material to be processed C Verify that surface on which the crushed material will be placed is complete and accepted by the OWNER D Provide grade control stakes to control final grades. E Protect grade control stakes and other existing structures from disturbance and damage. F Provide construction water for dust control 3 02 CRUSHING AND PLACEMENT A Pulverize or otherwise process reinforced concrete and other inert materials to remove all unsuitable materials, such as rebar, from the existing inert materials as much as practical prior to transport to the crusher B Transport the inert materials materials designated partdelle to the s size provided crusher to in and screen to the Section 2 02, C C Remove all unsuitable to thesOWNER des gnated placmaterials ement i canon s practical prior to transport D Transport the crushed matenals to the OWNER designated location CRUSHING OF INERT MATERIALS California Street Landfill IR e�jsion age 022,.35-2 June 12. 2007 shown on Construction Drawings E Construct the crushed product stockpile to a maximum height of 8 feet with 3 to 1, horizontal to vertical, side slopes F Construct the crushed productsta�kdpal ma ���m dap slope of 5% widthum top of 12 feet, a minimum top slope of G Compact the stockpile by placing the crushed material in lifts no more than three feet thick, spreading and splitting alwr'iithatacks with the transport ozer or other suitable equipment, and wheel rolling plitt9 the equipment. H. Finish the final surface within the limits of placement by wheel rolling and splitting the tracks with the transportta dozepperpendicular ment on top the contoureck and a track -walking the side slopes 3 03 PREVENTION, CONTROL, AND ABATEMENT OF AIR POLLUTION A. Unless otherwise stated in the contract, conduct dust suppression environmental control measures so that fugitive type dust and exhaust emissions associated with the p� operation adequately d at all times. The CONTRACTOR shall oexceed ll applicable aiq alitti regulatory agencies specifications B Operate all air contaminant generating processes for the equipment in use at the site for the Work C Water heavily traveled roads, the existing inert stockpile, crushing operations, crushed product stockpile, tion of excessive nt fugitive on in such a dust during manner as to prevent the g work D. Water the existing inert stockpile, work shift ihed nduct sucha mannier, and as to placement location at the end o prevent the generation of excessive fugitive dust after work hours 3 04 DISPOSITION OF SCREEN REJECTIONS A. All screen rejections and other by-products of any crushing or screening operations shall be transported daily to the OWNER designated location 3 05 FIELD QUALITY CONTROL A. Work shall comply with all local, State, and Federal guidelines g Work areas describe herein shCIl be protected with the latest 's approved SWPPP BMP measures in accordance with the ONTRACTOR C. Provide for visual inspection of the stockpiles, crushing operation, and placement location CRUSHING OF INERT MATERIALS California Street Landfill D Ensure the crushed materials are free of unsuitable materials as designated herein E Perform as -built surveys as required to document field grading requirements and to measure quantities for payment F Unless otherwise noted, tolerances are 1 Line ±0.5 foot 2 Grade ±0 2 foot 2 06 FIELD QUALITY ASSURANCE A Sampling and testing ° determine the crusher,stockpileoty �p placement f materials may be performed by the OWNER at area B. Cooperate fully with OWNER in scheduling and performingfield quality assurance tests Includecosts for coordination and assistance lump-sum prices PART4 MEASUREMENT AND PAYMENT 41 MEASUREMENT A Mobilization/Demobilization, (Bid Item 1) - Measurement by Lump Sum (LS), based on mobilization of equipment and labor to perform work and demobilizing from and cleaning the site after all work and testing has been performed and accepted by the OWNER B Crushing of Inert Materials, (Bid Item 2) — Measurement by Cubic Yard (CY), based on a measurement of the inert materials will be made by comparing pre -construction topography of the inert stockpile, as defined on the Construction Drawings, established by apost-excavation field topography of ex�s existing Pre - construction topography grades by the CONTRACTOR, as reviewed and approved by the OWNER Survey will establish existing grades at a maximum 25 -foot grid and establish major grade breaks Post -construction topography will be established by similar survey by the CONTRACTOR, as reviewed and approved by the OWNER, at a maxium madeont grid aaverage end arealish major grade breaks Calculations wil basis vertically by 1 -foot contour interval using a digital terrain model 4 2 PAYMENT A. Payment for Mobilization and Demobilization, ncompletion on of0percent of the CRUSHING Item 1shall t percent of the lump sum p CRUSHING OF INERT MATERIALS California Street Landfill evasion age une III work, and 50 percent for demobilization and site cleanup Payment includes all costs for mobilizing and demobilizing equipment, living expenses, bonds, insurance, office and field overhead, subcontractor management, development of work plans, submittals, and any other administrative costs necessary to complete the work B. Payment for Crushing ° Materials, include ellie costs toItem ) shall be perform the provided a! upon completion of the task and (preconstructlon) and final (post -construction) surveys, excavate, screen, Toad, transport, pulverize, crush, process, moisture condition, place, compact, finish grade, howntrack-walk on the Construction materials Drawingsdescribed also this Section, and as includes all costs for removing of unsuitable materials, transporting screening rejects, and controlling dust and other emissions as described in this Section. C Payment also includes all items incidental to the Work including but not limited to 1. Dewatering and protecting the work area. 2 Dust control 3 Temporary erosion control 4 Material samples, sampling, and testing 5 Layout surveying 6. Rejected material removal, re -testing, handling, and repair 7 Clean up 6. Mobilization and demobilization. evIs!on END OF SECTION age CRUSHING OF INERT MATERIALS California Street Landfill une •1 ATTACHMENT B City of Redlands Crushing of Inert Materials PROJECT SCHEDULE Amalgamated Recycling, Inc. shall commence work within 30 days from receiving a Notice to Proceed from the City and shall complete all activities on site wtihin 30 days from commencing work on site H \agreenments\rock crushing (3) doe 4/25/08 11 21 a.m 13 ATTACHMENT C City of Redlands Crushing of Inert Materials PROJECT FEE Item 1: Mobilization and Demobilization $ 9,500 Items 2 Recycling of Concrete (Crushign) to 1 1/2" minus, pre and post surveying, moisture treatment and compaction as specified m conformance with Scope of Services (Based on 13,000 cubic yards) $131,430 Note: Actual charges will vary based on pre and post survey results (See Scope of Services) Charges under Item 2 will be based on $10 11/cubic yard H lagreementslrock crushing (3).doc 4125/08 11 21 a.m 14