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HomeMy WebLinkAboutContracts & Agreements_127-2020NPS 2 1 (2/26/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR EQUIPMENT AND SUPPLIES This agreement for the provision of Iift equipment maintenance and repair ("Agreement") is made and entered in this 16th day of June, 2020 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Bronson Investments, 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 Effective July 1, 2020, City hereby engages Contractor to perform lift equipment maintenance 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 othei 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," titled "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 m 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 Christopher Boatman, Facilities and Community Services 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 The effective term of this Agreement shall be for a period of one (1) year from July 1, 2020 through June 30, 2021 (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"), 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 L icltddmtAgreements113ronson Investments Agreement NPS 2 1 docdn NPS -2 1 (2/26/20) Extended Term The Initial Term and the Extended Terms are collectively referred to herein as the "Term" of this Agreement 4 2 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 One Hundred Sixteen Thousand Three Dollars and Ninety -Eight Cents ($116,003 98) for the Services provided during the Initial Term Should this Agreement be extended, the compensation for Contractor's performance foi the Services shall not exceed the amount of One Hundred Sixteen Thousand Three Dollars and Ninety -Eight Cents ($116,003 98) for the first Extended Term, and One Hundred Sixteen Thousand Three Dollars and Ninety -Eight Cents ($116,003 98) for the second Extended Term, bringing the total possible amount of compensation to a not -to -exceed amount of Three Hundred Forty Eight Thousand Eleven Dollars and Ninety -Four Cents ($348,011 94) For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount m accordance with the rates specified in Exhibit "B," titled "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 Contractoi 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, 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 jdonadlson@cityofredlands org (909) 798-7531 2 L lca\djm\Agreements\Bronson Investments Agreement NPS 2 1 doc�n Contractor Sheryl Dinnoo Sales Manager Bronson Investments, Inc PO Box Redlands, CA 92373 SherylDinnoo@gmail com (909) 890-5544 (909) 890-4447 Fax NPS 2 1 (2/26/20) 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," 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 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 Icaldjrn\Agreements\Bronson Investments Agreement NPS 2 l docjn NPS 2 1 (2/26/20) 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 oI 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 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 of 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 4 L lcaA m\Agreentents'Bronson Investments Agreement IMPS 2 1 doc jn NPS 2 1 (2/26/20) 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 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 (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 Contractoi 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 othei 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 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 remaindei 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 matenal benefit of its bargain under this Agreement 5 L \ca\d3m1Agreements\Bronson Investments Agreement NPS 2 I doc jn NPS -2 1 (2/26/20) IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS aul ATTEST W Foster, Mayor e Donaldson, City Clerk 6 L IcaldjmAAgreements\Bronson Investments Agreement NPS -2 1 doc.p BRONSON INVESTMENTS, INC By Sheryl Di , Sales Manager NPS 2 1 (2/26/20) EXHIBIT "A" SCOPE OF SERVICES Contractor is to provide accurate replacement parts, safety Inspections, PM Services and Repairs for Rotary Heavy -Duty Vehicle Lift, Benwill aboveground lift, Western inground lifts, Samson grease pumps, hose reels, dispensers, and dispensing equipment, PlymoVent exhaust reels, Electric and Gas Air Compressors, and other associated equipment as needed Lifts — Quantity (2) Western Lift INGROUND FORWARD AND AFT (Annual inspection and service) • Complete annual lift inspection and tag lift with date of inspection • Inspect hoist pit for any oil and debris • Inspect lifts saddles • Grease as required • Complete inspection of pneumatic components including hydraulic lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid levels are correct • Inspect and test mechanical safety locks for any wear • Inspect lockjaw hinges • Inspect lift seals and seal plates • Check and adjust chain as needed • Clean all debris inside of pit • Check the valves for leaks, clean and repair as needed • Verify all OSHA required operation and safely labels are in place and legible • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate Lifts — Quantity (2) Western 8k (WP2) 2 POST INGROUND (Annual inspection and service • Complete annual lift inspection and tag lift with date of inspection • Inspect lifts saddles and lock pins • Grease as required • Complete inspection of pneumatic components including hydraulic lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid Ievels are correct • Inspect lift seals and seal plates • inspect and test mechanical safety locks for any weal_ • Check the valves for leaks, clean and repair as needed • Verify all OSHA required operation and safely labels are in place and legible • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate 7 L 1caldljmlAgreementsWBranson Investments Agreement NPS 2 1 doc.jn NPS -2 1 (2/26/20) Lifts — Ouantity (1) Benwill 7k 2 POS1 ABOVEGROUND (Annual inspection and service) • Complete annual lift inspection and tag lift with date of inspection • Inspect lifts pads, arm locks, and pins • Check the lowering speed with a representative vehicle on the lift • Lubricate and adjust as needed • Complete inspection of electrical wiring and plugs • Complete inspection of pneumatic components including hydrauhc lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid levels are correct • Inspect and test mechanical safety locks for any wear • Verify all OSHA required operation and safely labels are in place and legible • Examine all structural components and welds • Examine concrete around columns for stress cracks • Check and adjust chain as needed • Clean the motor, tank and pump assembly and inspect for leaks • Check all fastening devices for tightness including floor anchor bolts • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate Lifts — Quantity (1) Rotary 30k 4 POST ABOVEGROUND (Annual inspection and service) • Complete annual lift inspection and tag lift with date of inspection • Lubricate and adjust as needed • Check the lowering speed with a representative vehicle on the lift • Complete inspection of electrical wiring and plugs • Verify all OSHA required operation and safely labels are in place and legible • Examine all structural components and welds • Examine concrete around columns for stress cracks • Complete inspection of pneumatic components including hydraulic lines and connections to the lift pump • Check hydraulic operation of the lift in fully raised and lowered position • Check hydraulic fluid levels and fluid condition Make sure fluid levels are correct • Inspect and test mechanical safety locks for any wear • Check and adjust cables as needed • Check bearings and pulleys for wear • Check all fastening devices for tightness including floor anchor bolts • Clean the motor, tank and pump assembly and inspect for leaks • Check hydraulic operation of rolling jack unit (15k) and inspect for worn and damaged parts • Maintain and provide service reports in data file for equipment monitoring • Provide Inspection Certificate 8 L IcaldjmlAgreements\Bronson Investments Agreement NPS -2 I doqn NPS -2 1 (2/26/20) Samson grease pump, hose reels, and dispensing equipment (Annual inspection and service) • Hose reels will be completely extended, inspected for hose condition and thoroughly cleaned • Hose reels will be inspected for leaks and proper operation • Hose reel hose spring tension will be inspected, adjusted, or replaced as needed • Pumps and dispensers will be tested for proper operation, leaks and fluid (I would take "dispense tracking" out I don't believe you have tracking for the dispensers) • Inspection of shut-off valves and inlet hoses • Maintain and provide service reports in data file for equipment monitoring Exhaust Hose Reels -Quantity (5) PlymoVent (Annual inspection and service) • Exhaust Hose Reels will be completely extended and retracted • Exhaust Hoses will be inspected and checked for leaks and condition • Exhaust Hose motor assy will be inspected, cleaned and checked for proper operation • Complete inspection upon completion • Maintain and provide service reports in data file for equipment monitonng • Electric Air Compressors (6) and Tanks (7) (Semiannual inspection and service) • Dram and replace puirip oil • Replace air filters • Inspect belts • Inspect for leaks • Clean units • Grease motor Gas Air Compressors (2) on Service Trucks (Every 3 month inspection and service) • Drain and replace engine oil • Replace air filters • Inspect belts • Inspect for leaks • Clean units • Chain spark plug Diesel Air Compressors (1) on Landfill Truck (Every 3 month inspection and service) • Drain and replace engine oil • Replace air filter • Inspect belts • Inspect for leaks • Clean unit 9 L lcnldimlAgreements\Bronson investments Agreement NPS 2 1 doc.in NPS -2 1 (2/26/20) Tire Changer (1) and Balancer (1) (Annual inspection and service) • Inspect for proper operations and leaks • Inspect pressure regulator and oiler, fill as needed • Inspect table, jaws, bead breaker, foot pedals, fill hose, and repair or replace as needed • Calibrate balancer as needed Certify Technicians • Certify technicians on lifts, tire balancer, and tire changer Other Associated Equipment AS -Needed (inspect, replace, of purchase) • Jacks (floor jacks, low profile jacks) • Fast Pipe • Tsunami filter with dram kit and filter elements (purchase and install) • Air compressors / generators (purchase and install) • Fuel transfer pump (purchase and install) • Welding for compressors, hose reels, and equipment to be fitted to service trucks • Grease pump kit and high-pressure grease reel (purchase and install) • Other equipment as needed Lift Models • Benwill - TP -7 (2 post 7,000 lb capacity) • Rotary - SM300-100 (4 post 30,000 Ib capacity) • Rotary - FC5710 (rolling jack 15,000 lb capacity) • Western - WP2 (2 post inground 8,0001b capacity) • Western - AC 1010 (Forward and Aft inground, 24,000 capacity) • Western - 10210 (Forward and Aft inground, 36,000 capacity) Electric, Gas, and Diesel Compressor Models: • Ingersoll Duplex • Industrial Air • Bel -Air • Champion • Ingersoll • Mi -T -M Tire Changer and Balancer Model: • Tire Changer — Giuliano Maxi GT • Balancei - Coats 1000 10 L Icaldlm\Agreemenis\Bronson Investments Agreement NPS 2 1 doc.ln NPS -2 1 (2/26120) EXHIBIT "B" PRICE AND FEE BID Lift Equipment Maintenance and Repair ANNUAL ESTIMATES Description Type Estimated Quantity Price Per Service TOTAL AMOUNT (A) (B) (C) :......:" ..:......... _... ..,.. ., ., .�„✓ :gin . ..... .,: , ,.,,r.�. _.__..:_�r'.>_..:,::,�,...�a: (A) x (B) = (C ) 1 Electric Compressor Service 12 $ 225 00 each $ 2 700 00 1C 2 Gas Compressor Service 8 $ 235 50 each $ 1,884 00 2C 3 Diesel Compressor Service 4 $ 350 00 each $ 1,400 00 3C 4 Lift Certifications 6 $ 128 33 each $ 769 98 4C 5 Service call truck/charge 50 $ 135 00 each $ 6,750 00 5C 6 Labor Rate 500 $ 85 00 p/hour $ 42 500 00 6C .... .. ., _ .,..:;., . , . ...... ..:.. .. .,,: ..�. .,. Subtotal $ 56,003 98 Est'd Net Cost of Parts Bidder's mark-up percentage (ex 10%, 15%, 25%) TOTAL AMOUNT (see Note 1) (A) B) (C) , .� A .. O x (B) (A) (C) 11 Parts $50,000 20% $ 60 000 11C GRAND TOTAL (IC) THRU (119 $ 116,003 98 PARTS (discount on Parts Costs) Name of Flat Rate Manual (if applicable) N/A Name of Parts Price Sheet (if applicable) City of Redlands — account pricing level 1 Note 1 Example of Calculating the Bidder's Total Amount The estimated net cost of Fifty Thousand Dollars ($50,000) (A) at a Bidder's mark-up percentage 5% (B), plus the estimated net cost (A), will result in a Total Price of Fifty Two Thousand Five Hundred Dollars ($52,500) (C) (($50,000 x 5%) +$52,500) Note 2 The above quantities for labor and parts are estimates used for bid purposes The Equipment Maintenance Division will not guarantee a minimum of labor and parts for the work EXHIBIT "C" 11 L lealdjm\Agreements\Bronson Investments Agreement NPS 2 t doc jn NPS 2 1 (2126120) WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct BRONSON INVESTMENTS, INC By Sheryl Dinnoo,/Ja1es Manager 12 L Ica\dim\Agreements\Bronson Investments Agreement NPS 2 1 dacjn Date 14/ c]