1 SERVICES AGREEMENT LYLE CASTILO dba TWIN BUILDERS Property Maintenance Services (RFP No. 2313) On this _____ day of _______________, 20__, THE CITY OF RIVERSIDE, AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF RIVERSIDE, a public entity Successor Agency LYLE CASTILLO, a sole proprietor, doing business as TWIN BUILDERS 1. Scope of Services. Contractor shall furnish all labor, materials, and equipment for and perform the work of Property Maintenance Services (RFP No. 2313) shall perform the Services in accordance with the provisions and requirements of the Scope of Services and incorporated herein by reference. 2. Term. This Agreement shall be in effect for three (3) years from the date of the executed Services Agreement, with two (2) one-year (1) options to extend as needed, not to exceed five (5) years based upon acceptable performance by the Contractor, acceptable fees and are subject to the same terms and conditions of the Agreement. Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, Successor Agency and Contractor may negotiate any and all price modifications. 3. Compensation. Successor Agency shall pay Contractor for the performance of the Services during the initial term of this Agreement a Contract Price not to exceed Three Hundred Seventy-Six Thousand Dollars ($376,000), unless an increase is agreed to by the parties. Successor Agency shall pay Contractor for Services performed to Successor Agencyon a monthly basis in accordance with the provisions of the Compensation Schedule attached d term shall be mutually agreed upon in writing by the parties. 4. General Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 5. Business Tax Certificate. As a condition of this Agreement, Contractor shall secure a business tax certificate to operate in the City of Riverside pursuant to Chapter 5.04 of the Riverside Municipal Code, and shall also secure any other licenses or permits which may be required. 6. Business Tax and Penalties. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed, or 2 which becomes owed, by Contractor to the City, the City acting on behalf of the Successor Agency reserves the right to withhold and offset said amounts from any payments, refunds or reimbursements owed by Successor Agency to Contractor under the Agreement. Notice of such withholding and offset shall promptly be given to Contractor by Successor Agency in writing. In the event of a dispute as to the amount owed or whether such amount is owed to Successor Agency, Successor Agency will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 7. Personnel. Contractor shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. The key personnel are listed in personnel to perform the Services. 8. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Contractor acknowledges that any assignment may, at the Successor AgencyCity Manager and/or City Council approval acting on behalf of the Successor Agency. Contractor shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible Successor Agency Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 11. Contractor acknowledges and agrees that the Successor Agency is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the Successor Agency. 9. Independent Contractor. In the performance of this Agreement, Contractor, and independent contractors, and not as officers or employees of the City of Riverside or the Successor Agency. Contractor acknowledges and agrees that the Successor Agency and the City have no s employees, subcontractors and agents. Contractor, as an independent contractor, shall be responsible for any and all taxes that apply to Contractor as an employer. 10. Indemnification. Contractor shall indemnify and hold harmless the Successor Agency and the City, and the Successor Agencyemployees, officers, managers, agents and council members from any liability, claim, damage or action whatsoever, arising out of the sole negligence or willful misconduct of Contractor, its officers, employees, subcontractors, or agents including but not limited to property damage, bodily injury, or death. Contractor shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlement or awards, the Successor Agency and the City and the Successor Agency and the employees, officers, managers, agents and council members in any such action or claim. With respect to any action or claim subject to indemnification herein by Contractor, Contractor shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of Successor Agency; provided, 3 however, that any such adjustment, settlement or compromise in no manner whatsoever limits or Successor Agency and the Cityobligations hereunder shall be satisfied when Contractor has provided to Successor Agency and/or the City the appropriate form of dismissal (or similar document) relieving the Successor Agency and/or the City from any liability for the action or claim involved. The specified insurance limits required in this Agreement shall iindemnify and hold harmless the Successor Agency or the City. 11. Insurance. 11.1 General Provisions. Prior to the Successor AgencyAgreement, Contractor shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified prohibited by law. 11.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor10 hereof. 11.1.2 Ratings. Any insurance policy or coverage provided by Contractor or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a a Financial Class of VII or higher. 11.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to Successor Agency by certified or registered mail, postage prepaid. 11.1.4 Adequacy. The Successor Agency, the City, and their officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage as Contractor deems adequate, at Contractor 11.2 Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code compensation, or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor Successor AgencyAgreement, Contractor shall file with Successor Agency either 1) a certificate of insurance showing that such insurance is in effect, or that Contractor is self-insured for such coverage, or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with Successor Agency. Any 4 certificate filed with Successor Agency shall provide that Successor Agency will be given ten (10) days prior written notice before modification or cancellation thereof. 11.3 Commercial General Liability and Automobile Insurance. Prior to Successor AgencyContractor shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Contractor against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Contractor. The Successor Agency, the City, and their officers, employees and agents, shall be named as additional insureds under the Contractor 11.3.1 Contractorboth bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000. 11.3.2 Contractorand property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractorinsurance policies shall cover all vehicles used in connection with ContractorAgreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractoree vehicles, non-Contractor owned vehicles and hired vehicles. 11.3.3 Prior to Successor Agencyinsurance policies or original certificates along with additional insured endorsements acceptable to the Successor Agency evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with Successor Agency and shall include the Successor Agency and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the Successor Agency to the Redevelopment Agency of the City of Riverside, and its officers, employees and agents, and the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the Successor Agency to the Redevelopment Agency of the City of Riverside. 11.3.4 The insurance policy or policies shall also comply with the following provisions: a. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. 5 The retroactive date of coverage must also be listed. b. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the Successor Agency and Endorsement No. CG 20010413 shall be provided to the Successor Agency. 12. Termination. Successor Agency shall have the right to terminate any or all of days written notice to Contractor. In the event of such termination, Contractor shall submit termination for payment by the Successor Agency. Notwithstanding the foregoing, the Successor Agency performance of this Agreement upon five (5) calendar days written notice if: (1) Contractor fails to promptly begin performance of the Services; (2) Contractor fails to perform the Services; (3) Contractor discontinues performance of the Services; (4) Contractor fails to make payment to employees in accordance with applicable law; (5) Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction; (6) Contractor otherwise is guilty of breach of a provision of this Agreement; (7) Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide Successor Agency contractual obligations. (8) A receiver, trustee, or other judicial officer shall not have any right, title, or Successor Agency has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void. 13. Non-DiscriminationContractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 6 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 14. Successor AgencyConsultants/Contractors. Successor Agency reserves the right to employ other Contractors in connection with the Services. If the Successor Agency due to the failure of the Contractor to perform, or due to the breach of any of the provisions of this Agreement, the Successor Agency reserves the right to seek reimbursement from Contractor. 15. Conflict of Interest. Contractor, for itself and on behalf of the individuals listed , represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, affected by the above-described Services. Contractor further warrants that neither Contractor, nor the individuals have any real property, business interests or income interests that will be affected by this project or, alternatively, that Contractor will file with the Successor Agency an affidavit disclosing any such interest. 16. Solicitation. Contractor warrants that Contractor has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, Successor Agency shall have the right to terminate this Agreement without liability and pay Contractor only for the value of work Contractor has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Contractor the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 17. Prevailing Wage. If applicable, pursuant to Section 1771 of the California Labor Code, Contractors are required to pay the general prevailing rates of per diem wages, overtime and holiday wages as determined by the Director of the Department of Industrial Relations and implemented by Resolution No. 13346 of the City Council of the City of Riverside. Tdetermination of prevailing wage rates is available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm, and is referred to and made a part hereof as though fully set forth herein. California Labor Code Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR. Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov/Public-Works/PublicWorks.html. 18. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows: /// /// To Successor Agency To Contractor Community & Economic Development Twin Builders, Sole Partnership City of Riverside Attn: Lyle Castillo 7 Attn: Robert Lewis 1709 Via Valmonte Circle 3900 Main Street Corona, CA 92881 Riverside, CA 92522 19. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court of California, County of Riverside and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 20. Waiver. No action or failure to act by the Successor Agency shall constitute a waiver of any right or duty afforded Successor Agency under this Agreement, nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing. 21. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect. 22. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Contractor and Successor Agency. 23. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. 24. Digital and Counterpart Signatures. Each party to this Agreement intends and agrees to the use of digital signatures that meets the requirements of the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Regulations, Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate original, constituting one and the same instrument and shall be binding on the parties hereto. 25. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the 8 parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. [SIGNATURES ON FOLLOWING PAGE.] 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.THE CITY OF RIVERSIDE,AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF RIVERSIDE, a public entityBy:___________________________________Mike Futrell, City Manager on behalf of the Successor Agency to the Former Redevelopment Agency of the City of RiversideATTEST:By:___________________________________ Donesia Gause, City Clerk on behalf of the Successor Agency to the Former Redevelopment Agency of the City of RiversideCertified as to Availability of Funds:By:___________________________________ Chief Financial OfficerAPPROVED AS TO FORM:By:___________________________________Successor Agency General Counsel LYLE CASTILLO, a sole proprietor, doing business as TWIN BUILDERSBy:__________________________________Print Name:___________________________Title:_________________________________(Signature of Board Chair, President, or Vice President)andBy:__________________________________Print Name:___________________________Title:_________________________________(Signature of Secretary, Assistant Secretary, CFO, Treasurer, or Assistant Treasurer) 24-1503 SBM/jv 03/12/25\\rc-citylaw\CYCOM\WPDOCS\D009\P042\00858698.docx
SCOPE OF SERVICES The City is seeking Contractor(s) to provide property maintenance services for properties located within the City of Riverside, California. The City owns numerous properties, including vacant structures and parcels. Contractor shall complete the services listed below within twenty-four (24) hours or as directed, after Contractor shall provide The City shall approve the quote in writing before work is started. CATEGORY A 1. Secure vandalized properties, shall include, but not limited to: a. Contractor shall complete the board-up of residential and/or commercial buildings. b. Shall consist of windows, doors, etc. CATEGORY B 1. Painting, shall include, but not limited to: a. Provide painting of residential and/or commercial buildings. b. Remove graffiti. CATEGORY C 1. Weed Abatement, shall include, but not limited to: a. Spraying. b. Pulling and/or cutting weeds. c. Disposal of clippings, trash and other waste shall be consistent with all laws and ordinances or codes. 2. Maintenance and landscaping, shall include, but not limited to: a. General maintenance and landscaping. b. Sprinkler repairs. CATEGORY D 1. Fencing, shall include, but not limited to: a. Permanent fencing. b. Temporary fencing. c. Installation. d. Removal. e. Repair. f. Chain link. g. Disposal of waste shall be consistent with all laws and ordinances or codes.
CATEGORY E 1. Pest control, shall include, but not limited to: a. Contractor shall be responsible for handling all chemicals and pesticides, in accordance with all applicable Federal, State, County and Local laws and including mandated regulations and label requirements. Contractor shall provide City with up-to-date Safety Data Sheets (SDS) prior to starting work, and throughout the life of the agreement. b. May be liquid or granular and shall be used with noticeable presence and shall include, but not limited to: i. Aphids. ii. Snails. iii. Wireworms. iv. Grasshoppers. v. Ground squirrel. vi. Gopher. CATEGORY F 1. Erosion Control, shall include, but not limited to: a. Contractor shall provide sand bagging and additional erosion control when requested. CATEGORY G 1. Debris Removal, shall include, but not limited to: a. Removal of hazardous materials, which may include human waste. b. Removal of additional debris as needed. c. Disposal of trash and other waste shall be consistent with all laws and ordinances or codes. FOR ALL CATEGORIES 1. The City will not pay reimbursement for mileage, gas, travel, hotel, airfare, photocopies, etc. The City will reimburse the actual costs, if pre-approved, such as disposal (dump fees) and plywood for board- ups, etc. 2. Contractors will pay for their own tools, nails, screws, etc. 3. Cost proposal shall include and specify the labor, indirect costs, and subcontractor costs. 4. rates for the staff hours and expenses actually accrued in producing the required services, up to a maximum fee to be established through negotiations. 5. Billable rates shall not include mark-ups on reimbursable items; no additional payment will be made for those items. The City will neither reimburse the Contractor for mileage, nor for the use of computer equipment. 6. All subcontractor fees and costs shall not include mark-ups unless specified for a specific
line item in the compensation schedule and will be reimbursed on an actual-cost basis. expenses, or for the use of computer equipment. 7. Primary contractor shall not allow any subcontractor to markup expenses, nor shall the Primary Contractor markup subcontractor fees or out of pocket expenses. The City shall -cost basis. 8. The City does not warrant or guarantee that the total contract amount will be reached or that any specific amount of work will be authorized during the term of the contract.
RFP No. 2313
RFP No. 2313
COMPENSATION
KEY PERSONNEL Lyle Castillo Lance Castillo 1709 Via Valmonte Circle Corona, CA 92881 (951) 271-0620