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HomeMy WebLinkAboutContracts & Agreements_75-2020NPS-2.2 (2/26120) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the excavation and development of a water well ("Agreement") is inade and entered in this 10th day of April; 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and BC2 Environmental ("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 follov"s: ARTICLE 1 — ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to excavate and develop a water well at 1205 Redlands Boulevard in the city of Redlands for City (the "Services"). 1..2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the shill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. - ----- ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled ,Scope of Services," which is attached hereto and incorporated herein by reference. 2.2 Contractor 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 Labor Code and prevailing wage laws and non-discrimination laws.. including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department; located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands. California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services. Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevai ling ,wages may be enforced by City pursuant to Labor Code sections 1775 and 18131 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. I L:\ca\djmlA.gr=nen1s1BC21_nvironnicnsal Agreement.NPS-2.2.docx 4.10.20.docx jn NPS-2.2 (2/26120) 2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. 2.8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, Work or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 32 City designates Chris Boatman, Facilities and Community Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instnictions, 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 diluent manner in accordance with the schedule set forth in Exhibit "A." The Services shall commence as of the Effective Date of this Agreement. 4.2 The Services shall be commenced immediately upon City's issuance of a notice to proceed to Contractor. Permitting is expected to be completed within fourteen (14) City business days, and wrell drilling; well installation, and well. development shall be completed within three (3) City business days. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 Total compensation for Contractor's performance of the Services shall be in the amount of Thirteen Thousand Six Hundred Forty Five Dollars ($13,645). City shall pay Contractor hi accordance xvith Exhibit "B," titled "Fee Schedule" attached hereto and incorporated herein by reference. 5.2 Contractor shall submit an invoice to City upon completion of 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 in person; (ii) five (5) days after deposit in first class registered mail, Avith return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or 2 L:tcnldjnitAareements\BC2 Environmental Agreement.' 4.10.20.docx.jn \PS-2.2 (206120) (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express nail; 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 Aith this section: City City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityo-fredlands.org (909) 798-7531 Contractor Kurt Samuelson, President BC2 Environmental 1150 W. Trenton Ave Orange, CA 92867 ksamuelson a bc2env.com 714-744-2990 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 perfon-nance of the Sen�ices. 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 ainrount 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," titled "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 arnount 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 ir: 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 bold 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 3 LAcaldim\Aareements=2Environmental Acreenient.N1Ps-2,2,docx4.10.20.docxJn NPS-2.2 (226120) by any negligent act or omission by, or the willfW 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 Nvould 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. 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-, (H) issue, deny, suspend or revolze any City pennit, 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. 73 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 CONSIDERATIONIS 8.1 lit the event any action is commenced to enforce or interpret any of the teens 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 Panty. 8? 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 4 LAcaldjm\AgreementsW2 Envirorunental A--=nent,%;PS-2.2.docx 4.10.20.domin NPS-2.2 (M6l20) assignment or attempted assignment xNdthout 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 A;-reenrent 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 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. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to tenninate. 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 (ii) 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 immediateiy_discontilue its provision of the Services and, -Mthin 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, design calculations, drawings, specifications, reports; estimates, summaries and such other information and materials as may have been accurnulated by Contractor in perfonning 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 zD documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by lave, 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 A citing, 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 5 LAa,djmNAereemenWBC2 Environni niai Aereement.NPS-2.2.docx 4.10.20.docx.jn NTS-21 (2126-2o her, -in- u-mess to do so iwuld dcpriv.- a Par-ty of a m. aterial benc-51 of its bargam, under this AmCMcllt, N WITNESS V�TIEREOF, duly aTt-horized r�presen.tatives of CAty and Contractor have sixied in confl=,atioln of this AgmeemenL CITY OF RED ANDS V: NWIN �5arles M. Du-aa Maiager Donald�son, City Cjer�k7- 6 BC 2 Emiron-L-nental By - Kurt Samuelson, President NPS-2.2 (2r6/20) SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Excavation of one soil boring advanced to groundwater, construction of one well at 1205 Redlands Blvd, Redlands. CA 92373 (approxu-nate location shown on Figure 1), complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Facilities & Cominuruty Services Depannent (the "Work") The selected location for the soil boring generally coincides with the southwest corner of Redlands Boulevard and Tennessee Street (1205 Redlands Blvd.). The soil boring proposed at that location will be advanced to approximately 120 feet below ground surface (bgs) to intersect groundwater. Contractor anticipates that drilling will be performed using a Central Mine Equipment Company CME-85, or equivalent hollow stern auger drill rig. Monitoring Well Installation One monitoring well, B-5, will be installed to an estimated total depth of approximately 120 feet bgs. The well will be constructed with I5 feet of 2-inch-diameter, 0.020-inch-slot, Schedule 80 (SCH 80) poly -vinyl chloride (PVC), machine -cut, flush -threaded well screen v4th blank 2-inch- diameter, SCH 80 PVC casing to the surface. The screen will be placed with approximately five feet above and ten feet below the static water surface as determined during drilling. A filter pack, consisting of silica sand that will be appropriately sized based on aquifer materials, will be installed in the well annulus from the bottom of the soil boring to about 2 feet above the top of the screen. A mininnu n 3-foot-thick activated bentoi-ite chip seal will then be installed on top of the filter pack and hydrated for at least one hour. The remaining annulus will be filled with a neat cement grout. The well 'M11 be completed with a locking cap within an 8-inch-diameter, flush - mounted traffic -grade well vault. A minimum 5-inch-thick, high early strength concrete pad (minimum three-day strength of 4,000 psi) will be poured around the well vault to mitigate vehicular traffic and pedestrian disturbance. Contractor will ensure that locations where drilling activities occurred are restored as close as possible to their original condition. Well Development After installation, the well will be developed by surging; bailing, and pumping until temperature, pH, and conductivity have stabilized and turbidity has been reduced to 10 Nephelornetric Turbidity units (NTU) or less, or until 10 well casing volumes have been removed. Water purged — during development is expected to contain. regulated quantities of petroleum based. product (based on previous groundwater sampling), and will thus be collected and containerized in an appropriately labelled 55-gal lon diums for disposal. 7 LAcaldjmGAereements\BC2 Environmental A_Lreenient.NPS-2.2.docx 4.10.20.docxjn NPS-2.2 (2r26120) LAc&djmlAereemenls\BC2 Environmental A_Preement.NPS-2.2.docw4,10.20.docx.jn NI PS-22 (2,126M) EXHIBIT"B" "Fee Schedule" )rnri. 111i1 Of anti;5- Unit Price Exienylon 1 liiilir_l'tal 1 ^=_]l P 570— SS`C1.oC: N.ii11r i7iim li ]wllilG> Sun F SS;9110 S.^, 0 on j ?'k d] Noimi11n] m I -CIO S5.160.01i -d :iC':.tllin'_` Z'� )Sti. `.�St;Clf;�i�' Do _ i_.2111).OT) -S 10 0.0f1 S 12-mcIIPVC !"(int i20 �.I00 s4SOt)f) �� :i1:klll.3;' �Si!i Cl l:dS Sul: 1211 S4,00 ,4W ou ]']cad ( omid iion. ti-ja,l1 Ina: Molu r WvIt H15 i7:1C;; C2_>.00 J)�} on N C; il�m Drum, Each 12 S50,00 SGUn.U€1 9 `Vta!] C)e':_I[77151:C;1? o 0n 2-111�11 SCIISO PVC YVe"I • 2.100 00 S-1. ] w ()o ifl IiL' Sfr1::�r.• '.Ai^]IF ] S.;O f)E) Of) 11 St!sj :I !" 1:11]l. ftj 1 f i111,1 Soil aiRti»i+, - is sei:nii caI ]fPtit �'>- 1f1 YjIhnn(€•d Project Unrnflon H5A Drill Rig E,tins::(ed Project Durotion )VOI Development 1%%titinniod Pra.1vet ] aml 9 LAcaNdjm\Agreenlea1s\BC2 Environmemal Agreemcot.NPS-2.2.doex4.10.20.docx.jn Z - [S ork DaN N I-SZorkDau c13,64 r.i19 NPS-2.2 (2P2620) Every employer, except the State, shall secure the payment of compensation ]n 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 koin 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 pray become due to his or her employees. CHECK ONE I a1n 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 planner 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 la-ws 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. BC2 Enviromnental By: 1,�r Kurt Samuelson, President to L:1caldjma Anrcements\BC2 Envirnnincntal Agree1Cnt•NPS-2.2.docx 4.10.20.docxj11 Date: �- — S — A 0 A Q� Requesting Dept: Facilities & Community Services Purchase Requisition # 78901 Suggested Vendor: BC2 Environmental Digitally signed by Tricia Swope Prepared by: Trlcia Swope �7ro:?020.04.0914:07:47 Date: 41�120 F)ig4By vpne6 by Timaiby SY8R3n ©�Y C�-Timathy Sullivan o=�a,t, o, Authorized by: Timothy Sullivan )`2 Date: 1150 W. Trenton Ave. Address: Sao. 2o2a.o<oa e.3� Fs _arm Orange, CA 92867 Person to contact if questions arise: Ext: Phone #: Fax #: Delivery address: Dept Email: dtorices@bc2env.com W9 ElOn file =Attached For use by Purchasing Department Purchasing Agent/ City Manager Approval only: Insurance Il v 1On file =Attached �NA Business License =On file EJ Attached 71NA Annual PO Term =NA PO# Date: Account Number: 406130,7250 ITEM DESCRIPTION QTY UNIT PRICE TOTAL 1 Excavation of one soil boring advanced to groundwater, construction of one well at 1205 Redlands Blvd '� 13,645.00 $13,645.00 2 $ 0.00 3 $ 0.00 4 $ 0.00 5 $ 0.00 6 $ 0.00 7 $ 0.00 g 1$0.00 Additional Instructions/Comments Estimated Tax Estimated Shipping Estimated Total $ 13,645.00 NOTE: PLEASE PROVIDE ALL QUOTES YOU MAY HAVE White Copy -Purchasing Yellow Copy -Remains in Book Received --PURCHFISING-- APR 0 9 ZON