HomeMy WebLinkAboutContracts & Agreements_87-2007_CCv0001.pdf AGRf~EMENT'ro PROVIDE PROCESSING SERVICES
FOR,fl-IE DIVERSION OF GREEN WASTE AND WOOD WASTE
This agreement for green paste and wood waste diversion and processing services
(`Agreement") is Lade and entered into this 15th day of May, 2007 ("'Effective Date"), by and
between the City of Redlands, a municipal corporation (``City") and One Stop Landscape Supply
("Contractor") who 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 a ENCaAGEMENT CST" CONTRACTOR-
1.1 City hereby engages Contractor to perform green waste and wood waste processing and
recycling services for the diversion of wood waste and green waste collected and hauled
to Contractor`s facility (the "Services") located at 13024 San Timoteo, Canyon Road,.
Redlands, California.
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
contractors in the industry providing like and similar types of services.
ARTICLE 2 - SERVICES OF C NTRACT0R
2.1 The Services which Contractor shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attachedhereto and incorporated herein by
this reference.
12 Contractor shall comply with all applicable Federal, Mate and local laws and regulations
in the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act and the fair Employment and(lousing Act.
ARTICLE -_RESPO-.N'SIB1�1,ITIESQF CITY
3.1 City shall make available to Contractor information in its possession that may assist:
Contractor in perforating the Services.
3.2 City will make provision for Contractor to enter upon Citi-owned property, as rewired
by City, to perform the Services.
3. City designates its Solid Waste Manager as City's representative with respect to
performance of the Services, and such person shall have the authority to transmit
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G 1 tit`,C,xft t'^,7ntrap r greerrnent
instructions, receive information, interpret and define City's policies and decisions with
respect to performance of the Services.
ARTICLE 4 - PERIOD OF SERVICE
4,1 Contractor shall perform the Services in a prompt and diligent manner, and in accordance
with the schedule set forth in Exhibit"B," entitled"Project Schedule.",
ARTICLE 5 - PA' MENTAND NOTICE
5.1 The total compensation for Contractor's performance of the Services shall not exceed the
amount of Four Hundred and Eighty-One Thousand Dollars ($48 1,000). City, shall pay
Contractor on a time and materials basis Lip to the not to exceed amount, in accordance
with,Exhibit "C" entitled"Project Fee."
5 ') Payments by City to Contractor shall be made within thirty(3 0) days after receipt and
approval by City of Contractor's invoice, by warrant payable to Contractor. Invoices
shall be sent on a monthly basis.
5.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
mail should be addressed as follows:
City: Solid Waste Manager
Municipal Utilities Department
PO Box 3005
Redlands, CA 92373
Contractor, Louis Curti ,President
One Stop Landscape Supply
13024 San Timoteo Canyon Road
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section.
AWrLI�E- 6 -�INSU�RANCEANQ JND.EMN. 1.FICA (RN_.T1
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 per.foim any Services
pursuant to this Agreement unless and until all required insurance listed below is
obtained by Contractor. Contractor shall provide City with certificates of insurance and
endorsements evidencing the insurance coverage required by this Agreemelit prior to
commencement of the Services. All insurance policies shall include a provision
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DJ\1`,,,,,NGREE\0ne Stop Ageemet"
prohibiting cancellation of the policy except upon thirty (30) day-, prior written notice to
City.
6.2 A. Contractor shall secure and maintain Workers' Compensation and Employer"s
Liability insurance throughout the duration of this Agreement in an amount which meets
the statutory requirement with an insurance carrier acceptable to City.
B. Contractor expressly waives all rights to subrogation against City, its elected, officials,
officers and employeesfor losses arising from work performed by Contractor for City by
expressly waiving Con,tractor's immunity for injuries to Contractor's employees and
agrees that the obligation to indemnify, defend and hold harmless provided for in this
Agreement extends to any claim brought by or on behalf of any employee of Contractor.
This waiver is mutually negotiated by the Parties. This waiver shall not apply to an),
damage resulting from the sole negligence of City, its agents and employees. To the
extent any of the damages referenced herein were caused by or resulted from the
concurrent negligence of City, its agents or employees, the obligations provided herein to
indemnify, defend and hold harmless are valid and enforceable only to the extent of the
negligence of Contractor, its officers, agents and employees.
6.3 H_o)ld Harn-ijess and Indemn' at Contractor shall indemnify, hold harmless and defend City and
If Ic Ion. losses or liability,
It elected
m and against any and all claims,
'ted 0 from officials,
employees
and agents
s mp d� arnage to property occasioned
17 or cath to persons or de
2
Including tees, rising from
injury
f
attorneys' to pct
by �o tractor, its officers, employees and agents in performing
y ariv act, onn, a lure a
Sion or f 1
the Services.
6.4 As s i)r�nnj en�t. Contractor is expressly prohibited from assigning any of the Services without the
express written consent of City. In the event of mutual agreement between Parties to assign a
portion of the Services, Contractor shall add the assignee as an additional insured and provide City
with the insurance endorsements prior to the performance of any Services by the assignee.
Assignment does not include printing or other customary reimbursable expenses that may be
provided in this Agreement.
Contractor shall secure and maintain. in
6.5 )rehensive General Lia force throughout the duration of this ent comprehensive general liability
ikks ranee, =ith carriers acceptable to pity, 1' mum coverage of one million dollars
dollars ($2,000,000) aggregate for public
liability. property ammmage and personal injrkry is required. City shall be named as art
additional insured the insurance policy shall include>a provision prohibiting cancellation
of said policy except upon thirty (30) days pr i insurance
notice to City. Such, insurance
shall be primary
and non-contributing to any Insurance or self-insurance maintained by
City:
E,%Ojje Stop Agreement
n an n a 17 shall have business auto liability
ce r I�cto doll' ar
�l on
'o
66 Busin A I lability
I sur C
ss auto
11 i limits
s ($1,000,000) per occurrence,
_1c 11 1 n m U on
ig liability
and
f e im
e n j s in ury lia
with
im for
bodily cover wl
lit jproperty damage liability. This
comb ned single
It
ge include
I 'o tra r 0 n d vehicles
used
al n c � e ed on the project, hired and non-
to V
covera. at i de
n 0 v rs in vehicles.
hp ve c � Such insurance shall be primary
owned vehicles, and employee non-owners p ve c es
and non-contributing to any insurance or self insurance maintained by City, City shallbe
named as an additional insured and a certificate of liability insurance and endorsement
shall be delivered to City prior to commencement of the Services.
ARTICLE 7 - GENERAL CONSIDERATIONS
7.1 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 use
of in-house counsel by a Party.
7.2 Contractor shall not assign any of the Services< to be performed under this Agreement,
except with the prior written approval of City and in strict compliance with the terms,
provisions and conditions of this Agreement.
7.3 All documents, records, drawings, designs, cost estimates, electronic data files,
databases, and other documents developed by Contractor pursuant to this Agreement, 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 will be at City's sole risk.
7.4 Contractor is for all purposes an independent contractor. Contractor shall supply all tools
and instrumentalities required to perforin 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.
7.5 This Agreement may be terminated by City, in its sole discretion and without cause, by
providing five (5) business days prior written notice to Contractor (delivered by certified
mail, return receipt requested) of intent to terminate.
7,6 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.
7.7 Upon receipt of a termination >notice, Contractor shall immediately discontinue all
Services affected, 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 farm, where
applicable) of any data., design calculations, drawings, specifications, reports. estimates,
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DAT,AGREE\,One Stop Agreement
sufumaries and such other information and materials as may have been accumulated by
Contractor in perforining the Services required by this Agreement. Contractor shall be
Compensated on a pro-rata basis for Service-,completed up until notice of termination.
7.8 Contractor shall maintain books and accounts of all payroll costs and expenses related to
the Services. Such books shall be available at all reasonable times for examination by
City at the office of Contractor.
7,9 This Agreernent, 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. Any amendment to this Agreement shall
be in writing, approved by City and signed by City and Contractor.
7.10 This Agreement shall commence on its Effective Date and end on May 15, 2008, unless
terminated earlier as provided for in Section 7,5 of this Agreement. if mutually
agreeable by the Parties, this Agreement may be extended for four (4) 'successive one,-
year terms by a written request to City from Contractor to renew this Agreement for
another year under the same terrns, price and conditions, except for any increases in
insurance coverage requested by City or changes in terms or conditions of this
Agreement required by law, and by a written acceptance of the renewal request by City's
City Manager delivered to Contractor.
7,11 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Contractor have
signed in confirmation of this Agreement.
CITY OF REDLANDS [Na e f Fi
By:
Bv: 7
-//f6n Harrison, Mayor [Name, Title]
Attcst:
7itV 4 er
5
DA-F,AGREEA0ne Stop ikgreement
AGREEMENT TO PROVIDE RECYCLING SERVICE
FOR THE DIVERSION OF GREEN WASTE AND WOOD`"WASTE
EXHIBIT
COPE OF SERVICE"
I, Services to he Provided:
A. Contractor shall accept residential green este and wood waste from the City.
The tonnage delivered to the Contractor by City collection vehicles shall be
determined by the City...
B. Contractor will provide the City with scale records to indicate the weight of green
waste and woad waste delivered to [Contractor Mame] at the [ Contractor's
Facility], The weight records shalt provide the net weight of the material by
vehicle and date.
C, Contractor is allowed reasonable down time due to repair and maintenance of
equipment. "Reasonable down time' shall be defined as less than two days each
operating month. Contractor shall maintain adequate space to stockpile green
waste daring such reasonable down time for acceptance of material without a
bleak in service.
D. Contractor shall receive residential greed waste and wood waste from the City
during the following days and hours
Monday—Friday (except Major holidays) 7:00 Ail - 4:00 PM
Saturday7:00 AM—3:30 PM
F; Contractor shall accept green waste as it is collected by the Cite. Contractor shall
market all green waste and wood waste or otherwise divert all green waste and
wood waste from landfilling. Only contaminants removed from the green waste
are excluded from this condition, Contractor shall not transform( i.e. destroy or
incinerate) in excess of 10% of the green waste without the written approval of
the City.
F� 'File City= shall endeavor to reduce the level of contamination contained within
green waste by diverting loads containing an inordinate amount of contamination
to ether disposal facilities, The City, in its sale discretion= shall determine the
loads of green waste to be delivered to Contractor. The City shall also utilise a
procedure for tagging automated carts identified by drivers as containing
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t).i l\AGR3"F\0ne Stop Agreement
excessive contarnination. The City shall refer repeat offenders to Code
Enforcement for possible citation and follow-up.
G. Contractor shall provide use of a phone to City employees in the event a City
driver needs to contact their Supervisor regarding City business.
1-1. Contractor shall provide paved road surfaces wherever green waste is processed
or stored.
1. Contractor shall provide spotting of City trucks when tipping.
J. Contractor shall provide adequate queuing area so that City trucks do not line up
on Public Streets,
K. Contractor shall allow the City's representative to inspect their facilities during
operating hours to assure compliance with the services agreement. Upon request,
the Contractor shall provide the City with written certification of all green,waste
and wood waste having been diverted from landfill. Certification will document
the end-use for said material.
LThe City's RFC and RFB for Processing Green Waste and the Contractor's
proposal in response thereto is incorporated herein by reference,provided that any
inconsistencies or differences between said documents and this agreement shall
be resolved in favor of this agreement.
MThe City may request the delivery of processed green waste from,the Contractor
for use as interinediate cover material and erosion control on side slopes at the
California Street Landfill, Such requests are subject to the following conditions:
The City shall request loads of processed green waste from the Contractor
in proportion to their level of the bid award for processing the Ci ty`s green
waste, (Example--- If the Contractor is awarded a bid for processing 80%
of the City green waste, the City shall request 80% of its loads of
processed green waste from that Contractor.) If the Contractor elects to
utilize a different end use for processed green waste, the City shall have
the option of requesting processed green waste from an alternate source.
2, Contractorshall not be required to deliver processed green waste to the
City, Contractor shall have the option of utilizing a different end Use for
processed green waste.
3Processed green waste delivered to the City by Contractor shall be
charged a per ton fee in conformance with the City's adopted fee and rate
4�i
schedule.
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DJM',,AGRF,POne Stop Agreement
4. Processed green waste delivered to the California Street Landfill by
Contractor shall meet the City's specifications for particle reduction and
cleanliness.
N, Contractor shall give City trucks preference, as necessaryto provide a turn-
around time of less than fifteen minutes from entry into the facility until the time
the tt Lick exits the facility. The following conditions shall apply to the application
of remedies and penalties for failure to provide a fifteen minute turn-around:
I N The City shall provide the Contractor with specific information as to
noncompliance with the required turn-around time as a conditionf of
initiating remedies and penalties under this clause of the Scope of
Services. Specific information shall consist of the dates and times in and
times out of the facility.
2. The time a driver takes to clean-out a truck shall not be included in
calculating turn-around time.
Contractor shall be required to meet and confer with the City"s
ont
representative upon notification of three incidents where the turn-around
time exceeded fifteen minutes within a calendar month. The Contractor's
representative shall meet with the City's representative within five
working days of notification by US. mail to discuss remedies for reducing
the turn-around time.
4, The city shall penalize the contractor$25 per incident for each time the
turn-around time is exceeded following the City's meet and confer
meeting with the Contractor7s representative.
5. The process shall begin over again when a period of 30 days elapses
without the Contractor exceeding the fifteen minute turn-around time.
6. Repeat incidences of exceeding a fifteen(15) minutes turn-around tirric
may result in breach of contract at the City's discretion.
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DAI\AGREE",10ne Stop Agreement
AGREEMENT TO PROVIDE RECYCLING SERVICES
FOR THE DIVERSION OF GREEN WASTE AND WOOD WASTE
EXHIBIT B
PROJECT SCHEDULE
Contractor shall begin accepting green waste and wood waste from the City for
processing and recycling upon execution of this Agreement and after providing
the City with required documentation of compliance with the insurance
provisions.
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DR,,,P,AGRE-E\0ne stop Agreement
AGREEMENT TO PROVIDE RECYCLING SERVICES
FOR THE DIVERSION OF GREEN WASTE AND WOOD WASTE
EXHIBIT C
PROJECT FEE
Please see attached Exhibit from One Stop Supply proposal.
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DJM\AGRER0ne Stop Agreement
AGREEMENT TO PROVIDE RECYCLING SERVICES
FOR THE DIVERSION OF GREEN WASTE AND WOOD WASTE
EXHIBIT C
PROJECT FEE
TIPPING FEES
GREEN WASTE $29,00/TON
WOOD WASTE $ 1100/TON
PAYMENT TO CITY
FROM PROPOSER -,
ALTERNATE DAILY COVER(ADC)
AND EROSION CONTROL MULCH
BASE PRICE LEVEL UP TO 50 TON
PER DAY $ 4.75/TON
* ADDITIONAL PRICE LEVEL ON
TONNAGE OVER 50 TON PER DAY $ 6.75/TON
*BASED ONAN AVERAGE OF 30
DAYS PER MONTH
THESE PRICES TO BE FIXED FOR
LIFE OF SERVICE, AGREEMENT
INCLUDING ANY OPTIONS TO
EXTEND CONTRACT
Agreement - Green Water and Wood Waste - Solid Waste Manager Gary
Van Durst reported the City` Council heard a request from City staff to
authorize distribution of a Green Waste Processing Request for
Qualifications and Bid Proposal on August 1, 2006. At the request of City
Council, City staff returned with this item on September 5, 2006 with an
additional motion to apply a one percent procurement preference to the bid
evaluation as provided for under Resolution No. 5855. The City Council
expressed the need to have a better understanding of the process before
moving forward. At the direction of the City Council, a 'IQ & A" was
prepared and distributed on September 13, 2006. On January 16, 2007, the
City Council authorized distribution, of the Request for ProposallRequest
for Bid with minor changes. Two proposals were received, one from One
Stop Landscape and Supply and one from Colton Disposal. Citv, staff
reviewed the proposals and determined that both proposals were
responsive. City staff then conducted time and distance surveys to compare
the proposals. City staff also calculated the tipping fees and applied a one
percent procurement preference to the One Stop Landscape proposal.
When all of the calculations were completed, One Stop Landscape Supply
represented the lowest responsible bidder for all five collection days. This
conclusion was apparent based on the weighted distance calculation and
the fact that One Stop Landscape Supply was closer to the City's collection
routes and Corporate Yard for all five collection days. Councilmember
Gilbreath moved to approve the agreement to provide processing services
for the diversion of green waste and wood waste in the amount of
$48111,000.00 with One Stop Landscape Supply. Motion seconded by
Councilmember Gil and carried unanimously.
PUBLIC COMMENTS
Oscar Sepp reminded Councilmembers of their responsibility to serve the public
and urged the Citys participation in the improvement project for The Terrace.
Nilario Saucedo, North Redlands Vision Committee, thanked the City for their
participation in The Terrace project and reminded them to utilize the
Committee's Vision Planto regards to the new proposed site for the skate park,
\i4r. Saucedo, reminded Councilmembers, this was the fort-ner site of a
community pool and that many people would like to see the return of a
community pool. Debra Nester thought the skate park, would be effective in
keeping skateboarders off public right-of-ways; she also thought that a
community poral was a great idea. Naotru Klineman agreed the skate park
proposal was a good idea.
ADJOURNN,AENT
Nlay 15, 2007
Pa�,e 13
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