Agenda packet — Redlands City Council, June 21, 2022 (part 5 of 5)

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Twenty Three Thousand Nine Hundred Seventy One Dollars and Forty Cents ($23,971.40) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Twenty Three Thousand Nine Hundred Seventy One Dollars and Forty Cents ($23,971.40) for the first Extended Term; and Twenty Three Thousand Nine Hundred Seventy One Dollars and Forty Cents ($23,971.40) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Seventy One Thousand Nine Hundred Fourteen Dollars and Twenty Cents ($71,914.20). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

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, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), 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 CONTRACTOR
City Clerk Linda Barman, Parts Manager
City of Redlands Fairview Ford Sales, Inc.
35 Cajon Street PO Box 1390
P.O. Box 3005 (mailing) San Bernardino, CA 92402
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Redlands, CA 92373 [email protected]
[email protected] 909-386-0266
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.

Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” 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 selfinsurance maintained by City.

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and 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 Redlands Regular Meeting 06-21-2022 1590 of 1716
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; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse 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 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 Redlands Regular Meeting 06-21-2022 1591 of 1716
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. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be 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, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS FAIRVIEW FORD SALES, INC.

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Linda Barman, Parts Manager
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall supply cost-effective Ford OEM Wholesale parts in a timely efficient manner.

Prices include, but not be limited to, overhead costs, freight and delivery. No additional costs will be paid except applicable taxes.

Contractor’s facility shall be located within a 10-mile radius of the intersections of Highways 10 and Tennessee Street, Redlands 92373.

Contractor shall be an established and factory authorized Original Equipment Manufacturer (OEM) parts dealer and/or service center for Ford products.

All items provided under this agreement shall comply with all applicable Federal, State and local regulations including State of California Motor Vehicle Code, if applicable.

Contractor shall maintain the minimum levels of information to assure that the correct and most current parts are used in service repairs, while providing the necessary technical support information.

Contractor shall maintain the required levels of products for which they are certified.

All items provided under this agreement shall be original equipment manufacturer (OEM) line of replacement parts. All items provided under this agreement shall be equivalent in function and workmanship to the parts originally supplied on the vehicle(s) unless superseded by the vehicle/equipment manufacturer. No generic parts shall be supplied.

Contractor shall maintain adequate local inventory of popular items and items regularly stocked by the City, to meet the City's emergency needs. Emergency needs shall be delivered within three (3) hours of order; or shipped within the same business day if available and Contractor's inventory location is not within the greater Redlands region. Wholesale parts shall be delivered within two (2) hours of order, if available, from the manufacturer. Back orders shall be filled within four (4) working days. The City shall be notified of all back-orders.

Availability and timely delivery are critical to the award and maintenance of this agreement.

Failure to maintain adequate inventory or provide timely delivery shall be grounds for termination.

If Contractor does not have the required part(s) in stock, Contractor personnel shall determine if the City's need is immediate. If Contractor does not have the required item(s) on a regular basis, and/or frequently obtains parts from other dealers, the City may determine that the bidder does not "maintain adequate inventory" and may terminate this agreement.

Contractor shall accept the return of unused and undamaged items purchased through this agreement at 100% of the contract price.

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The provisions of this contract shall in no way prohibit the City from purchasing the same products and/or services listed herein from another supplier.

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EXHIBIT "B"

FEE SCHEDULE
Line
Item # Description Part # Unit Cost
1 Sender Assy – Fuel Tank 6C3Z-9275-VA $365.40
2 Exhaust Tube DB5Z-5G203-A $245.70
3 Nozzle Asy 4C3Z-9E527-BRM $173.25
4 Pipe – Fuel Filler DG1Z-9034-G $152.25
5 Wrench – Wheel Nut 5L1Z-17032-A $29.40
6 Kit – Spanner 5L1Z-17003-A $91.88
7 Handle 1L3Z-9943400-BAA $19.77
8 Motor and Pump Asy 7R3Z-17664-A $16.70
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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all 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.

FAIRVIEW FORD SALES, INC.

By: Date: ___________________
Linda Barman, Parts Manager
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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of pick up and disposal of hazardous waste materials (“Agreement”) is made and entered in this 21st day of June, 2022(“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Haz Mat Trans, Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform pick up and disposal of hazardous waste materials services for City (the “Services”).

1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates Chris Boatman, Assistant City Manager Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\Haz Mat Trans Agreement.NPS-2.1.FY21-0153.docx.jn Redlands Regular Meeting 06-21-2022 1598 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby 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 City, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Fifty-Three Thousand Nine Hundred Fifty-Seven Dollars ($53,957) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Fifty-Three Thousand Nine Hundred Fifty-Seven Dollars ($53,957) for the first Extended Term; and Fifty-Three Thousand Nine Hundred Fifty Seven Dollars ($53,957) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of One Hundred Sixty One Thousand Eight Hundred Seventy One Dollars ($161,871). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Mike Hammer, General Manager
City of Redlands Haz Mat Trans, Inc.
35 Cajon Street 230 E. Dumas Street
P.O. Box 3005 (mailing) San Bernardino, ca 92408
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Redlands, CA 92373 [email protected]
[email protected] 909-889-5607
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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 Redlands Regular Meeting 06-21-2022 1600 of 1716
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:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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 Redlands Regular Meeting 06-21-2022 1601 of 1716
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS HAZ MAT TRANS, INC.

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Mike Hammer, General Manager
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1603 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall pick up and disposal of Hazardous Waste Materials to an Approved Treatment Storage Disposal Facility (TSDF).

Services provided will be on quarterly basis or as requested by Fleet Manager. Manifests will need to be provided for every service and hand delivered to Equipment Maintenance Project Assistant and/or Fleet Manager.

Contractor shall provide the following services on an as needed basis:
• Vacuum tanker, Non Hazardous/Hazardous per test results Liquid Clarifier service o Clarifier 1 (truck was bay)
o Clarifier 2 (mechanic shop wash bay)
• Truck tires transported to an Approved TSDF for disposal; • Supply 55 Gallon Oil Filter barrels for filters, absorbent, and contaminated fuel; • Supply 5 Gallon Poly Pail;
• Supply 4’ Light Box and 8’ Light Box;
• Pick up and disposal of fluorescent light bulbs/tubes; • Supply 55 Gallon barrels for asphalt emulsion and diesel fuel mixture; • Pick up Asphalt Emulsion and Diesel Fuel Mixture;
• Pick up and disposal of unused (water, oil) based paint 5 gallon containers; • Pick up and disposal of Waste Oil; and
• Pick up used absorbent (floor dry/oil absorbent).
• Trained Driver/Environmental Technician must be On-Site when material is being picked up for disposal
Items described are required waste items are will be handled and transported from Corporate Yard:
• Fluorescent bulbs/tubes
• Absorbents
• Oil, absorbent rags
• Drained oil filters
• Water and oil based paint
• Oil absorbent socks and pads
• Waste Oil
• Waste gas and diesel
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EXHIBIT "B"

FEE SCHEDULE
SECTION A – Tire Disposal
Item
No. Description Unit of Measure Unit Price
A1. Truck Tires transported to an Approved TSDF for
Disposal, per tire Each $1.00
A2. *Transportation Cost from Redlands Corporate Yard to an approved TSDF location.
per
transport/disposal $150.00
A3. Manifest and Labeling Fee Each $30.00
SECTION B – Non Hazardous Solids or Liquids
Item
No. Description Unit of Measure Unit Price
B1. 55 Gallon Oil Filter Drums Each $75.00
B2.
55 Gallon Drums for Disposal to an Approved TSDF
Waste Non Hazardous Solid Crushed or Drained Oil
Filters
Each $150.00
B3. *Transportation Cost from Redlands Corporate Yard to an approved TSDF location.
per
transport/disposal $375.00
B4. Manifest and Labeling Fee Each $30.00
SECTION C – Fluorescent Tubes or Batteries
Item
No. Description Unit of Measure Unit Price
C1. 5 Gallon Poly Pail Each $30.00
C2. 4' Light Box Each $48.00
C3. 8' Light Box Each $55.00
C4. Disposal of Universal Batteries to an Approved TSDF Each $N/A C5. Universal Fluorescent Tubes for Disposal, Per Foot Foot $0.20 C6. U-Lamps for Disposal, Per Lamp Each $1.00
C7. 5 Gallon Pail Disposal to an Approved TSDF Waste Non RCRA Hazardous Non PCB Ballast, Per Lb. Pound $2.25
C8. 5 Gallon Pail Disposal to an Approved TSDF Waste RCRA Hazardous Non PCB Ballast, Per Lb Pound $2.25
C9. HID Lamps for Disposal, Per Lamp Each $3.30
C10. *Transportation Cost from Redlands Corporate Yard to an approved TSDF location.
per
transport/disposal $375.00
C11. Manifest and Labeling Fee Each $30.00
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SECTION D – Clarifier Removal and Pumping
Item
No. Description Unit of Measure Unit Price
D1. Remove Non Hazardous Liquid Clarifier Each $0.00
D2. Pumping and Transportation Charge Each $954.00
D3. Disposal Fees Each $1,332.00
D4. Solid Surcharge < 15% Solids Each $175.00
D5. Manifest and Labeling Fee Each $30.00
SECTION E – Asphalt, Sludge, and Diesel Removal
Item
No. Description Unit of Measure Unit Price
E1. Supply - 55 Gallon Metal Drum - Closed Top Each $75.00 E2. 55 Gallon Drums for Disposal to an Approved TSDF
Waste Non RCRA Diesel, Asphalt Tack & Water Sludge Each $150.00 E3. *Transportation Cost from Redlands Corporate Yard to an approved TSDF location.
per
transport/disposal $300.00
E4. Manifest and Labeling Fee Each $30.00
SECTION F – Oil and Water Based Paint Removal
Item
No. Description Unit of Measure Unit Price
F1. Removal of unused oil based paint in 5 Gallon containers transported to an Approved TSDF for Disposal, per unit Each $275.00 F2.

Removal of unused water based paint in 5 Gallon
containers transported to an Approved TSDF for
Disposal, per unit
Each $75.00
F3. Commodity pack of water based paint 55 gallon drum Each $75.00 F4. Commodity pack of oil based paint 55 gallon drum Each $325.00 F5. *Transportation Cost from Redlands Corporate Yard to an approved TSDF location.
per
transport/disposal $675.00
F6. Manifest and Labeling Fee Each $30.00
*Transportation Cost from Redlands Corporate Yard to an approved TSDF location must include all additional and related fees such as; staffing, labor, and testing fees pertaining to hazardous waste commodity.

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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

HAZ MAT TRANS, INC.

By: Date: ___________________
Mike Hammer, General Manager
Redlands Regular Meeting 06-21-2022 1607 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of Ford original equipment manufacturer parts and repair services (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Ken Grody Ford Redlands, LLC (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform Ford original equipment manufacturer parts and repair services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn Redlands Regular Meeting 06-21-2022 1608 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Ninety-Eight Thousand Five Hundred Thirty-Five Dollars ($98,535) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Ninety-Eight Thousand Five Hundred Thirty-Five Dollars ($98,535) for the first Extended Term; and Ninety-Eight Thousand Five Hundred Thirty-Five Dollars ($98,535) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Two Hundred Ninety-Five Thousand Six Hundred Five Dollars ($295,605). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is 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.

CITY CONTRACTOR
City Clerk Trever Desherlia, Parts & Service Director
City of Redlands Ken Grody Ford Redlands
35 Cajon Street 1121 W. Colton Ave
P.O. Box 3005 (mailing) Redlands, CA 92374
Redlands, CA 92373 [email protected]
[email protected] 909-793-3211
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(909) 798-7531 Fax 909-307-2708
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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.

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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:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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.

Redlands Regular Meeting 06-21-2022 1611 of 1716

Redlands Regular Meeting 06-21-2022 1612 of 1716
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS KEN GRODY FORD REDLANDS
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Trever Desherlia, Parts & Service Director
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1613 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
CLASSIFICATION A:

Provide high quality Certified Ford Original Equipment Manufacturer parts and repair service to City-owned Ford Motor Company automobiles; including cars, light duty and medium duty trucks, vans, and SUVs. All repairs must use Ford Original Equipment Manufacturer replacement parts.

Contractor shall furnish all supplies, materials, labor, tools, equipment and transportation, and perform all requested services to the satisfaction of the City of Redlands.

Contractor shall be a Ford Motor Company authorized dealer capable of performing all warranty, diagnostic, general, and specialized repairs.

Contractor shall be able to provide factory authorized warranty and service support.

Pick-up and delivery:

Contractor shall provide pickup and delivery services as requested to the Equipment Maintenance Corporate Yard, 1270 W. Park Avenue #Bldg. E.

Contractor shall pick up and drop off, or arrange for pickup and drop off of City vehicles from City Corporate Yard, using shop tow truck or towing subcontractor.

Upon receipt of a request, vehicles are to be picked up by the contractor from the City Corporate Yard within 24 hours of request for repairs. Upon completion of the work, the contractor will have 24 hours to deliver the vehicle to the City Corporate Yard.

In the event that Contractor is unable to make pick up or delivery within 24 hours, or cannot complete the repair for any other reason, Contractor must inform Fleet Services Coordinator when the order is placed. In such a case, the City reserves the right to procure the service from another vendor.

All deliveries under this agreement shall be accompanied by one copy of a delivery tag. All delivery tags shall include the Contractor’s name, the City’s contact number, the date of the order, and itemized list of the materials furnished, including quantity, unit price and extension of each item, less applicable discount.

Repairs to Ford vehicles shall only be made after an itemized part and labor estimate has been submitted and authorization by the Fleet Services Coordinator has been provided to Contractor.

Upon completion of repair and delivery of vehicle, the vehicle shall be inspected before acceptance by the City’s Fleet Services Coordinator or Fleet Mechanics for workmanship, appearance, proper functioning of all items and equipment, and conformance to all other requirements of this specification. If deficiencies are found, it shall be the responsibility of the Redlands Regular Meeting 06-21-2022 1614 of 1716
Contractor to pick up the vehicle, make necessary correction and redeliver the vehicle for reinspection and acceptance. Payment will not be made until corrective action has been made.

Ford OEM Parts and Repairs
Contractor’s facility shall be located within a 10-mile radius of the intersections of Highways 10 and Tennessee Street, Redlands 92373.

Contractor shall be an established and factory authorized Original Equipment Manufacturer (OEM) parts dealer and/or service center for Ford products.

All items provided under this agreement shall comply with all applicable Federal, State and local regulations including State of California Motor Vehicle Code, if applicable.

Contractor shall maintain the minimum levels of information to assure that the correct and most current parts are used in service repairs, while providing the necessary technical support information.

Contractor shall maintain the required levels of products for which they are certified.

Availability and timely delivery are critical to the award and maintenance of this agreement.

Failure to maintain adequate inventory or provide timely delivery shall be grounds for termination.

Contractor shall accept the return of unused and undamaged items purchased through this agreement at 100% of the contract price.

The provisions of this contract shall in no way prohibit the City from purchasing the same products and/or services listed herein from another supplier.

Redlands Regular Meeting 06-21-2022 1615 of 1716
EXHIBIT "B"

FEE SCHEDULE

FORD OEM PARTS AND REPAIRS WITH PICK-UP AND DELIVERY OF VEHICLES Item Description Unit Cost
1 Hourly Labor Rate $85.00
2 Pick-up and delivery charge, per vehicle $0.00
3 Parts and Materials: % Markup 8%
Redlands Regular Meeting 06-21-2022 1616 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

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.

KEN GRODY FORD REDLANDS

By: Date: ___________________
Trever DeSherlia, Parts & Service Director
Redlands Regular Meeting 06-21-2022 1617 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of landscape maintenance services at Hillside Memorial Park Cemetery (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Leafwise Landscape LLC (“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 landscape maintenance services at Hillside Memorial Park Cemetery for City (the “Services”). 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.

ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR

2.1 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.

2.2 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.

2.3 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 prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.

2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.

2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Redlands Regular Meeting 06-21-2022 1618 of 1716
Labor Code section 1810.

2.6 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.

2.7 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, goods 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.

3.2 City designates Chris Boatman, Assistant City Manager, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference.

4.2 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022; (the “initial term”). The City shall have the option to extend the initial term of this Agreement by two (2) additional years (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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of seventy-six thousand two hundred seventy-five dollars and twenty cents ($76,275.20) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of seventy-six thousand two hundred seventy-five dollars and twenty cents ($76,275.20) for the first Extended Term; and seventy-six thousand two hundred seventyfive dollars and twenty cents ($76,275.20) for the second Extended Term; bringing the total Redlands Regular Meeting 06-21-2022 1619 of 1716
possible amount of compensation to a not-to-exceed amount of two hundred twenty-eight thousand eight hundred twenty-five dollars and sixty cents ($228,825.60). 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 in accordance with the rates specified in Exhibit “C,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Jovani Lemus, President/Managing Officer
City of Redlands Leafwise Landscape LLC
35 Cajon Street 25691 San Lupe Ave.

P.O. Box 3005 (mailing) Moreno Valley, CA 92551
Redlands, CA 92373 [email protected]
[email protected] (951) 214-9773
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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 “D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and Redlands Regular Meeting 06-21-2022 1620 of 1716
incorporated herein by this reference, prior to performance of the Services.

6.2 Contractor shall defend, indemnify and hold harmless City and its elected and appointed 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.

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 Redlands Regular Meeting 06-21-2022 1621 of 1716
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.

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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 terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (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 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, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) Redlands Regular Meeting 06-21-2022 1622 of 1716
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.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS LEAFWISE LANDSCAPE LLC
By: ___________________________ By: _____________________________ Paul T. Barich, Mayor Jovani Lemus, President/Managing
Officer
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1623 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
All Services to be completed at the following estimated intervals: 4 times per month during peak season (March - November); 2 times per month during slow season (December - February). The specific hours/intervals required for each service may change from these estimates at city staff discretion.

1. TURF/GRASS MOWING
Mowing height for all turf grass areas shall be no less than 1.5” and shall not exceed 2.5” during the months of March - November. Through the months of December - February turf grass shall be mowed at a height of 3.5” to 4.5.” The turf shall be cut at a uniform height leaving no scalping or uneven cuts. Trash and debris shall be cleaned up prior to each mowing.

2. TURF/GRASS EDGING & TRIMMING
All areas in need of trimming such as turf grass, ground cover, hedges, etc. shall be mechanically trimmed. Trimming shall be performed around all markers, upright monuments, signs, posts, trees, shrubs, utility posts, fencing, and all other obstacles taking special care to not cause any damage. Grass shall be trimmed at a height corresponding with specifications determined by the mowing schedule.

3. BLOW/SWEEP CURB, GUTTER, HARDSCAPE
Areas that need to be blown once a week in an effort to remove debris and trash are the Main Gate Entrance, Garden of Serenity Plaza, Serenity Niche Estates, Block L Staircase, Block L Cremation Estates (North End Wall), Veterans Circle, Front of Office, Shop Walkway, Redlands Mausoleum Entrance, Hillside Mausoleum South Patio and both North facing entrances.

4. WEED CONTROL (CHEMICAL TREATMENT, MANUAL REMOVAL)
The contractor shall monitor and provide continuous weed control and shall take timely measures to treat them with appropriate herbicide application. Applicator shall take appropriate measures and precautions while applying various pesticides and/or herbicides to meet with all county rules and regulations.

Redlands Regular Meeting 06-21-2022 1624 of 1716
EXHIBIT "B"

LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to Description of Improvement Services to Public Buildings and/or grounds (the “Work”), which said agreement, dated , 2022, and titled as “Agreement to Perform Non-Professional Services for Improvement to Public Builds and Grounds” is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Written dollar amount Dollars ($ ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 20__.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
_______________________________________
________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________
Redlands Regular Meeting 06-21-2022 1625 of 1716
EXHIBIT “C”

FEE SCHEDULE
Service Frequency Unit Price Annual Total
Turf Grass Mowing 1 time per week $936.00 per week
40 times per year $37,440.00
Turf Grass Edging
& Trimming 1 time per week $864.00 per week40 times per year $34,560.00 Blow/sweep curb,
Gutter, Hardscape 1 time per week $61.88 per week40 times per year $2,475.20 Weed control
(Chemical treatment,
manual removal)
1 time every 2 weeks $75.00 per week
24 times per year
$1.800.00
Redlands Regular Meeting 06-21-2022 1626 of 1716
EXHIBIT “D”
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.

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.

LEAFWISE LANDSCAPE LLC
By: Date: _______ __________
Jovani Lemus, President
Redlands Regular Meeting 06-21-2022 1627 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of elevator maintenance services (“Agreement”) is made and entered in this 21st day of June, 2022(“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Liftech Elevator Services, Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform elevator maintenance services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\Liftech Elevator Services Agreement.NPS-2.1.FY21-0151.docx.jn Redlands Regular Meeting 06-21-2022 1628 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 Total compensation for Contractor’s performance of the Services shall not exceed the amount of Thirty-Two Thousand Eight Hundred Forty-Eight Dollars and Thirty Cents ($32,848.30). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by this reference.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Suriel Castro, Administrative Manager
City of Redlands Liftech Elevator Services, Inc.
35 Cajon Street 2897 Gardena Avenue
P.O. Box 3005 (mailing) Signal Hill, CA 90755
Redlands, CA 92373 [email protected]
[email protected] 562-997-3639
(909) 798-7531 Fax 562-997-3680
Redlands Regular Meeting 06-21-2022 1629 of 1716
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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.

7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

Redlands Regular Meeting 06-21-2022 1630 of 1716
A. Does not make a governmental decision whether to:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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 ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Redlands Regular Meeting 06-21-2022 1631 of 1716
Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

Redlands Regular Meeting 06-21-2022 1632 of 1716
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS LIFTECH ELEVATOR SERVICES, INC
By: ___________________________ By: ________________________________ Paul T. Barich, Mayor Suriel Castro, Administrative Manager ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1633 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
Full Maintenance Services as set forth in this Agreement on the following listed elevators:

Citrus Center – 300 E. State Street, Redlands, CA 92373 Quantity Type Manufacturer Number of Landings
2 Hydraulic Passenger TKE/TAC 7
1 Traction Service TKE/TAC 7
1 Hydraulic Passenger Dover 2
The Contractor shall provide 10 hours of preventive maintenance per month The Contractor will periodically provide exclusive maintenance service to the City utilizing skilled and qualified personnel directly employed and administered by the Contractor.

The Contractor agrees to maintain the elevator equipment listed above by performing the work in accordance with the terms and conditions of this Agreement. Exceptions to this Agreement must be referenced by “Supplemental Proposals” attached as a separate Addendum and listed below.

In the event that the elevator equipment includes Phase I or Phase II Fire Service operation, the Contractor shall perform monthly testing and record the results in the machine room. Testing to be performed between the hours of 8:00a.m. and 4:30p.m. Monday – Friday.

Any Alterations to this Agreement will be listed below as an Addendum.

In accordance with this Agreement, the Contractor shall periodically inspect, adjust and lubricate as necessary. Replacement of the following components or equipment will be at the Consultant’s discretion, provided that the components or equipment exist on the listed elevator(s) at the Effective Date of this Agreement.

Traction Machine Components: Brakes, Brake Coil, Bearings and Drive Sheave Hydraulic Pump Unit Components: Pumps, Valves, Motors, Belts, Valve Magnet Coils Governor: Sheave, Shaft Assembly, Bearings, Contacts and Jaws All Idler Sheaves: Deflector and Secondary, Car and Counterweight, Compensation and Governor Tension Assemblies
Controller Components: Relays, Contactors, Solid-State Components, Resistors, Condensers, Transformers, Leads, Timing Devices and Computer Devices.

Selector Components: Drives, Contacts, Brushes, Tapes and Guides Door Equipment: Interlocks, Contacts, Bottom Door Guides (Gibs), Electronic Detector Edges, Door Operator, Zone Clutch and Rollers
Redlands Regular Meeting 06-21-2022 1634 of 1716
Hoistway Limit Switches: Slowdown Switches, Leveling Switches, Cams and Vanes Guide Shoes: Rollers, Replaceable liners, Arms and Bushings Buffers: Springs or oil, Switches, Seals and Packing
Fixtures: Contacts, Switches, Buttons, Locks, Lamps, Holders and Indicators Motor and Motor Generator Components: Tachometer, Regulator, Field Windings, Rotating Elements, Commutator, Bearings, Brushes and
Brush Holders
Lubricants specially formulated, tested and selected for the preventative maintenance required.

Lubrication of guide rails (car and counterweight) except where type of guides and/or safety devices require dry rails.

Periodic Cleaning of elevator pit(s). Periodic draining of the gear case and refiling with new gear oil.

Labor and Material to attend to the special requirements of hoist cables including periodic examination, lubrication and equalization. Contractor shall replace hoist cables or governor cables when the recommended factor of safety is compromised and at the Contractor’s discretion. Where applicable, to periodically inspect group dispatcher, only during regular working hours, and perform the necessary procedures to provide optimal performance for overall elevator response. Group performance is subject to the limitations of the equipment and some work may not be safely completed when group is energized.

Parts inventor will be maintained by Contractor during the term of this Agreement. To minimize downtime and support preventive maintenance a supply of frequently used parts will be located in the machine room (where applicable), or in the technician’s mobile vehicle. All parts remain the property of the Contractor until installed.

Wiring Diagrams shall be furnished by the City (when available and applicable). All diagrams shall be maintained for use by Contractor technicians. Diagrams furnished by City shall remain the property of City.

It is understood that the City shall provide Contractor with unrestricted access to all areas of the building in which any part of equipment listed in this Agreement is located. City agrees to keep all associated equipment rooms and elevator pits free of water and stored materials.

Additional Services
24-Hour Customer Support – The Contractor shall provide City with its 24-hour dispatching service for emergency response to elevator malfunctions. The service includes 24-hour answering of all preprogrammed elevator phones at no additional charge to City.

City may request Contractor to dispatch a technician to perform minor adjustments and repairs if an elevator malfunction occurs between regular examinations.

Preventive Maintenance Charts – Contractor shall maintain detailed maintenance charts that shall remain in the equipment machine room during the term of this Agreement. The charts illustrate Redlands Regular Meeting 06-21-2022 1635 of 1716
the systematic maintenance schedule followed by Contractor technicians. All maintenance charts are available to City to ensure the highest quality of service possible.

Administrative Support – Contractor shall assign a supervisor to conduct periodic inspections of equipment and audits of preventive maintenance charts to ensure quality control. Contractor shall also appoint an account representative who shall be available to discuss maintenance issues and assist with upgrades or modernizations.

Conditions of Service
The Contractor’s responsibility shall be limited to repairs and replacements required by this Agreement. These repairs and replacements are based on normal wear and tear and under no circumstance will Contractor assume responsibility for the following items unless written as a Supplemental Proposal and attached as a separate Addendum. Any preexisting conditions that may become identified by Contractor’s technician within a 120-day period shall be excluded.

Upon identification of any pre-existing conditions, Contractor shall supply a proposal for any necessary repairs. If not authorized to proceed with the necessary repairs, Contractor shall maintain the elevator system in its current mode of operation.  Any and all replacement or repairs that are out of the reasonable and direct control of the Contractor, including vandalism, misuse, negligence and acts of God.  Any and all modifications to original or existing equipment, including code requirements or insurance recommendations.
 Emergency power systems, seismic devices, smoke sensors and sensor control equipment, emergency lighting systems, emergency intercom systems, telecommunication devices, phone line, captivate, CE Elite position indicators, security control systems, card reader devices and audio or video equipment.  Guide rail replacement and alignment including rail brackets and associated hardware.  Any and all safety tests.
 Hydraulic plunger or jack unit including: cylinders, liners, head, wear ring set, plungers, casings, support brackets, piping, conduit, packing and associated components of the hydraulic system that are below or above ground.
 Cab enclosure, including structural members and enclosure panels, removable panels, door panels, car operating panels, all ceilings and lighting components, handrails, all flooring material and sub-flooring, fans heaters and air conditioning equipment.  Hostway enclosures, including hoistway door frames and sills, hoistway doors, swing door closures, fireproofing material, separator screens, pit ladders, pit lighting circuits, secondary access doors and grate flooring, waterproofing and water removal.  Power delivery system, including circuit breakers, disconnects, fuses, power buses, distribution and isolation transformers, and power feeders.  All damage to the traveling cables caused by or as a result of coming into contact with obstructions/elevator equipment in the hoistway is to be excluded from this agreement.

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 Any and all equipment failures resulting from delay in proceeding with needed upgrades in which a proposal has been submitted.
 All hoistway and car signal fixture face plates, lenses and any cosmetic attachments.  Any and all upgrades or revisions related to controller software, relays, boards, drives and associated electrical components.
 All Babbitt style bearings or hoist cable shackles are excluded from repair, upgrade and/or replacement.
 Replacement of any and all governor rope and hoist cables due to rouging or exposure to moisture resulting from environmental conditions.

Contractor shall not be responsible for any work required, or any claims, liabilities, or damages caused by adverse machine room conditions, including temperature variations below 65 degrees and above 90 degrees Fahrenheit, or excessive humidity.

City shall be responsible for the cost of correcting all outstanding Elevator code and/or safety violations pre-existing on the Effective Date of this Agreement.

In time, the current equipment and system design may become outdated. Contractor shall not be responsible for modernizing, upgrading, repairing, re-manufacturing or performing any improvements due to obsolescence, dated technology and component revisions or alterations.

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EXHIBIT "B"

FEE SCHEDULE
Citrus Center – 300 E. State Street, Redlands, CA 92373 Date Range Monthly Rate Annual Rate
July 1, 2022 to May 31, 2020 $2,726.00 $29,986.00
June 1, 2023 to June 30, 2023 $2,862.30 $2,862.30
TOTAL $32,848.30
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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

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.

LIFTECH ELEVATOR SERVICES, INC

By: Date: ___________________
Suriel Castro, Administrative Manager
Redlands Regular Meeting 06-21-2022 1639 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of supply of unleaded and diesel fuel (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Merrimac Petroleum, Inc. dba Merrimac Energy Group, a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform supply of unleaded and diesel fuel services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\Merrimac Petroleum Agreement.NPS-2.1.FY21-0156.docx.jn Redlands Regular Meeting 06-21-2022 1640 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of One Million Two Hundred Thousand Dollars ($1,200,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of One Million Two Hundred Thousand Dollars ($1,200,000) for the first Extended Term; and One Million Two Hundred Thousand Dollars ($1,200,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Three Million Six Hundred Thousand Dollars ($3,600,000). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” 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. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Evan Peters, Business Development
City of Redlands Merrimac Petroleum, Inc. dba Merrimac Energy Group 35 Cajon Street 3738 Bayer Ave., Ste. 204
P.O. Box 3005 (mailing) Long Beach, CA 90808
Redlands, CA 92373 [email protected]
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[email protected] 562-420-6000
(909) 798-7531 562-420-6005
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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.

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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:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS MERRIMAC PETROLEUM, INC. dba

MERRIMAC ENERGY GROUP
By: ___________________________ By: ______________________________ Paul T. Barich, Mayor Evan Peters, Business Development ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1645 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall furnish and use, at their own expense, all materials, labor tools, equipment, supplies and transportation to provide services required under the Agreement. Fuel products include unleaded gasoline and diesel fuel which shall be delivered on an as-needed basis to City locations specified herein.

The City currently purchases, and Contractor shall be required to provide, the following types of fuel products:

Gasoline Diesel Fuel
87 Regular Unleaded CARB ETH Ultra-Low Sulfur CARB Diesel (clear) The quoted markup (markup or discount) offered shall remain firm throughout the contract period, although City may receive the benefit of any rebates, allowances, or other price reduction incentives offered to customers of Contractor, including any pass-through incentives from the refineries.

No upward price adjustment shall be due Contractor, when a Contractor delay beyond the 24- hour notice, causes a price increase after City places an order, unless Contractor’s failure to make earlier delivery results from causes which are beyond the control of and without fault of Contractor.

Pricing shall be based on a variable price (Oil Price Information Service – Closing OPIS) tied to a published index (Unbranded Average for the Inland Empire Area, Colton) plus Contractor’s positive or negative price differential.

Contractor shall be licensed in accordance with all applicable laws, rules and regulations, including but not limited to those promulgated in the California Business and Professions Code and by the California Air Resources Board. Contractor shall possess all necessary and applicable licenses required to transport motor vehicle fuels as may be issued by the State of California Department of Motor Vehicles (DMV) and the United States Department of Transportation (US DOT).

Adequate Resources:

Contractor shall have adequate office and personnel resources for responding to City’s needs, including, but not limited to, telephone coverage Monday-Friday during the hours of 8:00a.m. through 5:00p.m.

Contractor shall provide the first and last names and telephone number(s) of the person(s) to be contacted during City’s normal working hours for order placement and resolution of contract issues. Contractor shall also provide the names of three (3) individuals, with home telephone numbers, cell phone numbers and pager numbers who may be contacted in the event of emergencies.

Contractor shall insure that all employees dealing directly with City with regard to the supply of Fuel Products are fully aware of all contract provisions, including the requirements of City and the obligations of Contractor. All of Contractor’s drivers shall be familiar with all City fueling locations and the delivery Redlands Regular Meeting 06-21-2022 1646 of 1716
and the unloading requirements for each site. Contractor shall provide a dedicated account manager who shall be assigned to handle all contract issues, including the ordering and invoicing for same.

Equipment:

Contractor’s equipment and vehicles shall be in good and safe working order and all personnel shall be trained in safety measures to preclude accidents endangering City personnel and property. Contractor shall have adequate and appropriate equipment for the delivery of goods on proposed contract. All vehicles used by Contractor in fulfilling the terms of the contract shall meet all applicable federal and state requirements for such vehicles, including US DOT, DMV and Caltrans codes and regulations and the State of California Emission Inspection Program.

All dispensing and measuring equipment shall be tested and certified in accordance with the State of California Business and Professions Code Division 5, Article 6 and shall meet the requirements of the California Air Resources Board. All delivery vehicles and dispensing equipment shall meet all current Federal and State requirements related to vapor recovery.

Contractor’s equipment shall be compatible with City facilities, including, but not limited to, pumping equipment if needed, for filling underground fuel tanks and all of Contractor’s personnel shall be experienced and properly trained to safely and efficiently operate all of the equipment to be used in fulfillment of the contract.

Fuel Specifications:

All fuel to be delivered on any order under the contract shall be homogenous and free of foreign matter and impurities and shall remain so in normal storage. The gasoline and diesel to be furnished under the contract shall meet, and conform to, all applicable ANSI and ASTM standards and the provisions of the Federal Clean Air Act (latest revision) as well as the applicable rules, regulations and requirements of the United Sates Environmental Protection Agency (USEPA), the California Air Resources Control Board (CARB), the California Department of Food and Agriculture Division of Measurement Standards and the San Joaquin Valley Air Pollution Control District (APCD) related to motor vehicle fuel standards. The gasoline and diesel must be of a quality equal to similar products furnished to the refiner’s retail service stations.

Enhancers, such as alcohol, for the purpose of increasing octane are not acceptable. Diesel fuel provided shall meet ASTM Standard 975-97 and shall be Ultra-Low Sulfur CARB Diesel (clear). Diesel fuel shall contain any required additives necessary to prohibit the growth of bacteria and algae during storage (fuel and water-soluble biocide). Other additives such as water dispersants, corrosion inhibitors and detergents shall be added in accordance with best industry practices.

Failure to comply with the requirements of this section shall, at the option of the Fleet Supervisor, be deemed sufficient reason for rejection of any lot of fuel delivered, and Contractor shall, at no expense to City, remove that fuel from the tank(s) and shall perform whatever services that shall be necessary to restore the tank(s) and other equipment to an operable condition to the full satisfaction of City. Further, Contractor shall make full restitution for the quantities of fuel known to have been in the tank(s) immediately prior to the delivery of the rejected lot of fuel, and for any damage to the equipment or vehicles that may have occurred from use of the rejected fuel.

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Ordering Procedure and Delivery:

One (1) gallon of fuel shall be equal in volume to one (1) fluid gallon or 231 cubic inches at a standard temperature of sixty (60 degrees Fahrenheit, as defined by the United States Bureau of Standards.

Contractor shall be required to provide both truck and trailer and bobtail service in order to access all City fueling sites.

A City authorized fleet representative will notify contractor of the need for fuel. Contractor shall provide fuel delivery within twenty-four (24) hours of notification by City. Under periods of extreme usage, delivery may be required within a twenty-four (24) hour period. City’s normal working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; however, City is open (24) hours for deliveries, Monday through Sunday, unless special arrangements are made with the individual fueling sites prior to delivery.

Prior to off-loading City requests Veeder-Root ticket(s) to be printed and must match off-loading gallons.

All deliveries resulting from this contract shall be F.O.B. Destination to City sites. Note: City’s fueling locations have employees on site for extended hours. After award of contract, Contractor may be allowed to make routine deliveries outside of City’s normal working hours on a site-by-site basis if agreeable to the representative for each site. Automatic deliveries may also be arranged at the sole discretion of the fueling sites.

For all deliveries not accomplished within twenty-four (24) hours, City reserves the right to procure the product(s) elsewhere and may bill Contractor the difference between the contract price and the actual purchase price, or any variation thereof, as liquidated damages, or City may deduct the difference in price from any monies due, or which may become due to Contractor. Failure to deliver within twenty-four (24) hours on more than one occasion may be grounds for contract termination without further cause.

City reserves the right to deny access to City property any delivery vehicles leaking fuel or other hazardous materials. Contractor will be notified of such denied access and shall make delivery of the denied load within one (1) working day of notification with a City approved vehicle. Ordering procedures may change when it is deemed in the best interest of City and Contractor shall adapt to changes as required by City.

Emergency Deliveries:

Deliveries requested outside of City’s regular working hours of 8:00 a.m. to 5:00 p.m., Monday through Sunday shall be considered emergency deliveries, unless Contractor and City have agreed in advance to a routine delivery schedule encompassing the hours outside of normal working hours. Additionally, deliveries shall not be considered emergency deliveries if the after-hours delivery is due to Contractor failure to make a routine delivery of fuel within the normal working hours or if Contractor has made prior special arrangements for a routine after-hours delivery.

City shall endeavor to keep emergency deliveries to a minimum. However, in the event of an emergency, delivery shall be completed within twenty-four (24) hours of receipt of the request for emergency delivery. Contractor shall be allowed an additional payment for emergency deliveries. This cost shall be stated as per hour cost (plus cost of fuel), as noted on the Price and Fee Bid. Provisions of the contract shall in no way prohibit City from making an incidental purchase from another contractor for the same commodities as listed herein and emergency purchases may be obtained from contract contractor or other sources in order to best serve the interests of City.

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Delivery Ticket/Manifest:

A delivery ticket (BOL) shall accompany each shipment. Fax and/or e-mail delivery tickets to Monica Duran, Senior Administrative Assistant at (909) 335-4782, [email protected]. Alternate e-mails may be added at City’s option. A legible signature and printed name of the designated City representative is to be obtained and recorded on the delivery ticket at the time of the delivery. Unsigned tickets may not be left at the delivery location and it shall be the driver’s responsibility alone to insure that a delivery ticket has been signed. Invoices for payment, for which there is not a signed delivery ticket, may not be authorized for payment. Emergency deliveries may be excluded. Failure to provide a delivery ticket with each shipment may be grounds for termination of the contract without further cause.

Spillage and Cleanup:

Contractor shall be responsible for all spillage and damage which may occur during loading, transit and unloading operations. In the event of a spill or damage to property, Contractor shall immediately notify City’s representative at the corresponding delivery location. Damages to property and spills caused by Contractor must be corrected immediately. Cleanup shall be performed in accordance with USEPA and State of California requirements. Any costs for repair of damage or correction of spillage performed by City due to Contractor’s failure to make timely or satisfactory repairs, corrections or cleanup of spills shall be charged back to Contractor or deducted from monies owed to Contractor.

Demurrage:

Up to one-hour of “standing time” shall be allowed at no charge for the purpose of unloading. Contractor may assess demurrage charges, if the Contractor is unable to begin unloading fuel within one hour after the scheduled arrival at City of Redlands site due to delays caused by City operations. Demurrages charges shall apply in increments of one-quarter (1/4) hours.

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EXHIBIT "B"

FEE SCHEDULE

UNLEADED FUEL
A. Unleaded Fuel: Bulk Purchase Full Truckload (8,000 + Gallons) PPG
Discount Per Gallon (minus) COLTON RACK $-.1301
Mark-up Per Gallon (plus) COLTON RACK $
Delivery Charge $.0320
B. Unleaded Fuel: Bulk Purchase Less than Full Truckload (2,500 – 7,999) PPG
Discount Per Gallon (minus) COLTON RACK $-.1301
Mark-up Per Gallon (plus) COLTON RACK $
Delivery Charge $.0320
C. Unleaded Fuel: Bulk Purchase Less than Full Truckload (less than 2,500) PPG
Discount Per Gallon (minus) COLTON RACK $-.1301
Mark-up Per Gallon (plus) COLTON RACK $
Delivery Charge $.0320

DIESEL FUEL
D. Diesel Fuel: Bulk Purchase Full Truckload (8,000 + Gallons) PPG
Discount Per Gallon (minus) COLTON RACK $-.0890
Mark-up Per Gallon (plus) COLTON RACK $
Delivery Charge $.0330
E. Diesel Fuel: Bulk Purchase Less than Full Truckload (2,500 – 7,999) PPG
Discount Per Gallon (minus) COLTON RACK $-.0430
Mark-up Per Gallon (plus) COLTON RACK $
Delivery Charge $.0330
F. Diesel Fuel: Bulk Purchase Less than Full Truckload (less than 2,500) PPG
Discount Per Gallon (minus) COLTON RACK $.0019
Mark-up Per Gallon (plus) COLTON RACK $
Delivery Charge $.0623
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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

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.

MERRIMAC PETROLEUM, INC. dba

MERRIMAC ENERGY GROUP

By: Date: ___________________
Evan Peters, Business Development
Redlands Regular Meeting 06-21-2022 1651 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of fuel site designated operator, maintenance, and repair services(“Agreement”) is made and entered in this 21st day of June, 2022(“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and P.F. Services Inc., a California corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform fuel site designated operator, maintenance, and repair services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates Christopher Boatman, Assistant City Manager 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 term of this Agreement shall be for a period of one (1) year from July 1, 2022 through June 30, 2023 (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 Extended Term. The Initial Redlands Regular Meeting 06-21-2022 1652 of 1716
Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Seventy Thousand Eight-Four Dollars ($70,084) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Seventy Thousand Eight Four Dollars($70,084) for the first Extended Term; and Seventy Thousand Eight Four Dollars ($70,084) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Two Hundred Ten Thousand Two Hundred and Fifty-Two Dollars ($210,252). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is 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.

CITY CONTRACTOR
City Clerk Joan Fuerte, Vice President
City of Redlands P.F. Services Inc.
35 Cajon Street 154-A West Foothill Blvd., #343
P.O. Box 3005 (mailing) Upland, CA, 91786
Redlands, CA 92373 [email protected]
[email protected] 909-949-9141
(909) 798-7531 Fax: 909-920-6453
Redlands Regular Meeting 06-21-2022 1653 of 1716
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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.

7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

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A. Does not make a governmental decision whether to:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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 ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Redlands Regular Meeting 06-21-2022 1655 of 1716
Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS P.F. SERVICES INC.

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Joan Fuerte, Vice President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1657 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall provide Designated Underground Storage Tank (UST) Operator Services as well as testing, maintenance and repair services for its UST/AST fuel sites.

Contractor must be certified California UST System Operator. Services will include 30 Day inspections, annual & triennial testing, compliance management, maintenance, and repairs as required by, Federal, State, and Local regulations pertaining to UST and AST.

City Corporate Yard - Hours of Operation:

Monday through Friday open from 6am to 5pm.

LICENSE/CERTIFICATES
Contractor, Contractor's Employees and Contractor's Subcontractors shall provide copies of valid licenses and certificates for testing and repair of Monitoring systems, Tank and Piping systems, Dispensers, and related Equipment, including but not limited to (Veeder Root) Monitoring Equipment, Secondary Containment (SB989), Vapor Recovery, Healy, Contractors License, and HazWoper Certificates for each employee and/or subcontractor and their employees who may be on the job site. These licenses and certificates shall be kept up to date and current during the entire duration of the contract and must be presented upon request by any Federal, State, or Local Official. No Contractor, Contractor's Employees and Contractor Subcontractors shall perform work on Equipment for Sites that require such licenses or certificates without said license/certificate being current and valid.

LIQUIDATED DAMAGES
Uninterrupted fuel provision at City sites is our goal. Time is of the essence. If response by contractor to the site is not within the time stated, contractor acknowledges and agrees that such delay would seriously affect the public welfare and the operation of the City and those damages for such delay would be impractical or extremely difficult to determine. The parties agree that the sum of $125 per hour (for Emergency Service calls) for each hour of delay for each situation shall be fixed as liquidated damages (and not as penalty or forfeiture for breach). Liquidated damages shall apply where response is delayed beyond the time stated.

WARRANTY
Contractor shall warrant/guarantee all parts and work done hereunder against; failure due to defective material and/or faulty workmanship from date of acceptance of the work by the City of Redlands for a minimum of one (1) year.

State warranty period for workmanship/labor six (6) months State warranty period for parts/equipment Manufacturers’ warranty (usually one (1) year) Redlands Regular Meeting 06-21-2022 1658 of 1716

VENDOR CONTACT INFORMATION
Name of a person that will be the City’s contact for order placement, order problems or special needs, etc.

PRIMARY CONTACT:

Contact Name: Michele Martinez (& Joan Fuerte)
Contact Direct Phone: 909-949-9141
Contact Fax: 909-920-6453
Contact E-mail: [email protected] (Michele & Joan both receive)

REPAIR & MAINTENANCE
Normal Business Hours: 8:30 A.M. to 4:30 P.M.

After-hours Phone Number: 909-949-9141 press the key to transfer to an on-call technician. (24/7)

EMERGENCY SERVICE CALLS
Response by phone required within thirty (30) minutes and onsite response required within two (2) hours of service call. Liquidated damages shall apply if response by contractor to the site is not within the time stated.

No more than one (1) Service Technician shall be allowed per service call without prior approval from the City
Contractor shall have valid Designated UST Operator(s) certification(s). A list of employee names, qualifications including copies of current International Code Council (ICC) certification(s) and expiration dates for persons conducting the Designated UST Operator services shall be provided with the bid. The City would prefer that the Designated Operator is also an ICC Certified UST Service Technician.

The Designated UST Operator shall provide general oversight of the UST program with specific emphasis on regulatory compliance issues. The Designated UST Operator shall fulfill the responsibilities set out in Title 23 of the California Code of Regulation, Chapter 16, Statute §2715 and §2716.

REQUIREMENTS

1. 30-Day Inspections- Inspections shall include, but not be limited to the following:
a. Alarm History - For UST sites monitored with a Veeder Root leak monitoring system, print and review the alarm history for the past month.

Redlands Regular Meeting 06-21-2022 1659 of 1716
b. Alarms - Investigate all leak, liquid level, vacuum, brine, communication, and LLD alarms - Determine what caused the alarm and what action was taken in response to the alarm. Confirm that the response was appropriate. For containment- sump liquid alarms that have occurred since the last monthly inspection, review the service call record. If there is no record of a visit by an ICC- certified service technician, visually inspect the containment sump for the presence of liquid or debris.
c. Inspect Spill Containment - Check for the presence of liquid or debris in the spill buckets. If liquid is present, determine if the liquid is the result of water intrusion or overfill. If necessary, clean affected spill buckets at time of inspection. d. Sumps - It is the DO's responsibility to open and inspect every sump (including transition sumps) during the monthly inspection. If necessary, clean affected sumps at time of inspection.
e. Leak Detection Sensors – All leak detection sensors must be redundant and properly placed, meaning each sensor is placed so that it is capable of continuously detecting a leak at the earliest possible opportunity. Sensors in UDCs and sumps must be continuous, tamper-proof, positioned at true vertical and located at the lowest point.
f. Test Overfill Alarm - Test the audible and visual overfill alarm on systems, if equipped. Test output relay, if applicable.
g. Visual Site Inspection - At fueling sites, visually inspect the hoses, breakaways and nozzles for leaks, or seeping, and check dispensers and card readers for external integrity. If present, inspect aboveground piping and hoses for leaks and seeping. At generator sites, check the day tank, the generator, and all aboveground piping for leaks and seeping. For any deficiencies observed, notify Fuel Operations Program Officer/designee immediately. Tag out affected fueling positions for any hanging hardware issues observed. h. Test and Maintenance Documentation - Review documentation to confirm that all testing, maintenance, and certifications have been conducted within the proper time periods. This includes a review of all California State Water Resources Control Board, California Air Resources Board, South Coast Air Quality Management District and local CUPA requirements. i. Training Verification - Review the Facility Employee Training Log to verify that all Facility Employees have been trained as required. j. Compile results of the monthly inspection and suggested corrective action (where applicable) in a typed report (with Veeder Root Alarm History printout) on the Title 23 Appendix VIII form and leave it on site. Also submit and electronic copy of the inspection report and alarm history to the Fleet Superintendent and/or City Representative.

Redlands Regular Meeting 06-21-2022 1660 of 1716

2. FACILITY EMPLOYEE TRAINING – In accordance with Title 23 of the California Code of Regulation, Chapter 16, Statue §2715, provide annual training to all existing facility employees, and all new facility employees prior to the City employee assuming their duties. Training shall include, but not be limited to the following topics:
a. Best Management Practices:
i. Record Keeping
ii. Preventive Maintenance
iii. Delineation of Responsibility
iv. Knowing your system and the spill response kit
iiv. Compliance with all regulations
b. The Monitoring System
i. Explanation of how the system is monitored, is redundant, and is continual. ii. The Monitoring Panel and how to respond to an alarm, including, but not limited to the name of a contact person for emergencies and monitoring equipment alarms.
c. Spills and Overfill Response - Provide training that covers the procedures to follow in the event of an unauthorized release.
i. Emergency Contacts - Location of posted contacts list. ii. Proper Operation of the Fueling System
d. Site Repair Notification - In the event that the Designated UST Operator discovers a sub-standard condition at a UST site or a situation that is noncompliant, the Designated UST Operator shall call the Fleet Superintendent or their representative to initiate a service call to bring the site up to compliance.

FUEL SITE REPAIR, MAINTENANCE, TESTING AND ALARM RESPONSE The City requires maintenance of fuel sites that includes furnishing and delivering parts, supplies, and accessories for gasoline and diesel dispensers, UST/AST. Additional miscellaneous items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be requested.

Contractor shall have an adequate supply of replacement parts available on the service trucks.

The supplies shall include, but are not limited to various Veeder-Root sensors (at least one of each type), Veeder-Root probe cables, spill bucket drain valves (at least one of each type), mechanical line leak detector and hanging hardware for a typical Gasoline and Diesel dispenser. Current equipment list available upon request of City representative.

Contractor shall be licensed and/or certified to perform all specific tests, repairs and alarm responses in compliance with all City, State and Federal regulatory agencies and in accordance to Departmental needs. Contractor shall provide proof of certifications at the City's request.

Fixed quotes may be required for projects and/or repairs. Contractor shall notify Fleet Services Coordinator and/or City Representative for any work that will exceed $1,000.00.

Redlands Regular Meeting 06-21-2022 1661 of 1716
Contractor shall provide City with their list of petroleum equipment supply vendors. Written confirmation from the parts vendor shall be provided to the City if the contractor is unable to obtain the parts within 48 hours. Failure to provide written confirmation may result in liquidated damages.

Upon completion of test, Contractor shall submit an electronic copy of the test results and printouts to Fleet Services Coordinator and the proper regulatory Agency. Contractor is responsible for disposing of all waste generated during testing events.

REQUIREMENTS FOR DESIGNATED UST OPERATOR

1. Designated Operator shall maintain a current California UST System Operator Certification.

2. Designated Operator shall maintain a current California UST Service Technician Certification if existing at Effective Date of this Agreement.

3. Contractor, Contractor’s Employees and Contractor’s Subcontractors shall abide by all of the following requirements:
a. Contractor, Contractor's Employees and Contractor's Subcontractors shall wear uniforms with Company Name and Employee Name tag visible and Company Vehicle must be properly marked with Company's Name.
b) Contractor, Contractor's Employees and Contractor's Subcontractors shall perform all work in accordance to all City, State, and Federal Safety Standards and Regulations. Contractor shall obtain a copy of the City's Safety Policies and Procedures from the City's Risk Management Office.
c) Upon entering the Job Site, Contractor, Contractor's Employees and Contractor's Subcontractors shall check in with a City Employee (in person or by phone) and document start time on work order. Upon job completion, Contractor shall document time completion and have work order signed by a City Employee. d) The Fleet Services Coordinator will identify the type of service response required when the request for service is initiated:
i. EMERGENCY RESPONSE: Phone response with 30 minutes of the initial call. Arrival on site within 2 hours of phone confirmation. ii. Non-EMERGENCY RESPONSE: Confirmation of onsite arrival the next business day.
iii. GENERAL SERVICE REQUEST: Service needs to be completed prior to the next Designated Operator Inspection.

Redlands Regular Meeting 06-21-2022 1662 of 1716
Redlands Regular Meeting 06-21-2022 1663 of 1716
EXHIBIT "B"

FEE SCHEDULE

DESIGNATED OPERATOR SERVICES
Item
# Item Description Unit of Measure Unit Price
1 30-Day Designated UST Operator Inspection Each $140.00 2 Training Per Employee EA $40.00
3 Meetings EA $200.00

TESTING SERVICES
4 Annual AST Inspection LT $125.00
5 Annual Monitor Certification, Spill Bucket and Line Leak Detector Test LT $500.00
6 Annual Monitor Certification, Spill Bucket and Line Leak Detector RETEST LT $350.00
7 Annual Vapor Recovery Test LT $650.00
8 Annual Vapor Recovery Test RETEST LT $350.00
9 Secondary Containment Testing LT $1,300.00
10 Secondary Containment Testing RETEST LT $650.00

MAINTENANCE AND REPAIR SERVICES
11 Maintenance and Repairs - Same Business Day Labor
Rate Straight Time HR $115.00
12 Maintenance and Repairs - Same Business Day Labor
Rate Over Time HR $135.00
13 Maintenance and Repairs - Same Business Day Labor
Rate Double Time HR $150.00
14 Maintenance and Repairs - Same Business Day Travel HR $50.00 15 Maintenance and Repairs - Next Business Day Labor
Rate Straight Time HR $115.00
16 Maintenance and Repairs - Next Business Day Labor
Rate Over Time HR $135.00
17 Maintenance and Repairs - Next Business Day Labor
Rate Double Time HR $150.00
18 Maintenance and Repairs - Next Business Day Travel HR $50.00 19 Maintenance and Repairs - Emergency Calls - Minimum
Time (if any) HR $125.00
20 Maintenance and Repairs - Emergency Call Out charge
during regular business hours HR $125.00
21 Maintenance and Repairs - Emergency Call Out charge
during non-business hours HR $190.00
22 Maintenance and Repairs - Emergency Call Travel HR $62.50 23 Alarm Response - Minimum time charge HR $115.00
24 Alarm Response - During regular business hours HR $115.00 25 Alarm Response - During non-business hours HR $150.00 26 Alarm Response - Travel HR $50.00
27 Mark-up percentage for parts 15%
Redlands Regular Meeting 06-21-2022 1664 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

P.F. SERVICES INC

By: Date: ___________________
Joan Fuerte, Vice President
Redlands Regular Meeting 06-21-2022 1665 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of repair parts for heavy duty trucks (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and P & S Truck Center (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to supply repair parts for heavy duty trucks services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\P & S Truck Center Agreement.NPS-2.1.FY21-0158.docx.jn Redlands Regular Meeting 06-21-2022 1666 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Twenty-Nine Thousand Eight Hundred Fifty-Four Dollars and 40 Cents ($29,854.40) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Twenty Nine Thousands Eight Hundred Fifty Four Dollars and 40 Cents ($29,854.40) for the first Extended Term; and Twenty Nine Thousands Eight Hundred Fifty Four Dollars and 40 Cents ($29,854.40) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Eighty Nine Thousand Five Hundred Sixty Three Dollars and Twenty Cents ($89,563.20). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Mary McKee, Owner
City of Redlands P & S Truck Center
35 Cajon Street 161 E. Valley Blvd.

P.O. Box 3005 (mailing) Rialto, CA 92376
Redlands Regular Meeting 06-21-2022 1667 of 1716
Redlands, CA 92373 [email protected]
[email protected] 909-874-2000
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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 Redlands Regular Meeting 06-21-2022 1668 of 1716
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:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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 Redlands Regular Meeting 06-21-2022 1669 of 1716
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS P & S TRUCK CENTER
By: ___________________________ By: _________________________ Paul T. Barich, Mayor Mary McKee, Owner
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1671 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall supply cost-effective heavy duty repair trucks parts in a timely efficient manner.

Contractor shall work collaboratively with staff to supply parts to repair various makes and models of heavy duty trucks.

The primary manufacturers are, but limited to:
• International
• Autocar
• Peterbilt
Redlands Regular Meeting 06-21-2022 1672 of 1716
EXHIBIT "B"

FEE SCHEDULE
Prices include, but are not limited to: overhead costs, freight delivery, and all related fees. *A core charge is a fee that is added to the price of parts. When the old part (the core) is returned the City shall be reimbursed.

Line
Item Parts Description Part # Brand Unit Unit Price Core Charge* (if applicable)
Total
Price
1 Brake Shoes Kit
(Front w/23,000 lb.
lining)
GG47020 Haldex each $56.46 $25.00 $81.46
2 Brake Shoes Kit
(Rear) GG47072 Haldex each $56.43 $25.00 $81.43
3 Brake Drum (Front) 61528B Webb each $95.09 - $95.09
4 Brake Drum (Rear) 66884B Webb each $137.00 - $137.00
5 Universal Joint M676X Merritor each $96.95 - $96.95
6 Fan Clutch 90000 Kit
Master each $532.00 $332.00 $864.00
7 Radiator 5900-06ST Active each $840.00 - $840.00
8 Water Pump RW6079X Haldex each $79.00 - $79.00
9 Rear Brake
Chamber GC3030P40 Haldex each $42.43 - $42.43
10 Power Steering
Gear Box TAS65008X Steering
Camp each $471.00 $200.00 $671.000
11 AC Compressor 03-3002-E Truck
Air each $229.00 - $229.00
12 AC Drier 07-0602A Truck
Air each $19.61 - $19.61
Redlands Regular Meeting 06-21-2022 1673 of 1716
EXHIBIT "D"
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.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

P & S TRUCK CENTER

By: Date: ___________________
Mary McKee, Owner
Redlands Regular Meeting 06-21-2022 1674 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of fleet oil and lubricants supplies (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and SC Commercial, LLC, dba SC Fuels, a Delaware corporation (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to supply fleet oil and lubricants services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.2 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\SC Commercial Agreement.NPS-2.1.FY21-0159.docx.jn Redlands Regular Meeting 06-21-2022 1675 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.3 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to 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 Seventy-Nine Thousand One Hundred Fifty-One Dollars and Fifty-Five Cents ($79,151.55) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Seventy-Nine Thousand One Hundred Fifty-One Dollars and Fifty-Five Cents ($79,151.55) for the first Extended Term; and Seventy Nine Thousand One Hundred Fifty-One Dollars and Fifty-Five Cents ($79,151.55) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Two Hundred Thirty-Seven Thousand Four Hundred Fifty-Four Dollars and Seventy Cents ($237,454.70). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Robert W. Bollar, Corporate Secretary & Vice President City of Redlands SC Commercial, LLC., dba SC Fuels
35 Cajon Street PO Box 4159
Redlands Regular Meeting 06-21-2022 1676 of 1716
P.O. Box 3005 (mailing) Orange, CA 92863
Redlands, CA 92373 [email protected]
[email protected] 714-744-7140
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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 Redlands Regular Meeting 06-21-2022 1677 of 1716
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:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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 Redlands Regular Meeting 06-21-2022 1678 of 1716
whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

Redlands Regular Meeting 06-21-2022 1679 of 1716
CITY OF REDLANDS SC COMMERCIAL, LLC., dba SC FUELS
By: ___________________________ By: ________________________________ Paul T. Barich, Mayor Robert W. Bollar, Corporate Secretary & Vice President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting 06-21-2022 1680 of 1716
EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall supply fleet oil and lubricants to the City’s Corporate Yard, located at 1270 W.

Park Avenue, Building E., Redlands CA 92373. Contractor shall be within 20 miles from the Corporate Yard.

Contractor shall have the capabilities for a one (1) to three (3) business day maximum turnaround time for product delivery. Any deviations to this timeframe requires prior approval by Fleet Services Coordinator.

ENVIRONMENTAL AND SAFETY AND HEALTH STANDARDS COMPLIANCE Contractor shall comply with applicable environmental statutes, regulations & guidelines in performing the work required under this agreement. Contractor shall also comply with applicable Occupational Safety and health standards, regulations and guidelines in performing the work required under this agreement.

Contractor shall have a qualified representative meet with the Fleet Services Coordinator monthly and review current oil and lubricant levels, and assist in reorder as necessary.

Redlands Regular Meeting 06-21-2022 1681 of 1716
EXHIBIT "B"

FEE SCHEDULE
Re-refined lubricants will not be accepted.

Prices include all costs for the products described. All overhead costs, including, but not limited to, delivery & stock fees shall be included in the product rate. Prices shall remain in effect for the term of the contract.

ESCALATION AND DE-ESCALATION OF BID PRICE
During the life of a contract awarded pursuant to this Request for Bid, including any extensions thereof, there may be a general published manufacturer’s price change OR a general market change, as evidenced by prices paid by other governmental entities or private organizations, in either the cost of materials or labor of the product or service specified herein. Within thirty (30) calendar days of a DECREASE in price, a successful bidder shall have an AFFIRMATIVE DUTY to (1) notify the City of market, manufacturer or laborer decreases in prices; and (2) to extend the full decrease to the City. Failure of a successful bidder to notify the City and/or extend such decrease(s) may be considered a breach of contract.

In event of an INCREASE in price, the City may allow, upon presentation of suitable proof and thirty (30) calendar days’ advanced written notice, an increase over bid price. Increases will apply only to products or services affected by an increase in raw material, labor, or other like cost factors. No increase will be allowed earlier than (120) calendar days from date of contract award, including thirty (30) calendar days’ advanced written notice and written approval by authorized City staff.

If the Contractor proposes a price increase, the Contractor shall be required to submit any price increases to authorized city staff. Said notice shall show item number, current price, suggested price increase, and purchase order number.

The City reserves the right to accept or reject any price increase, and to cancel the contract if price increases are not acceptable. Documentation may be required to provide justification for any increases based on the US Bureau of Labor Statistics, Consumer Price Index increases or manufacturer increases that are out of the control of the Contractor.

PRODUCT DESCRIPTION DELIVERY METHOD UNIT
PRICE

1. 15w40 CK-4 Motor Oil Approved for
Cummins CES 20086 & Natural Gas
CES 20092 specifications
Transfer of Gallon Max 250 gal $13.00 p/gal

2. 5w30 Motor Oil
SP/GF6 55 Gal Drum $8.29 p/gal

3. Full Syn Multi Vehicle ATF Transfer of Gallon Max 250 gal $19.74 p/gal

4. ATF Dexron III / Mercon Transfer of Gallon Max 250 gal $8.29 p/gal

5. Hydraulic Fluid AW 68 Transfer of Gallon Max 250 gal $11.982 p/gal

6. 80/90 Gear Oil GL-5 55 Gal Drum $12.29 p/gal

7. 5w20 Full Syn Motor Oil SP/GF6 55 Gal Drum $12.29 p/gal

8. Synthetic ATF
Allison TES 295 Approved 55 Gal Drum $28.24 p/gal
Redlands Regular Meeting 06-21-2022 1682 of 1716
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

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.

SC COMMERCIAL, LLC, dba SC FUELS

By: Date: ___________________
Robert W. Bollar,
Corporate Secretary & Vice President
Redlands Regular Meeting 06-21-2022 1683 of 1716

AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of lift equipment maintenance and repair (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Southwest Lift & Equipment Inc. (“Contractor”).

City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform lift equipment maintenance and repair services for City (the “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 this reference.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.2 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2022 (the “Initial Term”). The City shall have the option to extend the Initial Term of this 1 L:\ca\Agreements\Southwest Lift & Equipment Agreement.NPS-2.1.FY21-0160.docx.jn Redlands Regular Meeting 06-21-2022 1684 of 1716
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 Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of One Hundred Thirty-Four Thousand Dollars ($134,000) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of One Hundred Thirty-Four Thousand Dollars ($134,000) for the first Extended Term; and One Hundred Thirty-Four Thousand Dollars ($134,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Four Hundred Two Thousand Dollars ($402,000). 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 in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

CITY CONTRACTOR
City Clerk Jane Wingenfeld, Treasurer
City of Redlands Southwest Lift & Equipment, Inc.
35 Cajon Street 254 E. Valley Street
P.O. Box 3005 (mailing) San Bernardino, CA 92408
Redlands, CA 92373 [email protected]
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[email protected] 909-867-9820
(909) 798-7531 Fax 909-867-9821
ARTICLE 6 – INSURANCE AND INDEMNIFICATION

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.

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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:

ARTICLE 8 – GENERAL CONSIDERATIONS

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 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.

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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS SOUTHWEST LIFT & EQUIPMENT, INC.

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Jana Wingenfeld, Treasurer
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"

SCOPE OF SERVICES
Contractor shall 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 levels are correct. • Inspect lift seals and seal plates.
• Inspect and test mechanical safety locks for any wear. • 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 (1) Benwill 7k 2 POST 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 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. • 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.

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• 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.

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 monitoring Electric Air Compressors (6) and Tanks (7) (Semiannual inspection and service) • Drain and replace pump oil.
• Replace air filters.
• Inspect belts.
• Inspect for leaks.
• Clean units.
• Grease motor.

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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.

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, or purchase) • Jacks (floor jacks, low profile jacks)
• Fast Pipe
• Tsunami filter with drain 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 lb. capacity)
• Rotary - FC5710 (rolling jack 15,000 lb. capacity)
• Western - WP2 (2 post inground 8,000 lb. 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
• Balancer - Coats 1000.

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EXHIBIT "B"

FEE SCHEDULE
Description Type Price per Service
Electric Compressor Service $250.00 each
Gas Compressor Service $250.00 each
Diesel Compressor Service $250.00 each
Lift Certifications $250.00 each
Service Call Truck/Charge $0.00
Labor Rate $138.00 per hour
Parts 15% markup
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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

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.

SOUTHWEST LIFT & EQUIPMENT, INC.

By: Date: ___________________
Jana Wingenfeld, Treasurer
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City Council Meeting K. 12.

DATE: 06/21/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the approval and award of a construction contract to Deark E&C, Inc., for an amount not-to-exceed $314,190 for the FY20-21 Community Development Block Grant (CDBG-CV3)
Redlands Senior Center Improvement - Outdoor Dining Area for Seniors Construction Project, Project No. 03012022JN, and determination that the project is categorically exempt from environmental review under Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Chris Boatman)
MOTION(S):

If the City Council determines staff recommendation is appropriate, the following motions are provided:

I move that the City Council determine approval of a construction contract with Deark E&C, Inc. for the Redlands Senior Center Outdoor Dining Area Project is categorically exempt from environmental review in accordance with Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve the construction contract with Deark E&C, Inc. for the Redlands Senior Center Outdoor Dining Area Project for an amount not-to-exceed $314,190.

2. RECOMMENDATION:

Staff recommends that the City Council determine that approval of the contract for the FY20-21 Community Development Block Grant (CDBG-CV3) Redlands Senior Center Improvement - Outdoor Dining Area for Seniors Construction Project, Project No. 03012022JN, is categorically exempt from environmental review in accordance with Section 15303(e) of the State’s guidelines implementing the California Environmental Quality Act. Staff further recommends that City Council approve the FY20-21 Community Development Redlands Regular Meeting 06-21-2022 1704 of 1716
Block Grant (CDBG-CV3) Redlands Senior Center Improvement - Outdoor Dining Area for Seniors Construction Project, Project No. 03012022JN, contract with Deark E&C, Inc., for an amount not-to-exceed $314,190.

DISCUSSION:

On July 6, 2021, Agenda Item No. K.2, the City Council approved the County of San Bernardino's Fiscal Year 2021-22 Community Development Block Grant COVID-19 (CDBG-CV3) funding for a variety of city projects. One of the projects included in the scope of these funds was the Redlands Senior Center Improvement - Outdoor Dining Area for Seniors project in the amount of $259,920 that was reprogrammed from other canceled projects. An additional amount of $52,448.92 has been reprogrammed for this project for a grand total of $312,368.92 in CDBG-CV3 funding. The project consists of a 3,600 square foot covered patio with associated outdoor furniture within the courtyard area of the City's Senior Center located at 111 West Lugonia Avenue.

The scope of the work will also include the construction of an ADA-compliant ramp, fabrication and installation of guardrails, chain link fence and gate, concrete block wall, storm drain and raised planters. The plans and specifications were completed in February 2022, and approved on April 7th 2022 by the County of San Bernardino for funding purposes. As a result, a request for bids was placed on April 8th and on April 28th, 2022, the City Clerk's office received and opened three (3) bids. The bids were reviewed by staff to determine if they were responsive to bid requirements. Based on the attached bid analysis, Deark E&C, Inc. is the lowest responsive and responsible bidder.

Therefore, it is recommended that City Council award a construction contract to Deark E&C, Inc., for an amount not-to-exceed $314,190. If approved, it is anticipated the project will be completed within ninety (90) calendar days from issuance of a Notice to Proceed.

The following three (3) Project bids were received before the submittal deadline:

BID OPENING REPORT SUMMARY

BIDDER BID AMOUNT
Deark E & C, Inc., Gardena, CA $314,190
Three Peaks Corp., Calimesa, CA $410,069
AG Construction, Tarzana, CA *$485,881
*An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and highlighted in the attached bid analysis to identify arithmetic errors, but did not affect the ranking.

Furthermore, this project is categorically exempt from environmental review in accordance with Section 15303(e) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves the construction of an accessory structure or patio at an existing city facility.

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ALTERNATIVES:

City Council may reject all bids and direct staff to re-advertise the project.

However, this is not recommended because it would delay the project as well as potentially affect the CDBG-CV3 funding availability due to timeliness of project progression. Additionally, the deadline declared by the County of San Bernardino for fully expending CDBG-CV3 funding is Friday, April 28, 2023.

STRATEGIC PLAN:

The project supports Strategic Plan Priority D, Strategic Objective 3.

SUBMITTED BY:

Chris Boatman, Assistant City Manager
RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tabitha Kevari, Assistant Director/FCS
PREPARED BY:

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2021-22
Revenue Generating: N
Appropriation Required Y/N: N
Amount: 1,821.08
Budgeted Y/N: Y
Account No.: 101309
Discussion:

The Senior Center Outdoor Dining Facilities Rehabilitation Construction Project is funded by the Fiscal Year 21/22 Community Development Block Grant COVID-19 (CBDG-CV) Funds in the amount of $312,368.92. The remaining amount of $1,821.08 is available within the Facilities and Community Services Department, Recreation Division budget.

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Attachments
Deark E&C Inc. Contract
Bid Opening Report
Bid Analysis
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PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 21st day of June, 2022, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Deark E&C, Inc. (hereinafter "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:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Senior Center Outdoor Dining Facilities Construction Project No. 03012022JN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Senior Center Outdoor Dining Facilities Construction Project No. 03012022JN (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of Three Hundred Fourteen Thousand One Hundred Ninety Dollars ($314,190.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within Ninety (90) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred Dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Redlands Regular Meeting 06-21-2022 1708 of 1716
Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)
By:____________________________________
Paul T. Barich, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Community Services Department
Senior Center Outdoor Dining Facilities Construction Project Project No. 03012022JN

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 selfinsure, 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.

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.

Dated this day of , 2022.
_____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and DEARK E&C, INC. (hereinafter designated as "Principal") have entered into an agreement dated June 21, 2022 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Senior Center Outdoor Dining Facilities Construction, Project No.03012022JN and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Three hundred fourteen thousand one hundred ninety dollars ($314,190.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall Redlands Regular Meeting 06-21-2022 1712 of 1716
mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________

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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Deark E&C, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated June 21, 2022, and identified as Senior Center Outdoor Dining Facilities Construction, Project No.03012022JN is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Three hundred fourteen thousand one hundred ninety dollars ($314,190.00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2022.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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Redlands Regular Meeting 06-21-2022 1715 of 1716
ATTACHMENT "C"
PROJECT NO. 03012022JN BID DATE: 28-Apr-2022
Senior Center Outdoor Dining Facilities Construction Project EST. START DATE: 1-Jul-2022 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization 1 LS $15,000.00 $15,000.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 2 Site surface leveling and grading 423 SY $50.00 $21,150.00 $18.00 $7,614.00 $20.00 $8,460.00 3 Compact subgrade 423 SY $10.00 $4,230.00 $12.00 $5,076.00 $50.00 $21,150.00 4 6" Class II Aggregate Base Material-Supply and compaction 70 CY $100.00 $7,000.00 $61.00 $4,270.00 $67.00 $4,690.00 5 4" PCC Patio Pad 3,634 SF $10.00 $36,340.00 $14.00 $50,876.00 $14.00 $50,876.00 6 Reinforcement Concrete 13 CY $1,300.00 $16,900.00 $700.00 $9,100.00 $900.00 $11,700.00 7 8" Concrete Block Wall 350 SF $50.00 $17,500.00 $70.00 $24,500.00 $60.00 $21,000.00 8 1 1/2" Steel Pipe Handrail and Guardrail 118 LF $140.00 $16,520.00 $190.00 $22,420.00 $303.00 $35,754.00 9 ADA ramp with landing 175 SF $50.00 $8,750.00 $40.00 $7,000.00 $25.00 $4,375.00 10 PCC storm trench 70 LF $180.00 $12,600.00 $171.00 $11,970.00 $200.00 $14,000.00 11 Steel grate 70 LF $100.00 $7,000.00 $156.00 $10,920.00 $160.00 $11,200.00 12 3 1/2" Storm drain ABS SCH 40 pipe 168 LF $60.00 $10,080.00 $31.00 $5,208.00 $210.00 $35,280.00 13 Concrete Raised Planter 5 EA $2,500.00 $12,500.00 $4,350.00 $21,750.00 $8,000.00 $40,000.00 14 Irrigation piping for 6 raised planters 1 LS $2,000.00 $2,000.00 $11,000.00 $11,000.00 $7,500.00 $7,500.00 15 Chain link fence dual gate 35 SF $130.00 $4,550.00 $151.00 $5,285.00 $310.00 $10,850.00 16 Chain link fence single gate 1 EA $3,000.00 $3,000.00 $3,900.00 $3,900.00 $9,960.00 $9,960.00 17 Chain link fence 400 SF $25.00 $10,000.00 $25.00 $10,000.00 $65.00 $26,000.00 18 Aluminum Patio cover 1,238 SF $65.00 $80,470.00 $110.00 $136,180.00 $97.00 $120,086.00 19 Patio Cover Lighting 1 LS $4,000.00 $4,000.00 $11,000.00 $11,000.00 $7,000.00 $7,000.00 20 Patio Cover Heater 12 EA $1,400.00 $16,800.00 $3,000.00 $36,000.00 $1,500.00 $18,000.00 21 1" Electrical Conduit run 60 LF $130.00 $7,800.00 $100.00 $6,000.00 $50.00 $3,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price $314,190.00 $410,069.00 $485,881.00

CITY OF REDLANDS

FACILITIES AND COMMUNITY SERVICES DEPARTMENT

BID ANALYSIS
Item
No.

AG Construction Bid Item Quantity Unit DEARK E&C, INC. Three Peaks Corp Multiplication error on bid
Item #8, Totals are corrected
per item unit price
Sheet 1 of 1
Redlands Regular Meeting 06-21-2022 1716 of 1716

Redlands City CouncilJune 21, 2022

Redlands City Council
June 21, 2022